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Housing Act 1988

Current text a fecha 2003-10-13

Part I — Rented Accommodation

chapter I — Assured Tenancies

Meaning of assured tenancy etc.

Assured tenancies

1

shall become an assured tenancy for the purposes of this Act.

then, so long as that association remains the landlord under that tenancy (and under any statutory periodic tenancy which arises on the coming to an end of that tenancy), paragraph 12 of Schedule 1 to this Act shall have effect in relation to that tenancy with the omission of sub-paragraph (1)(h).

Letting of a dwelling-house together with other land

2

Tenant sharing accommodation with persons other than landlord

3

the separate accommodation shall be deemed to be a dwelling-house let on an assured tenancy and the following provisions of this section shall have effect.

Certain sublettings not to exclude any part of sub-lessor’s premises from assured tenancy

4

Security of tenure

Security of tenure

5

then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.

the obligation referred to in paragraph (a) above shall not be enforceable or, as the case may be, the surrender, notice to quit or other document referred to in paragraph (b) above shall be of no effect.

Fixing of terms of statutory periodic tenancy

6

but nothing in the following provisions of this section applies to a statutory periodic tenancy at a time when, by virtue of paragraph 11 or paragraph 12 in Part 1 of Schedule 1 to this Act, it cannot be an assured tenancy.

but for the purposes of paragraph (b) above the committee shall not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice referred to them.

Orders for possession

7

Notice of proceedings for possession

8

the notice shall have effect notwithstanding that the tenant becomes or has become tenant under a statutory periodic tenancy arising on the coming to an end of the fixed term tenancy.

Extended discretion of court in possession claims

9

for such period or periods as the court thinks just.

the spouse or former spouse, so long as he or she remains in occupation, shall have the same rights in relation to, or in connection with, any such adjournment as is referred to in subsection (1) above or any such stay, suspension or postponement as is referred to in subsection (2) above, as he or she would have if those matrimonial house rights were not affected by the termination of the tenancy.

the cohabitant, former cohabitant or former spouse shall have the same rights in relation to, or in connection with, any such adjournment as is referred to in subsection (1) above or any such stay, suspension or postponement as is referred to in subsection (2) above as he or she would have if the rights conferred by the order referred to in paragraph (a) above were not affected by the termination of the tenancy.

Special provisions applicable to shared accommodation

10

Payment of removal expenses in certain cases

11

Compensation for misrepresentation or concealment

12

Where a landlord obtains an order for possession of a dwelling-house let on an assured tenancy on one or more of the grounds in Schedule 2 to this Act and it is subsequently made to appear to the court that the order was obtained by misrepresentation or concealment of material facts, the court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order.

Rent and other terms

Increases of rent under assured periodic tenancies

13

Determination of rent by rent assessment committee

14

but any discount or other reduction affecting the amount of council tax payable shall be disregarded.

the committee shall make a determination in relation to the section 6 reference before making their determination in relation to the section 13 reference and, accordingly, in such a case the reference in subsection(1)(c) above to the terms of the tenancy to which the notice relates shall be construed as a reference to those terms as varied by virtue of the determination made in relation to the section 6 reference.

Limited prohibition on assignment etc. without consent

15

Access for repairs

16

It shall be an implied term of every assured tenancy that the tenant shall afford to the landlord access to the dwelling-house let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.

Miscellaneous

Succession to assured periodic tenancy by spouse

17

then, on the death, the tenancy vests by virtue of this section in the spouse (and, accordingly, does not devolve under the tenant’s will or intestacy).

Provisions as to reversions on assured tenancies

18

then, subject to subsection (2) below, the assured tenancy shall continue in existence as a tenancy held of the person whose interest would, apart from the continuance of the assured tenancy, entitle him to actual possession of the dwelling-house at that time.

the reversionary tenancy shall have effect as if it had been granted subject to the periodic tenancy.

Restriction on levy of distress for rent

19

chapter II — Assured Shorthold Tenancies

Assured shorthold tenancies

20

the new tenancy cannot be an assured shorthold tenancy.

Recovery of possession on expiry or termination of assured shorthold tenancy

21

Reference of excessive rents to rent assessment committee

22

the fact that it so ceases to be an assured shorthold tenancy shall, in relation to that application, be disregarded for the purposes of this section.

Termination of rent assessment committee’s functions

23

chapter III — Assured Agricultural Occupancies

Assured agricultural occupancies

24

Security of tenure

25

Rehousing of agricultural workers etc

26

In section 27 of the Rent (Agriculture) Act 1976 (rehousing: applications to housing authority)—

chapter IV — Protection from Eviction

Damages for unlawful eviction

27

does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence,

and, as a result, the residential occupier gives up his occupation of the premises as a residence.

and, for the purposes of paragraph (a) above, proceedings to enforce a liability are finally disposed of on the earliest date by which the proceedings (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired, except that if any appeal is abandoned, the proceedings shall be taken to be disposed of on the date of the abandonment.

the court may reduce the amount of damages which would otherwise be payable to such amount as it thinks appropriate.

The measure of damages

28

and in this subsection “general development order”has the meaning given in section 56(6) of the Town and Country Planning Act 1990 and other expressions have the same meaning as in that Act.

Offences of harassment

29

(3A) Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if— (a) he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or (b) he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence, and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises. (3B) A person shall not be guilty of an offence under subsection (3A) above if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question. (3C) In subsection (3A) above “landlord”, in relation to a residential occupier of any premises, means the person who, but for— (a) the residential occupier’s right to remain in occupation of the premises, or (b) a restriction on the person’s right to recover possession of the premises, would be entitled to occupation of the premises and any superior landlord under whom that person derives title.

Variation of scope of 1977 ss. 3 and 4

30

(2B) Subsections (1) and (2) above apply in relation to any premises occupied as a dwelling under a licence, other than an excluded licence, as they apply in relation to premises let as a dwelling under a tenancy, and in those subsections the expressions “let” and “tenancy” shall be construed accordingly. (2C) References in the preceding provisions of this section and section 4(2A) below to an excluded tenancy do not apply to— (a) a tenancy entered into before the date on which the Housing Act 1988 came into force, or (b) a tenancy entered into on or after that date but pursuant to a contract made before that date,but, subject to that, “excluded tenancy” and “excluded licence” shall be construed in accordance with section 3A below.

(2A) In accordance with section 3(2B) above, any reference in subsections (1) and (2) above to the tenant under the former tenancy includes a reference to the licensee under a licence (other than an excluded licence) which has come to an end (being a licence to occupy premises as a dwelling); and in the following provisions of this section the expressions “tenancy” and “rent” and any other expressions referable to a tenancy shall be construed accordingly.

Excluded tenancies and licences

31

After section 3 of the 1977 Act there shall be inserted the following section—

(3A) (1) Any reference in this Act to an excluded tenancy or an excluded licence is a reference to a tenancy or licence which is excluded by virtue of any of the following provisions of this section. (2) A tenancy or licence is excluded if— (a) under its terms the occupier shares any accommodation with the landlord or licensor; and (b) immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part. (3) A tenancy or licence is also excluded if— (a) under its terms the occupier shares any accommodation with a member of the family of the landlord or licensor; (b) immediately before the tenancy or licence was granted and also at the time it comes to an end, the member of the family of the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part; and (c) immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises in the same building as the shared accommodation and that building is not a purpose-built block of flats. (4) For the purposes of subsections (2) and (3) above, an occupier shares accommodation with another person if he has the use of it in common with that person (whether or not also in common with others) and any reference in those subsections to shared accommodation shall be construed accordingly, and if, in relation to any tenancy or licence, there is at any time more than one person who is the landlord or licensor, any reference in those subsections to the landlord or licensor shall be construed as a reference to any one of those persons. (5) In subsections (2) to (4) above— (a) “accommodation” includes neither an area used for storage nor a staircase, passage, corridor or other means of access; (b) “occupier” means, in relation to a tenancy, the tenant and, in relation to a licence, the licensee; and (c) “purpose-built block of flats” has the same meaning as in Part III of Schedule 1 to the Housing Act 1988; and section 113 of the Housing Act 1985 shall apply to determine whether a person is for the purposes of subsection (3) above a member of another’s family as it applies for the purposes of Part IV of that Act. (6) A tenancy or licence is excluded if it was granted as a temporary expedient to a person who entered the premises in question or any other premises as a trespasser (whether or not, before the beginning of that tenancy or licence, another tenancy or licence to occupy the premises or any other premises had been granted to him). (7) A tenancy or licence is excluded if— (a) it confers on the tenant or licensee the right to occupy the premises for a holiday only; or (b) it is granted otherwise than for money or money’s worth. (8) A licence is excluded if it confers rights of occupation in a hostel, within the meaning of the Housing Act 1985, which is provided by— (a) the council of a county, district or London Borough, the Common Council of the City of London, the Council of the Isles of Scilly, the Inner London Education Authority, a joint authority within the meaning of the Local Government Act 1985 or a residuary body within the meaning of that Act; (b) a development corporation within the meaning of the New Towns Act 1981; (c) the Commission for the New Towns; (d) an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980; (e) a housing action trust established under Part III of the Housing Act 1988; (f) the Development Board for Rural Wales; (g) the Housing Corporation or Housing for Wales; (h) a housing trust which is a charity or a registered housing association, within the meaning of the Housing Associations Act 1985; or (i) any other person who is, or who belongs to a class of person which is, specified in an order made by the Secretary of State. (9) The power to make an order under subsection (8)(i) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Notice to quit etc

32

(1A) Subject to subsection (1B) below, no notice by a licensor or a licensee to determine a periodic licence to occupy premises as a dwelling (whether the licence was granted before or after the passing of this Act) shall be valid unless— (a) it is in writing and contains such information as may be prescribed, and (b) it is given not less than 4 weeks before the date on which it is to take effect. (1B) Nothing in subsection (1) or subsection (1A) above applies to— (a) premises let on an excluded tenancy which is entered into on or after the date on which the Housing Act 1988 came into force unless it is entered into pursuant to a contract made before that date; or (b) premises occupied under an excluded licence.

Interpretation of Chapter IV and the 1977 Act

33

(e) an assured tenancy or assured agricultural occupancy under Part I of the Housing Act 1988.

(4) In this Act “excluded tenancy” and “excluded licence” have the meaning assigned by section 3A of this Act. (5) If, on or after the date on which the Housing Act 1988 came into force, the terms of an excluded tenancy or excluded licence entered into before that date are varied, then— (a) if the variation affects the amount of the rent which is payable under the tenancy or licence, the tenancy or licence shall be treated for the purposes of sections 3(2C) and 5(1B) above as a new tenancy or licence entered into at the time of the variation; and (b) if the variation does not affect the amount of the rent which is so payable, nothing in this Act shall affect the determination of the question whether the variation is such as to give rise to a new tenancy or licence. (6) Any reference in subsection (5) above to a variation affecting the amount of the rent which is payable under a tenancy or licence does not include a reference to— (a) a reduction or increase effected under Part III or Part VI of the Rent Act 1977 (rents under regulated tenancies and housing association tenancies), section 78 of that Act (power of rent tribunal in relation to restricted contracts) or sections 11 to 14 of the Rent (Agriculture) Act 1976; or (b) a variation which is made by the parties and has the effect of making the rent expressed to be payable under the tenancy or licence the same as a rent for the dwelling which is entered in the register under Part IV or section 79 of the Rent Act 1977.

Chapter V — Phasing out of Rent Acts and other Transitional Provisions

New protected tenancies and agricultural occupancies restricted to special cases

34

and in this subsection “protected shorthold tenancy” includes a tenancy which, in proceedings for possession under Case 19 in Schedule 15 to the Rent Act 1977, is treated as a protected shorthold tenancy.

the tenancy shall be an assured shorthold tenancy (whether or not , in the case of a tenancy to which the provision applies, it fulfils the conditions in section 20(1) above) unless, before the tenancy is entered into, the landlord serves notice on the tenant that it is not to be a shorthold tenancy.

Removal of special regimes for tenancies of housing associations etc

35

New restricted contracts limited to transitional cases

36

No further assured tenancies under Housing Act 1980

37

section 1(3) of this Act shall not apply to the 1980 Act tenancy.

the contract shall have effect as a contract for the grant of an assured tenancy (within the meaning of this Act).

Transfer of existing tenancies from public to private sector

38

Statutory tenants: succession

39

a person (in the following provisions of this section referred to as “the successor”) becomes entitled to an assured tenancy of a dwelling-house by succession, that tenancy shall be a periodic tenancy arising by virtue of this section.

and in paragraphs (b) to (e) above “under his tenancy”, in relation to the predecessor, means under his protected tenancy or protected occupancy or in his capacity as a statutory tenant.

Chapter VI — General Provisions

Jurisdiction of county courts

40

other than a question falling within the jurisdiction of a rent assessment committee by virtue of any such provision.

Rent assessment committees: procedure and information powers

41

Information as to determinations of rents

42

Powers of local authorities for purposes of giving information

43

In section 149 of the Rent Act 1977 (which, among other matters, authorises local authorities to publish information for the benefit of landlords and tenants with respect to their rights and duties under certain enactments), in subsection (1)(a) after sub-paragraph (iv) there shall be inserted—

(v) Chapters I to III of Part I of the Housing Act 1988

.

Application to Crown Property

44

Interpretation of Part I

45

Part II — Housing Associations

Housing for Wales

Housing for Wales

46

Transfer to Housing for Wales of regulation etc. of housing associations based in Wales

47

Registration and issue of guidance

Permissible purposes, objects or powers

48

Guidance as to management of accommodation by registered housing associations

49

Grants: functions of Relevant Authority

Housing association grants

50

shall be such as may be specified by the Relevant Authority, acting in accordance with such principles as it may from time to time determine.

this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (7) below, were payable to that other association.

Revenue deficit grants

51

the association’s expenditure as calculated by the Relevant Authority. . . for any period (including a period which is wholly or partly a future period) exceeds its income as so calculated for that period.

Recovery etc. of grants

52

has been made to a housing association which is a registered social landlord, the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the Relevant Authority may from time to time determine (in this section referred to as “relevant events”).

and a direction under paragraph (c) above may require the application, appropriation or payment of an amount with interest in accordance with subsections (7) to (9) below.

this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other association.

Determinations under Part II

53

and for the purposes of this subsection descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.

Grants: functions of Secretary of State

Tax relief grants

54

the Secretary of State may make grants to the association for affording relief from tax chargeable on the association.

and in any case shall be of such amount, shall be made at such times and shall be subject to such conditions as the Secretary of State thinks fit.

Surplus rental income

55

(in this section referred to as a “relevant grant”) shall show separately in its accounts for any period ending after the coming into force of this section the surpluses arising from increased rental income during that period from such housing activities to which the grant relates as the Secretary of State may from time to time determine.

and for the purposes of this subsection descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.

requiring them to furnish him with such information as he may reasonably require in connection with the exercise of his functions under this section; and a notice under paragraph (a) or (b) above may be given by publication in such manner as the Secretary of State considers appropriate for bringing it to the attention of the associations concerned.

this section (including this subsection) shall have effect in relation to periods after that time as if the payment, or such proportion of it as may be determined by the Secretary of State to be appropriate, had been made to that other association.

Miscellaneous and supplemental

Duty of Housing Corporation and Housing for Wales in relation to racial discrimination

56

Delegation of certain functions

57

The Secretary of State may delegate to the Housing Corporation, to such extent and subject to such conditions as he may specify, any of his functions , so far as they relate to English registered social landlords, under—

Application of Housing Acts to certain transactions

58

Interpretation of Part II and amendments of Housing Associations Act 1985

59

Part III — Housing Action Trust Areas

Areas and trusts

Housing action trust areas

60

Consultation and publicity

61

Housing action trusts

62

(f) “housing action trust” means a housing action trust established under Part III of the Housing Act 1988

; and at the end of section 14 of the Rent Act 1977 (landlord’s interest belonging to local authority etc.) there shall be added—

(h) a housing action trust established under Part III of the Housing Act 1988

.

Objects and general powers of housing action trusts

63

and may generally do anything necessary or expedient for the purposes of those objects and powers or for purposes incidental thereto.

The housing action trust’s proposals for its area

64

and the trust shall consider any such representations as may be made within the time specified.

Functions

Housing action trust as housing authority etc

65

subject to such modifications (if any) as may be specified in the order.

Planning control

66

Housing action trust as planning authority

67

Public health

68

Highways

69

Co-operation on homelessness between local housing authorities and housing action trusts

70

Power to give financial assistance

71

and the reference in subsection (3) above to the consent of the Secretary of State is a reference to his consent given with the approval of the Treasury.

Directions as to exercise of functions

72

Transfer of functions

73

he may by order provide for the dissolution of the first-mentioned trust and for the transfer of its functions, property, rights and liabilities to the trust referred to in paragraph (a) above, or, as the case may be, to a new housing action trust established for the area by the order.

Transfer of housing accommodation etc.

Transfer of land and other property to housing action trusts

74

shall continue to be recoverable by the local housing authority or, as the case may be, the local authority to the exclusion of the trust and of any other person in whom the reversion on the tenancy may become vested.

Supplementary provisions as to transfer orders

75

Vesting and acquisition of land

Vesting by order in housing action trust

76

Acquisition by housing action trust

77

and Schedule 3 to that Act shall apply to a compulsory purchase of a right by virtue of subsection (5) above.

Supplementary provisions as to vesting, acquisition and compensation

78

(4B) Where any of the relevant land forms part of a housing action trust area established under Part III of the Housing Act 1988. Development of any land other than the relevant land in the course of the development or re-development of the area as a housing action trust area.

Disposals of land

Disposal of land by housing action trusts

79

but this subsection does not apply to a disposal under Part V of the Housing Act 1985 (the right to buy).

Disposals made without consent

80

Consent required for certain subsequent disposals

81

this section (including, where there is more than one such passing or transfer, this subsection) shall apply as if the other person to whom the property passes or is transferred were the approved person.

and the instrument effecting the disposition contains the statement required by subsection (1) above, he shall enter in the register a restriction reflecting the limitation under this section on subsequent disposal.

and any reference to a statement or certificate is a reference to a statement or, as the case may be, certificate in a form approved by the Chief Land Registrar.

Power of Corporation to provide legal assistance to tenants after disposal

82

but paragraph (d) above does not affect the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in any proceedings.

but subject to any charge imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission.

As to whether that is the Housing Corporation or the Secretary of State, see section 56 of the Housing Act 1996.

Secure tenancies and right to buy

Application of Parts IV and V of Housing Act 1985

83

after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ”.

Provisions applicable to disposals of dwelling-houses subject to secure tenancies

84

and in this subsection “house” and “block of flats” have the same meanings as in that section.

Rents

Rents generally

85

Increase of rent where tenancy not secure

86

Agency and dissolution

Agency agreements

87

Dissolution of housing action trust

88

Miscellaneous and general

Supply of goods and services

89

Information

90

being a document, copy or information of a description specified in the notice.

shall take all reasonable steps to ensure that the notice is complied with.

Service of notices

91

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.

Interpretation of Part III

92

Part IV

Preliminary

Right conferred by Part IV

93

Persons by whom right may be exercised

94

and different fees may be specified under paragraph (a) above for different descriptions of cases.

but the service of a notice under this subsection shall not affect any transaction completed before the service of the notice.

Property excluded from right

95

and for the purposes of this subsection the internal floor area of any common parts or common facilities shall be disregarded.

Initial procedures

Application to exercise right

96

Information etc. for applicant

97

Determination of property to be included

98

Determination of purchase price

99

the landlord shall serve on the applicant a notice specifying—

Special cases

Tenants continuing as tenants of landlord

100

being, in either case, a tenant who, before the end of the period mentioned in section 102 below and in response to the consultation under that section, gives notice as mentioned in section 103(2) below of his wish to continue as a tenant of the landlord.

Tenancies granted after relevant date

101

and neither Part II of the Landlord and Tenant Act 1954 (business tenancies) nor Parts III to VI of the Agricultural Holdings Act 1986 (tenancies of agricultural holdings, including market gardens and smallholdings) nor the Agricultural Tenancies Act 1995 (farm business tenancies) shall apply to a tenancy or licence to which this section applies.

Final procedures

Consultations by applicant

102

the applicant shall consult, in accordance with such provisions as may be prescribed, tenants to whom this section applies.

Notice by applicant of intention to proceed

103

Duty to complete and consequences of completion

104

shall continue to be recoverable by the landlord to the exclusion of the applicant and of any other person in whom the reversion on the tenancy may become vested.

Subsequent disposals

Consent required for subsequent disposals

105

this section (including, where there is more than one such passing or transfer, this subsection) shall apply as if the other person to whom the property passes or is transferred were the new landlord.

and, without prejudice to the generality of the conditions subject to which consent may be given, a condition may be imposed requiring a payment by the new landlord either to the public sector landlord from whom he or, where subsection (3) above applies, a predecessor of his acquired the property or to such other person as may be specified in the consent.

Supplemental

Service of information, advice and assistance

106

Power of Corporation to provide legal assistance to tenants in relation to acquisitions

107

and for the purposes of paragraph (b) above a tenant of a dwelling-house is a transferred tenant of it if he was the qualifying tenant of it at the time of the acquisition or is the widow or widower of the person who was then the qualifying tenant of it.

but paragraph (d) above does not affect the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in any proceedings.

but subject to any charge under the Legal Aid Act 1988 and to any provision of that Act for payment of any sum to the Legal Aid Board.

Registration of title and related matters

108

Schedule 12 to this Act shall have effect with respect to registration of title and related matters arising on acquisitions of property under this Part and disposals of property so acquired.

Public open space etc

109

is included in an acquisition under this Part, it shall be deemed to be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with that section.

Extension etc. of relevant periods

110

his application claiming to exercise the right conferred by this Part shall be deemed to be withdrawn, but without prejudice to his making a further such application.

Power to prescribe forms etc

111

The Secretary of State may by regulations prescribe—

Orders and regulations

112

Jurisdiction of county court

113

Interpretation of Part IV

114

Part V — Miscellaneous and General

Leases

Premiums on long leases

115

section 127 of the Rent Act 1977 (allowable premiums in relation to certain long tenancies) shall have effect subject to the amendments in subsections (2) and (3) below.

(2) The conditions mentioned in subsection (1)(a) above are— (a) that the landlord has no power to determine the tenancy at any time within twenty years beginning on the date when it was granted; and (b) that the terms of the tenancy do not inhibit both the assignment and the underletting of the whole of the premises comprised in the tenancy; but for the purpose of paragraph (b) above there shall be disregarded any term of the tenancy which inhibits assignment and underletting only during a period which is or falls within the final seven years of the term for which the tenancy was granted. (3) The reference in subsection (2) above to a power of the landlord to determine a tenancy does not include a reference to a power of re-entry or forfeiture for breach of any term or condition of the tenancy.

Repairing obligations in short leases

116

(1A) If a lease to which this section applies is a lease of a dwelling- house which forms part only of a building, then, subject to subsection (IB), the covenant implied by subsection (1) shall have effect as if— (a) the reference in paragraph (a) of that subsection to the dwelling-house included a reference to any part of the building in which the lessor has an estate or interest; and (b) any reference in paragraphs (b) and (c) of that subsection to an installation in the dweiling-house included a reference to an installation which, directly or indirectly, serves the dwelling-house and which either— (i) forms part of any part of a building in which the lessor has an estate or interest; or (ii) is owned by the lessor or under his control. (1B) Nothing in subsection (IA) shall be construed as requiring the lessor to carry out any works or repairs unless the disrepair (or failure to maintain in working order) is such as to affect the lessee’s enjoyment of the dwelling-house or of any common parts, as defined in section 60(1) of the Landlord and Tenant Act 1987, which the lessee, as such, is entitled to use.

(3A) In any case where— (a) the lessor’s repairing covenant has effect as mentioned in subsection (IA), and (b) in order to comply with the covenant the lessor needs to carry out works or repairs otherwise than in, or to an installation in, the dwelling-house, and (c) the lessor does not have a sufficient right in the part of the building or the installation concerned to enable him to carry out the required works or repairs, then, in any proceedings relating to a failure to comply with the lessor’s repairing covenant, so far as it requires the lessor to carry out the works or repairs in question, it shall be a defence for the lessor to prove that he used all reasonable endeavours to obtain, but was unable to obtain, such rights as would be adequate to enable him to carry out the works or repairs.

a housing action trust established under Part 111 of the Housing Act 1988

.

Certain tenancies excluded from bankrupt’s estate

117

(3A) Subject to section 308A in Chapter IV, subsection (1) does not apply to— (a) a tenancy which is an assured tenancy or an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988, and the terms of which inhibit an assignment as mentioned in section 127(5) of the Rent Act 1977, or (b) a protected tenancy, within the meaning of the Rent Act 1977, in respect of which, by virtue of any provision of Part IX of that Act, no premium can lawfully be required as a condition of assignment, or (c) a tenancy of a dwelling-house by virtue of which the bankrupt is, within the meaning of the Rent (Agriculture) Act 1976, a protected occupier of the dwelling-house, and the terms of which inhibit an assignment as mentioned in section 127(5) of the Rent Act 1977, or (d) a secure tenancy, within the meaning of Part IV of the Housing Act 1985, which is not capable of being assigned, except in the cases mentioned in section 91(3) of that Act.

(308A) Upon the service on the bankrupt by the trustee of a notice in writing under this section, any tenancy— (a) which is excluded by virtue of section 283(3A) from the bankrupt’s estate, and (b) to which the notice relates, vests in the trustee as part of the bankrupt’s estate; and, except against a purchaser in good faith, for value and without notice of the bankruptcy, the trustee’s title to that tenancy has relation back to the commencement of the bankruptcy.

Certain tenancies excluded from debtor’s estate: Scotland

118

(9) Subject to subsection (10) below, the “whole estate of the debtor” does not include any interest of the debtor as tenant under any of the following tenancies— (a) a tenancy which is an assured tenancy within the meaning of Part 11 of the Housing (Scotland) Act 1988, or (b) a protected tenancy within the meaning of the Rent (Scotland) Act 1984 in respect of which, by virtue of any provision of Part VIII of that Act, no premium can lawfully be required as a condition of the assignation, or (c) a secure tenancy within the meaning of Part 111 of the Housing (Scotland) Act 1987. (10) On the date on which the permanent trustee serves notice to that effect on the debtor, the interest of the debtor as tenant under any of the tenancies referred to in subsection (9) above shall form part of his estate and vest in the permanent trustee as if it had vested in him under section 32(6) of this Act.

Amendment of Landlord and tenent Act 1987

119

The Landlord and Tenant Act 1987 shall have effect subject to the amendments in Schedule 13 to this Act.

Rent Officers

Appointment etc. of rent officers

120

Section 63 of the Rent Act 1977 (schemes for the appointment of rent officers) shall have effect subject to the amendments in Part I of Schedule 14 to this Act and after section 64 of that Act there shall be inserted the sections set out in Part II of that Schedule.

Rent officers: additional functions relating to housing benefit etc

121

Right to buy etc. and grants to obtain accommodation

Variation of cost floor for right to buy discount

122

(a) is to be treated as incurred at or after the beginning of that period of account of the landlord in which falls the date which is eight years, or such other period of time as may be specified in an order made by the Secretary of State, earlier than the relevant time, and

.

(1A) In subsection (1)(a) above “period of account”, in relation to any costs, means the period for which the landlord made up those of its accounts in which account is taken of those costs.

and, for the purposes of this subsection, no account shall be taken of any steps taken under section 177 of that Act (amendment or withdrawal and re-service of notice to correct mistakes).

Amendment of Schedule 5 to Housing Act 1985

123

Right to buy: tenant’s sanction for landlord’s delays

124

After section 153 of the Housing Act 1985 there shall be inserted the following sections—

(153A) (1) Where a secure tenant has claimed to exercise the right to buy, he may serve on his landlord a notice (in this section referred to as an “initial notice of delay”) in any of the following cases, namely,— (a) where the landlord has failed to serve a notice under section 124 within the period appropriate under subsection (2) of that section; (b) where the tenant’s right to buy has been established and the landlord has failed to serve a notice under section 125 within the period appropriate under subsection (1) of that section; (c) where the tenant has claimed to exercise the right to be granted a shared ownership lease and the landlord has failed to serve a notice under section 146 within the period of the four weeks required by that section; (d) where the tenant’s right to a shared ownership lease has been established and the landlord has failed to serve a notice under section 147 within the period of the eight weeks required by that section; or (e) where the tenant considers that delays on the part of the landlord are preventing him from exercising expeditiously his right to buy or his right to be granted a shared ownership lease; and where an initial notice of delay specifies any of the cases in paragraphs (a) to (d), any reference in this section or section 153B to the default date is a reference to the end of the period referred to in the paragraph in question or, if it is later, the day appointed for the coming into force of section 124 of the Housing Act 1988. (2) An initial notice of delay— (a) shall specify the most recent action of which the tenant is aware which has been taken by the landlord pursuant to this Part of this Act; and (b) shall specify a period (in this section referred to as “the response period”), not being less than one month, beginning on the date of service of the notice, within which the. service by the landlord of a counter notice under subsection (3) will have the effect of cancelling the initial notice of delay. (3) Within the response period specified in an initial notice of delay or at any time thereafter, the landlord may serve on the tenant a counter notice in either of the following circumstances— (a) if the initial notice specifies any of the cases in paragraphs (a) to (d) of subsection (1) and the landlord has served, or is serving together with the counter notice, the required notice under section 124, section 125, section 146 or section 147, as the case may be; or (b) if the initial notice specifies the case in subsection (1)(e) and there is no action under this Part which, at the beginning of the response period, it was for the landlord to take in order to allow the tenant expeditiously to exercise his right to buy or his right to be granted a shared ownership lease and which remains to be taken at the time of service of the counter notice. (4) A counter notice under subsection (3) shall specify the circumstances by virtue of which it is served. (5) At any time when— (a) the response period specified in an initial notice of delay has expired, and (b) the landlord has not served a counter notice under subsection (3), the tenant may serve on the landlord a notice (in this section and section153B referred to as an “operative notice of delay”) which shall state that section 153B will apply to payments of rent made by the tenant on or after the default date or, if the initial notice of delay specified the case in subsection (1)(e), the date of the service of the notice. (6) If, after a tenant has served an initial notice of delay, a counter notice has been served under subsection (3), then, whether or not the tenant has also served an operative notice of delay, if any of the cases in subsection (1) again arises, the tenant may serve a further initial notice of delay and the provisions of this section shall apply again accordingly. (153B) (1) Where a secure tenant has served on his landlord an operative notice of delay, this section applies to any payment of rent which is made on or after the default date or, as the case may be, the date of the service of the notice and before the occurrence of any of the following events (and, if more than one event occurs, before the earliest to occur— (a) the service by the landlord of a counter notice under section 153A(3); (b) the date on which the landlord makes to the tenant the grant required by section 138 or, as the case may be, section 150; (c) the date on which the tenant serves notice under section 142(2) (claiming to be entitled to defer completion); (d) the date on which the tenant withdraws or is deemed to have withdrawn the notice claiming to exercise the right to buy or, as the case may be, the notice claiming to exercise the right to be granted a shared ownership lease; and (e) the date on which the tenant ceases to be entitled to exercise the right to buy. (2) Except where this section ceases to apply on a date determined under any of paragraphs (c) to (e) of subsection (1), so much of any payment of rent to which this section applies as does not consist of— (a) a sum due on account of rates, or (b) a service charge (as defined in section 62 1 A), shall be treated not only as a payment of rent but also as a payment on account by the tenant which is to be taken into account in accordance with subsection (3). (3) In a case where subsection (2) applies, the amount which, apart from this section, would be the purchase price or, as the case may be, the tenant’s initial contribution for the grant of a shared ownership lease shall be reduced by an amount equal to the aggregate of— (a) the total of any payments on account treated as having been paid by the tenant by virtue of subsection (2); and (b) if those payments on account are derived from payments of rent referable to a period of more than twelve months, a sum equal to the appropriate percentage of the total referred to in paragraph (a). (4) In subsection (3)(b) “the appropriate percentage” means 50 per cent. or such other percentage as may be prescribed.

Restriction on letting etc. of certain houses in National Parks etc

125

and (b) there will be no disposal by way of tenancy or licence without the written consent of the authority unless the disposal is to a person satisfying that condition or by a person whose only or principal home is and, throughout the duration of the tenancy or licence, remains the house

.

and, so far as it relates to disposals by way of tenancy or licence, such a covenant may be enforced by the local authority as if— (a) the authority were possessed of land adjacent to the house concerned; and (b) the covenant were expressed to be made for the benefit of such adjacent land

.

(4A) Any reference in the preceding provisions of this section to a disposal by way of tenancy or licence does not include a reference to a relevant disposal or an exempted disposal.

Restriction on disposal of dwelling-houses in National Parks etc. acquired under the right to buy

126

and— (b) there will be no disposal by way of tenancy or licence without the written consent of the landlord unless the disposal is to a person satisfying that condition or by a person whose only or principal home is and, throughout the duration of the tenancy or licence, remains the dwelling-house

.

and, so far as it relates to disposals by way of tenancy or licence, such a covenant may be enforced by the landlord as if— (a) the landlord were possessed of land adjacent to the house concerned; and (b) the covenant were expressed to be made for the benefit of such adjacent land

.

(6A) Any reference in the preceding provisions of this section to a disposal by way of tenancy or licence does not include a reference to a relevant disposal or an exempted disposal.

Preserved right to buy

127

(a) where the former secure tenancy was not a joint tenancy and, immediately before his death, the former secure tenant was tenant under an assured tenancy of a dwelling-house in relation to which he had the preserved right to buy, a member of the former secure tenant’s family who acquired that assured tenancy under the will or intestacy of the former secure tenant; (aa) where the former secure tenancy was not a joint tenancy, a member of the former secure tenant’s family to whom the former secure tenant assigned his assured tenancy of a dwelling-house in relation to which, immediately before the assignment, he had the preserved right to buy

.

(5) The disapplication by the regulations of paragraph I of Schedule 5 shall not be taken to authorise any action on the part of a charity which would conflict with the trusts of the charity.

Preservation of right to buy on disposal to private sector landlord: Scotland

128

After section 81 of the Housing (Scotland) Act 1987 there shall be inserted the following section—

(81A) (1) The right to buy provisions shall continue to right to buy on apply where a person ceases to be a secure tenant of a disposal to house by reason of the disposal by the landlord of an private sector interest in the house to a private sector landlord. (2) The right to buy provisions shall not, however, continue to apply under subsection (1) in such circumstances as may be prescribed. (3) The continued application under subsection (1) of the right to buy provisions shall be in accordance with and subject to such provision as is prescribed which may— (a) include— (i) such additions and exceptions to, and adaptations and modifications of, the right to buy provisions in their continued application by virtue of this section; and (ii) such incidental, supplementary and transitional provisions; as the Secretary of State considers appropriate; (b) differ as between different cases or descriptions of case and as between different areas; (c) relate to a particular disposal. (4) Without prejudice to the generality of subsection (3), provision may be made by virtue of it— (a) specifying the persons entitled to the benefit of the right to buy provisions in their continued application by virtue of this section; (b) preventing, except with the consent of the Secretary of State, the disposal by the private sector landlord of less than his whole interest in a house in relation to which the right to buy provisions continue to apply by virtue of this section; (c) ensuring that where, under Ground 9 of Schedule 5 to the Housing (Scotland) Act 1988 (availability of suitable alternative accommodation), the sheriff makes an order for possession of a house in relation to which the right to buy provisions continue to apply by virtue of this section and the tenant would not have the right under this Part (other than this section) to buy the house which is or will be available by way of alternative accommodation, these provisions as so continued will apply in relation to the house which is or will be so available. (5) In this section— (a) “secure tenant” means a tenant under a secure tenancy; (b) “private sector landlord” means a landlord other than one of those set out in sub-paragraphs (i) to (iv) and (viii) and (ix) of paragraph (a) of subsection (2) of section 61; (c) the “right to buy provisions” means the provisions of this Act relating to the right of a tenant of a house to purchase it under this Part and to his rights in respect of a loan.

Schemes for payments to assist local housing authority tenants to obtain other accommodation

129

Repair notices and improvement grants

Repair notices

130

Letting conditions applicable to improvement grants etc

131

in paragraph (a) after the word “holiday” there shall be inserted “on a tenancy which is not a long tenancy and”.

there shall be inserted “or is occupied under an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988”.

(1A) Paragraphs (d) to (f) of subsection (1) do not apply in the case of a dwelling which is or is to be let or available for letting on an assured tenancy.

(aa) “assured tenancy” means a tenancy which is an assured tenancy within the meaning of Part I of the Housing Act 1988 or would be such a tenancy if paragraphs 3, 6, 7 and 10 of Schedule 1 to that Act were omitted

.

long tenancy section 115

.

the certificate shall be treated as if it were in a form which takes account of the amendments made by those subsections.

the condition or conditions shall have effect as if it or they were in a form which takes account of the amendments made by subsection (3) or, as the case may be, subsections (4) and (5) above.

Disposals of housing stock

Consents to disposals of housing stock and application of receipts

132

(4A) The matters to which the Secretary of State may have regard in determining whether to give consent and, if so, to what conditions consent should be subject shall include— (a) the extent (if any) to which the person to whom the proposed disposal is to be made (in this subsection referred to as “the intending purchaser”) is, or is likely to be, dependent upon, controlled by or subject to influence from the local authority making the disposal or any members or officers of that authority; (b) the extent (if any) to which the proposed disposal would result in the intending purchaser becoming the predominant or a substantial owner in any area of housing accommodation let on tenancies or subject to licences; (c) the terms of the proposed disposal; and (d) any other matters whatsoever which he considers relevant. (4B) Where the Secretary of State gives consent to a disposal by a local authority, he may give directions as to the purpose for which any capital money received by the authority in respect of the disposal is to be applied and, where any such directions are given, nothing in any enactment shall require his consent to be given for the application of the capital money concerned in accordance with the directions.

Consent required for certain subsequent disposals

133

this section (including, where there is more than one such passing or transfer, this subsection) shall apply as if the other person to whom the land or house passes or is transferred were the person who acquired it on the original disposal.

and, accordingly, subsection (5) does not apply in either case.

and the instrument effecting the original disposal contains the statement required by subsection (3)(d) above, he shall enter in the register a restriction reflecting the limitation under this section on subsequent disposal.

Consent required for certain subsequent disposals: Scotland

134

In Part I of the Housing (Scotland) Act 1987 (provision of housing) after section 12 there shall be inserted the following section—

(12A) (1) Where a person acquires any land or house from a local authority under section 12(1)(c) or (d) above and the consent of the Secretary of State is required under section 12(7) above to the local authority’s disposal of the land or house to that person, that person shall not dispose of the land or house without the consent in writing of the Secretary of State. (2) Any consent for the purposes of subsection (1) above may be given either in respect of a particular disposal or in respect of disposals of any class or description (including disposals in particular areas) and either unconditionally or subject to conditions. (3) Before giving any consent for the purposes of subsection (1) above, the Secretary of State— (a) shall satisfy himself that the person who is seeking the consent has taken appropriate steps to consult every tenant of any land or house proposed to be disposed of; and (b) shall have regard to the responses of any such tenants to that consultation. (4) The consent of Scottish Homes under section 9 of the Housing Associations Act 1985 (control of dispositions) is not required for any disposal, or disposals of any class or description, in respect of which consent is given under subsection (1) above. (5) In this section references to disposing of property include references to— (a) granting or disposing of any interest in property; (b) entering into a contract to dispose of property or to grant or dispose of any such interest; and (c) granting an option to acquire property or any such interest.

Consultation before disposal: Scotland

135

(81B) The provisions of Schedule 6A have effect with respect to the duties of— (a) a local authority proposing to dispose of houses let on secure tenancies; (b) the Secretary of State in considering whether to give his consent under section 12(7) to such a disposal, to have regard to the views of tenants liable as a result of the disposal to cease to be secure tenants (that is to say, tenants under secure tenancies).

Application of capital money to meet costs of disposals of land

136

Codes of practice

Codes of practice in field of rented housing

137

(c) the elimination of discrimination in the field of housing let on tenancies or occupied under licences ( “the field of rented housing”); (d) the promotion of equality of opportunity in the field of rented housing between persons of different racial groups

.

(3A) In the course of preparing any draft code of practice relating to the field of rented housing for eventual publication under subsection (2) the Commission shall consult with such organisations or bodies as appear to the Commission to be appropriate having regard to the content of the draft code.

Supplementary

Financial provisions

138

Application to Isles of Scilly

139

Amendments and repeals

140

Short title, commencement and extent

141

SCHEDULE 1

Part I — The Tenancies

Tenancies entered into before commencement

1

A tenancy which is entered into before, or pursuant to a contract made before, the commencement of this Act.

Tenancies of dwelling-houses with high rateable values

2

Tenancies at a low rent

3

A tenancy under which for the time being no rent is payable.

Business tenancies

4

A tenancy to which Part II of the Landlord and Tenant Act 1954 applies (business tenancies).

Licensed premises

5

A tenancy under which the dwelling-house consists of or comprises premises licensed for the sale of intoxicating liquors for consumption on the premises.

Tenancies of agricultural land

6

Tenancies of agricultural holdings etc.

7

Lettings to students

8

Holiday lettings

9

A tenancy the purpose of which is to confer on the tenant the right to occupy the dwelling-house for a holiday.

Resident landlords

10

Crown tenancies

11

Local authority tenancies etc.

12

Transitional cases

13

Part II — Rateable Values

14
15

Where, after the time at which the rateable value of a dwelling-house is material for the purposes of any provision of Part I of this Schedule, the valuation list is altered so as to vary the rateable value of the hereditament of which the dwelling-house consists (in whole or in part) or forms part and the alteration has effect from that time or from an earlier time, the rateable value of the dwelling-house at the material time shall be ascertained as if the value shown in the valuation list at the material time had been the value shown in the list as altered.

16

Paragraphs 14 and 15 above apply in relation to any other land which, under section 2 of this Act, is treated as part of a dwelling-house as they apply in relation to the dwelling-house itself.

Part III — Provisions for Determining Application of Paragraph 10 (Resident Landlords)

17

whichever is the earlier; and

18

the condition in paragraph 10(1)(c) shall be deemed to be fulfilled and accordingly, no part of that period shall be disregarded by virtue of paragraph 17 above.

19

In any case where—

the condition in paragraph 10(1)(b) above shall be deemed to be fulfilled with respect to the new tenancy.

20
21

Throughout any period which, by virtue of paragraph 17 or paragraph 18(2) above, falls to be disregarded for the purpose of determining whether the condition in paragraph 10(1)(c) is fulfilled with respect to a tenancy, no order shall be made for possession of the dwelling-house subject to that tenancy, other than an order which might be made if that tenancy were or, as the case may be, had been an assured tenancy.

22

For the purposes of paragraph 10 above, a building is a purpose-built block of flats if as constructed it contained, and it contains, two or more flats; and for this purpose “flat” means a dwelling-house which—

SCHEDULE 2

Part I — Grounds on which Court must order possession

Ground 1

Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)—

Ground 2

The dwelling-house is subject to a mortgage granted before the beginning of the tenancy and—

and for the purposes of this ground “mortgage” includes a charge and “mortgagee” shall be construed accordingly.

Ground 3

The tenancy is a fixed term tenancy for a term not exceeding eight months and—

Ground 4

The tenancy is a fixed term tenancy for a term not exceeding twelve months and—

Ground 5

The dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office and—

Ground 6

The landlord who is seeking possession or, if that landlord is a registered housing association or charitable housing trust, a superior landlord intends to demolish or reconstruct the whole or a substantial part of the dwelling-house or to carry out substantial works on the dwelling-house or any part thereof or any building of which it forms part and the following conditions are fulfilled—

For the purposes of this ground, if, immediately before the grant of the tenancy, the tenant to whom it was granted or, if it was granted to joint tenants, any of them was the tenant or one of the joint tenants under an earlier assured tenancy of the dwelling-house concerned, any reference in paragraph (b) above to the grant of the tenancy is a reference to the grant of that earlier assured tenancy.

For the purposes of this ground “registered housing association” has the same meaning as in the Housing Associations Act 1985 and “charitable housing trust” means a housing trust, within the meaning of that Act, which is a charity, within the meaning of the Charities Act 1960.

Ground 7

The tenancy is a periodic tenancy (including a statutory periodic tenancy) which has devolved under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant or, if the court so directs, after the date on which, in the opinion of the court, the landlord or, in the case of joint landlords, any one of them became aware of the former tenant’s death.

For the purposes of this ground, the acceptance by the landlord of rent from a new tenant after the death of the former tenant shall not be regarded as creating a new periodic tenancy, unless the landlord agrees in writing to a change (as compared with the tenancy before the death) in the amount of the rent, the period of the tenancy, the premises which are let or any other term of the tenancy.

Ground 8

Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—

and for the purpose of this ground “rent” means rent lawfully due from the tenant.

Part II — Grounds on which Court may Order Possession

Ground 9

Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.

Ground 10

Some rent lawfully due from the tenant—

Ground 11

Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.

Ground 12

Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.

Ground 13

The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or neglect or default of, the tenant or any other person residing in the dwelling-house and, in the case of an act of waste by, or neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

For the purpose of the ground, “common parts” means any part of a building comprising the dwelling-house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling-houses in which the landlord has an estate or interest.

Ground 14

The tenant or any other person residing in the dwelling-house has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers, or has been convicted of using the dwelling-house or allowing the dwelling-house to be used for immoral or illegal purposes.

Ground 15

The condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any other person residing in the dwelling-house and, in the case of ill-treatment by a person lodging with the tenant or by a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

Ground 16

The dwelling-house was let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment.

Part III — Suitable Alternative Accommodation

1

For the purposes of Ground 9 above, a certificate of the local housing authority for the district in which the dwelling-house in question is situated, certifying that the authority will provide suitable alternative accommodation for the tenant by a date specified in the certificate, shall be conclusive evidence that suitable alternative accommodation will be available for him by that date.

2

Where no such certificate as is mentioned in paragraph I above is produced to the court, accommodation shall be deemed to be suitable for the purposes of Ground 9 above if it consists of either—

and, in the opinion of the court, the accommodation fulfils the relevant conditions as defined in paragraph 3 below.

3

that if any furniture was provided for use under the assured tenancy in question, furniture is provided for use in the accommodation which is either similar to that so provided or is reasonably suitable to the needs of the tenant and his family.

shall be conclusive evidence of the facts so stated.

4

Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of Part X of the Housing Act 1985.

5

Any document purporting to be a certificate of a local housing authority named therein issued for the purposes of this Part of this Schedule and to be signed by the proper officer of that authority shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof.

6

In this Part of this Schedule “local housing authority” and “district”, in relation to such an authority, have the same meaning as in the Housing Act 1985.

Part IV — Notices Relating to Recovery of Possession

7

Any reference in Grounds I to 5 in Part I of this Schedule or in the following provisions of this Part to the landlord giving a notice in writing to the tenant is, in the case of joint landlords, a reference to at least one of the joint landlords giving such a notice.

8
9

Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground I in Part I of this Schedule, the reference in paragraph (b) of that ground to the reversion on the tenancy is a reference to the reversion on the earlier tenancy and on any later tenancy falling within paragraph 8(2) above.

10

Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground 3 or Ground 4 in Part I of this Schedule, any second or subsequent tenancy in relation to which the notice has effect shall be treated for the purpose of that ground as beginning at the beginning of the tenancy in respect of which the notice was actually given.

11

Any reference in Grounds 1 to 5 in Part I of this Schedule to a notice being given not later than the beginning of the tenancy is a reference to its being given not later than the day on which the tenancy is entered into and, accordingly, section 45(2) of this Act shall not apply to any such reference.

SCHEDULE 3

Interpretation

1

The conditions

2

The agricultural worker condition is fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence if—

3

only that one of those members of the family who may be decided by agreement or, in default of agreement by the county court, shall be the qualifying member.

4

The agricultural worker condition is also fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence if—

and the reference in paragraph (a) above to a tenancy or licence granted to the occupier or at least one of joint occupiers includes a reference to the case where the grant is to him together with one or more other persons.

5

and the reference in paragraph (b) above to the grant of the later tenancy or licence to the person mentioned in that paragraph includes a reference to the case where the grant is to that person together with one or more other persons.

SCHEDULE 4

Part I — Amendments of Schedule 1 to Rent Act 1977

1

In paragraph 1 the words “or, as the case may be, paragraph 3” shall be omitted.

2

At the end of paragraph 2 there shall be inserted the following sub-paragraphs—

(2) For the purposes of this paragraph, a person who was living with the original tenant as his or her wife or husband shall be treated as the spouse of the original tenant. (3) If, immediately after the death of the original tenant, there is, by virtue of sub-paragraph (2) above, more than one person who fulfils the conditions in sub-paragraph (1) above, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be treated as the surviving spouse for the purposes of this paragraph.

3

In paragraph 3—

(2) If the original tenant died within the period of 18 months beginning on the operative date, then, for the purposes of this paragraph, a person who was residing in the dwelling-house with the original tenant at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the original tenant for the period of 2 years immediately before his death.

4

In paragraph 4 the words “or 3” shall be omitted.

5

In paragraph 5—

6

For paragraph 6 there shall be substituted the following paragraph—

(6) (1) Where a person who— (a) was a member of the original tenant’s family immediately before that tenant’s death, and (b) was a member of the first successor’s family immediately before the first successor’s death, was residing in the dwelling-house with the first successor at the time of, and for the period of 2 years immediately before, the first successor’s death, that person or, if there is more than one such person, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be entitled to an assured tenancy of the dwelling-house by succession. (2) If the first successor died within the period of 18 months beginning on the operative date, then, for the purposes of this paragraph, a person who was residing in the dwelling-house with the first successor at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the first successor for the period of 2 years immediately before his death.

7

Paragraph 7 shall be omitted.

8

In paragraph 10(1)(a) for the words “paragraphs 6 or 7” there shall be substituted “ “paragraph 6 ”.

9

At the end of paragraph 11 there shall be inserted the following paragraph—

(11A) In this Part of this Schedule “the operative date” means the date on which Part I of the Housing Act 1988 came into force.

Part II — Amendments of Section 4 of Rent (Agriculture) Act 1976

10

In subsection (2) the words “or, as the case may be, subsection (4)” shall be omitted.

11

In subsection (4)—

12

In subsection (5) for the words “subsections (1), (3) and (4)” there shall be substituted “ “subsections (1) and (3) ” and after that subsection there shall be inserted the following subsections—

(5A) For the purposes of subsection (3) above, a person who was living with the original occupier as his or her wife or husband shall be treated as the spouse of the original occupier and, subject to subsection (5B) below, the references in subsection (3) above to a widow and in subsection (4) above to a surviving spouse shall be construed accordingly. (5B) If, immediately after the death of the original occupier, there is, by virtue of subsection (5A) above, more than one person who fulfils the conditions in subsection (3) above, such one of them as may be decided by agreement or, in default of agreement by the county court, shall be the statutory tenant by virtue of that subsection. (5C) If the original occupier died within the period of 18 months beginning on the operative date, then, for the purposes of subsection (3) above, a person who was residing in the dwelling-house with the original occupier at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the original occupier for the period of 2 years immediately before his death; and in this subsection “the operative date” means the date on which Part I of the Housing Act 1988 came into force.

Part III — Modifications of Section 7 and Schedule 2

13
14

If by virtue of section 39(8) of this Act, the assured tenancy to which the successor becomes entitled is an assured agricultural occupancy, section 7 of this Act shall have effect in relation to that tenancy as if in subsection (3) after the word “established” there were inserted the words “ “or that the circumstances are as specified in Case XI or Case XII of the Rent (Agriculture) Act 1976 ”.

15

SCHEDULE 5

Status

1

and its property shall not be regarded as property of, or held on behalf of, the Crown.

Membership

2

and the members appointed under paragraph (a) above are in this Schedule referred to as the “appointed members”.

3

Chairman and Deputy Chairman

4

Remuneration and allowances

5

Pensions

6

Staff

7
8
9
10

. . . he shall not be treated for the purposes of any scheme under section 24 of the Superannuation Act 1972 or any other scheme as having been retired on redundancy.

he shall be treated for all purposes as if the offer mentioned in paragraph 9 above had not been made.

11

Proceedings

12
13
14

SCHEDULE 6

Part I — Amendments of Part I with Respect to the Housing Corporation, Housing for Wales and Scottish Homes

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

(1) Subject to section 10 and sections 81(7), 105(6) and 133(7) of the Housing Act 1988, the consent of the Corporation is required for any disposition of land by a registered housing association. (1A) Subject to section 10, the consent of the relevant Corporation is required for any disposition of grant-aided land (as defined in Schedule 1) by an unregistered housing association; and for this purpose “the relevant Corporation” means,— (a) if the land is in England, the Housing Corporation; (b) if the land is in Scotland, Scottish Homes, and (c) if the land is in Wales, Housing for Wales.

(6) References in this section to consent are references,— (a) in the case of the Housing Corporation or Housing for Wales, to consent given by order under the seal of the Corporation; and (b) in the case of Scottish Homes, to consent in writing.

8

before making an order in such a case the Charity Commissioners shall consult,— (a) in the case of dispositions of land in England, the Housing Corporation; (b) in the case of dispositions of land in Scotland, Scottish Homes; and (c) in the case of dispositions of land in Wales, Housing for Wales.

or (c) a letting of land under an assured tenancy or an assured agricultural occupancy, or (d) a letting of land in England or Wales under what would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8 of Schedule 1 to the Housing Act 1988, or (e) a letting of land in Scotland under what would be an assured tenancy but for any of paragraphs 3 to 8 and 12 of Schedule 4 to the Housing (Scotland) Act 1988.

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

In section 33 (recognition of central association), in subsection (1) after “housing associations” there shall be inserted “in Great Britain or in any part of Great Britain”.

24

After section 33 there shall be inserted the following section—

(33A) Any of the Corporations may enter into an agreement with the others or either of them for the provision of services of any description by the one to the other or others on such terms, as to payment or otherwise, as the parties to the agreement consider appropriate.

25

In section 39 (minor definitions) before the definition of “mental disorder” there shall be inserted—

“assured tenancy” has, in England and Wales, the same meaning as in Part I of the Housing Act 1988 and, in Scotland, the same meaning as in Part II of the Housing (Scotland) Act 1988; “assured agricultural occupancy” has the same meaning as in Part I of the Housing Act 1988.

26

In section 40 (index of defined expressions in Part I)—

“assured agricultural occupancy” section 39 “assured tenancy” section 39

;

Part II — Amendments of Part II with Respect to the Housing Corporation and Housing for Wales

27

(2A) In this section “the Corporations” means the Housing Corporation and Housing for Wales

.

28

(2A) In the case of an agreement under which rights and obligations have been transferred to Housing for Wales, the reference to a party to the agreement includes a reference to Housing for Wales.

29

In section 69A (land subject to housing management agreement) for the words “housing association grant, revenue deficit grant or hostel deficit grant” there shall be substituted “grant under section 50 (housing association grant) or section 51 (revenue deficit grant) of the Housing Act 1988”.

30

Part III — Amendments of Part III with Respect to the Housing Corporation and Housing for Wales

31

(3) In this Part “registered housing association” in relation to the Corporation, means a housing association registered in the register maintained by the Corporation. (4) In this Part,— (a) in relation to land in Wales held by an unregistered housing association, “the Corporation” means Housing for Wales; and (b) in relation to land outside Wales held by such an association, “the Corporation” means the Housing Corporation.

32

In section 75 (general functions), in subsection (1)(c) for the words “a register of housing associations” there shall be substituted “the register of housing associations referred to in section 3”.

33

At the end of section 77 (advisory service) there shall be added the following subsection—

(3) The powers conferred on the Corporation by subsections (1) and (2) may be exercised by the Housing Corporation and Housing for Wales acting jointly

.

34

(3A) The aggregate amount outstanding in respect of— (a) loans for which Housing for Wales has given a guarantee under this section, and (b) payments made by Housing for Wales in meeting an obligation arising by virtue of such a guarantee and not repaid to Housing for Wales, shall not exceed £30 million or such greater sum not exceeding £50 million as the Secretary of State may specify by order made with the approval of the Treasury

.

35

(2A) The limit referred to in subsection (2) is,— (a) in the case of the Housing Corporation, £2,000 million or such greater sum not exceeding £3,000 million as the Secretary of State may specify by order made with the consent of the Treasury; and (b) in the case of Housing for Wales, £250 million or such greater sum not exceeding £300 million as the Secretary of State may specify by order made with the consent of the Treasury.

36

In section 106(1) (minor definitions: general) for the definition of “housing activities” there shall be substituted the following—

“housing activities”, in relation to a registered housing association, means all its activities in pursuance of such of its purposes, objects or powers as are of a description mentioned in section 1(1) (a) or subsections (2) to (4) of section 4.

37

In Schedule 6, paragraph 3(3)(b) shall be omitted.

SCHEDULE 7

Members

1

A housing action trust (in this Schedule referred to as a “trust”) shall consist of a chairman and such number of other members (not less than five but not exceeding eleven) as the Secretary of State may from time to time appoint.

2
3

Subject to the following provisions of this Schedule, each member of the trust as such and the chairman and deputy chairman as such shall hold and vacate office in accordance with his appointment.

4

If the chairman or deputy chairman ceases to be a member of the trust, he shall also cease to be chairman or deputy chairman, as the case may be.

5

Any member of the trust may, by notice in writing addressed to the Secretary of State, resign his membership; and the chairman or deputy chairman may, by like notice, resign his office as such.

6

If the Secretary of State is satisfied that a member of the trust (including the chairman or deputy chairman)—

the Secretary of State may remove him from his office.

7

A member of the trust who ceases to be a member or ceases to be chairman or deputy chairman shall be eligible for reappointment.

Remuneration

8

The trust may pay to each member such remuneration and allowances as the Secretary of State may . . . determine.

9

The trust may pay or make provision for paying, to or in respect of any member, such sums by way of pensions, allowances and gratuities as the Secretary of State may . . . determine and, . . ., the Secretary of State may undertake to meet any liabilities arising in respect of such pensions, allowances or gratuities after the dissolution of the trust.

10

Where a person ceases to be a member of a trust and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the trust may make to him payment of such amount as the Secretary of State may . . . determine.

Staff

11
12

Meetings and proceedings

13

The quorum of the trust and the arrangements relating to its meetings shall, subject to any directions given by the Secretary of State, be such as the trust may determine.

14

The validity of any proceedings of the trust shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members.

Instruments, etc.

15

The fixing of the seal of the trust shall be authenticated by the signature of the chairman or of some other member authorised either generally or specially by the trust to act for that purpose.

16

Any document purporting to be a document duly executed under the seal of the trust shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

17

A document purporting to be signed on behalf of a trust shall be received in evidence and shall, unless the contrary is proved, be deemed to be so signed.

House of Commons disqualification

18

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), there shall be inserted at the appropriate place the following entry— “ Any member, in receipt of remuneration, of a housing action trust (within the meaning of Part III of the Housing Act 1988). ”

SCHEDULE 8

Part I — Preliminary

1

Part II — Finance

Financial duties

2

Government grants

3

(2)

The payment may be made on such terms as the Secretary of State (with the approval of the Treasury) provides.

Borrowing

4

(4)

The Treasury may issue to the Secretary of State out of the National Loans Fund any sums necessary to enable him to make loans under sub-paragraph (3) above.

above shall be repaid to the Secretary of State at such times and by such methods, and interest on the loans shall be paid to him at such times and at such rates, as he may determine.

above shall be paid into the National Loans Fund.

(7)

References in this paragraph to the Secretary of State are references to him acting with the approval of the Treasury.

Guarantees

5

Assumed debt

6

above shall be paid into the National Loans Fund.

Surplus funds

7

(2)

Any sum received by the Secretary of State under this paragraph shall, subject to sub-paragraph (4) below, be paid into the Consolidated Fund.

(3)

The whole or part of any payment made to the Secretary of State by a trust under sub-paragraph (1) above shall, if the Secretary of State with the approval of the Treasury so determines, be treated as made by way of repayment of such part of the principal of loans under paragraph 4(3) above, and as made in respect of the repayments due at such times, as may be so determined.

above as a repayment of a loan shall be paid by the Secretary of State into the National Loans Fund.

Financial limits

8

Grants and loans: accounts

9

Part III — General Accounts Etc.

Accounts

10

Audit

11

Transmission to Secretary of State

12

As soon as the accounts and statement of accounts of the trust for any financial year have been audited, the trust shall send to the Secretary of State a copy of the statement, together with a copy of any report made by the auditor on the statement or on the accounts.

Reports

13

Information

14

Without prejudice to paragraph 13 above, a trust shall provide the Secretary of State with such information relating to its activities as he may require, and for that purpose shall permit any person authorised by the Secretary of State to inspect and make copies of the accounts, books, documents or papers of the trust and shall afford such explanation of them as that person or the Secretary of State may reasonably require.

SCHEDULE 9

Part I — Provisions Supplementing Section 76(1)—(3)

1

In this Part of this Schedule “the principal section” means section 76 of this Act.

2
3
4

In the principal section and, except where the context otherwise requires, in paragraph 3 above “statutory undertakers” means—

and “statutory undertaking” shall be construed accordingly.

5

An order under any provision of this Part of this Schedule shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part II — Modifications of Enactments

Land Compensation Act 1961

6

The Land Compensation Act 1961 shall have effect in relation to orders under section 76 of this Act subject to the modifications in paragraphs 7 to 11 below.

7

References to the date of service of a notice to treat shall be treated as references to the date on which an order under section 76 of this Act comes into force.

8

Section 17(2) shall be treated as if for the words “the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority” there were substituted the words “an order under section 76 of the Housing Act 1988 vesting the land in which the interest subsists in a housing action trust has come into force, or an agreement has been made for the sale of the interest to such a trust”.

9

In section 22—

or (cc) where an order has been made under section 76 of the Housing Act 1988 vesting the land in which the interest subsists in a housing action trust

; and

10

Any reference to a notice to treat in section 39(2) shall be treated as a reference to an order under section 76 of this Act.

11

In Schedule 2, paragraph 1(2) shall be treated as if at the end there were added the following paragraph—

(k) an acquisition by means of an order under section 76 of the Housing Act 1988 vesting land in a housing action trust.

Compulsory Purchase (Vesting Declarations) Act 1981

12

SCHEDULE 10

Part I — Modifications of Acquisition of Land Act 1981

1

The Acquisition of Land Act 1981 (in this Part referred to as “the 1981 Act”) shall apply in relation to the compulsory acquisition of land under section 77 of this Act with the modifications made by this Part of this Schedule.

2

he may confirm the order so far as it relates to the land mentioned in paragraph (a) above, and give directions postponing the consideration of the order, so far as it relates to any other land specified in the directions, until such time as may be so specified.

3

The reference in section 17(3) of the 1981 Act to statutory undertakers includes a reference to a housing action trust.

Part II — Land: Supplementary

Extinguishment of rights over land

4

Power to override easements

5

Consecrated land and burial grounds

6

Open spaces

7

Displacement of persons

8

If the Secretary of State certifies that possession of a house which has been vested in or acquired by a housing action trust for the purposes of Part III of this Act and is for the time being held by that trust for the purposes for which it was acquired, is immediately required for those purposes, nothing in the Rent (Agriculture) Act 1976 or the Rent Act 1977 or this Act shall prevent that trust from obtaining possession of the house.

Extinguishment of public rights of way

9

and shall serve a like notice—

10

Telegraphic lines

11

Statutory undertakers

12

the trust, if satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus, is necessary for the purpose of carrying out any development, may serve on the statutory undertakers a notice stating that, at the end of the period of 28 days from the date of service of the notice or such longer period as may be specified therein, the right will be extinguished or requiring that, before the end of that period, the apparatus shall be removed.

13

and the Ministers may then, if they think fit, make the order in accordance with the application either with or without modification.

14

the undertakers may serve on the trust a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.

15
16

shall publish, in such form and manner as may be directed by the Secretary of State and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, and shall also, if it is so directed by the Secretary of State and the appropriate Minister, serve a like notice on such persons, or persons of such classes, as may be so directed.

17
18

Interpretation

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — Acquisition of Rights

20
21

(7) (1) In assesssing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent, if any, to which the value of the land over which the right is purchased is depreciated by the purchase but also to the damage, if any, to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right. (2) The modifications subject to which subsection (1) of section 44 of the Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that for the words “land is acquired or taken” there shall be substituted the words “a right over land is purchased” and for the words “acquired or taken from him” there shall be substituted the words “over which the right is exercisable”.

22

For section 8 of the 1965 Act (which relates to cases in which a vendor cannot be required to sell part only of a building or garden) there shall be substituted the following—

(8) (1) Where in consequence of the service on a person in pursuance of section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (hereafter in this subsection referred to as “the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Lands Tribunal (hereafter in this section referred to as “the Tribunal”); and (b) before the Tribunal has determined that question the person satisfies the Tribunal that he has an interest which he is able and willing to sell in the whole of the relevant land and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land, or (ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs, the compulsory purchase order to which the notice to treat relates shall, in relation to that person, cease to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the Tribunal directs. (2) Any question as to the extent of the land in which a compulsory purchase order is deemed to authorise the purchase of an interest by virtue of the preceding subsection shall be determined by the Tribunal. (3) Where in consequence of a determination of the Tribunal that it is satisfied as mentioned in subsection (1) of this section a compulsory purchase order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of six weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice. (4) The modifications subject to which subsection (1) of section 58 of the Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to the duty of the Tribunal in determining whether it is satisfied as mentioned in subsection (1) of this section, are that at the beginning of paragraphs (a) and (b) there shall be inserted the words “a right over”, for the word “severance” there shall be substituted the words “right on the whole of the house, building or manufactory or of the house and the park or garden” and for the words “part proposed” and “part is” there shall be substituted respectively the words “right proposed” and “right is”.

23

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.

SCHEDULE 11

Repayment of discount on early disposal

1

Obligation to repay a charge on the house

2

but the housing action trust may at any time by written notice served on an approved lending institution postpone the charge taking effect by virtue of this paragraph to a legal charge securing an amount advanced or further advanced to the purchaser by that institution.

Relevant disposals

3

Exempted disposals

4

Compulsory disposal

5

In this Schedule a “compulsory disposal” means a disposal of property which is acquired compulsorily, or is acquired by a person who has made or would have made, or for whom another person has made or would have made, a compulsory purchase order authorising its compulsory purchase for the purposes for which it is acquired.

Exempted disposals ending obligation under covenants

6

Where there is a relevant disposal which is an exempted disposal by virtue of paragraph 4(1)(d) or paragraph 4(1)(e) above—

Treatment of options

7

For the purpose of this Schedule, the grant of an option enabling a person to call for a relevant disposal which is not an exempted disposal shall be treated as such a disposal made to him.

SCHEDULE 12

Interpretation

1

In this Schedule—

other expressions have the same meaning as in section 104 of this Act.

Acquisitions under section 104(1)(a)

2

Procedures on termination of leases granted under section 104(1)(b)

3

then, notwithstanding anything in section 64 of the Land Registration Act 1925 (production of land certificate), notice of the grant of the right to buy lease may be entered in the register without production of the applicant’s land certificate, but without prejudice to the power of the Chief Land Registrar to compel production of the certificate.

SCHEDULE 13

1

In Part I of the Landlord and Tenant Act 1987 (tenants’ rights of first refusal), in section 2 (landlords for the purposes of Part I), in subsection (1) after “(2)” there shall be inserted “ and section 4(1A) ”.

2

or (d) an assured tenancy or assured agricultural occupancy within the meaning of Part I of the Housing Act 1988

.

3

(1A) Where an estate or interest of the landlord has been mortgaged, the reference in subsection (1) above to the disposal of an estate or interest by the landlord includes a reference to its disposal by the mortgagee in exercise of a power of sale or leasing, whether or not the disposal is made in the name of the landlord; and, in relation to such a proposed disposal by the mortgagee, any reference in the following provisions of this Part to the landlord shall be construed as a reference to the mortgagee.

(aa) a disposal consisting of the creation of an estate or interest by way of security for a loan

.

4

(4) For the purposes of subsection (2) any tenant of a flat contained in the premises in question who is a body corporate shall be treated as the tenant of any other flat so contained and let to an associated company, as defined in section 20(1).

5

In Part IV of that Act (variation of leases), for subsections (6) and (7) of section 35 (which make provision about long leases) there shall be substituted the following subsection—

(6) For the purposes of this Part a long lease shall not be regarded as a long lease of a flat if— (a) the demised premises consist of or include three or more flats contained in the same building; or (b) the lease constitutes a tenancy to which Part II of the Landlord and Tenant Act 1954 applies.

6

In section 40 (application for variation of insurance provisions of lease of dwelling other than a flat) for subsection (4) (which makes provision about long leases) there shall be substituted the following subsections—

(4) For the purpose of this section, a long lease shall not be regarded as a long lease of a dwelling if— (a) the demised premises consist of three or more dwellings; or (b) the lease constitutes a tenancy to which Part II of the Landlord and Tenant Act 1954 applies. (4A) Without prejudice to subsection (4), an application under subsection (1) may not be made by a person who is a tenant under a long lease of a dwelling if, by virtue of that lease and one or more other long leases of dwellings, he is also a tenant from the same landlord of at least two other dwellings. (4B) For the purposes of subsection (4A), any tenant of a dwelling who is a body corporate shall be treated as a tenant of any other dwelling held from the same landlord which is let under a long lease to an associated company, as defined in section 20(1).

7

In Part VII of that Act (general), in section 58 (exempt landlords), in subsection (1) after paragraph (c) there shall be inserted the following paragraph—

(ca) a housing action trust established under Part III of the Housing Act 1988.

SCHEDULE 14

Part I — Amendments of Section 63 of Rent Act 1977

1

In subsection (1), paragraph (b) and the word “and” immediately preceding it shall be omitted.

2

In subsection (2)—

3

After subsection (2) there shall be inserted the following subsection—

(2A) A scheme under this section may make all or any of the following provisions— (a) provision requiring the consent of the Secretary of State to the appointment of rent officers; (b) provision with respect to the appointment of rent officers for fixed periods; (c) provision for the proper officer of the local authority, in such circumstances and subject to such conditions (as to consent or otherwise) as may be specified in the scheme,— (i) to designate a person appointed or to be appointed a rent officer as chief rent officer and to designate one or more such persons as senior rent officers; (ii) to delegate to a person so designated as chief rent officer such functions as may be specified in the scheme; and (iii) to revoke a designation under sub-paragraph (i) above and to revoke or vary a delegation under sub-paragraph (ii) above; (d) provision with respect to the delegation of functions by a chief rent officer to other rent officers (whether designated as senior rent officers or not); (e) provision as to the circumstances in which and the terms on which a rent officer appointed by the scheme may undertake functions outside the area to which the scheme relates in accordance with paragraph (f) below; (f) provision under which a rent officer appointed for an area other than that to which the scheme relates may undertake functions in the area to which the scheme relates and for such a rent officer to be treated for such purposes as may be specified in the scheme (which may include the purposes of paragraphs (c) and (d) above and paragraphs (c) and (d) of subsection (2) above) as if he were a rent officer appointed under the scheme; and (g) provision conferring functions on the proper officer of a local authority with respect to the matters referred to in paragraphs (d) to (f) above.

4

In subsection (3) the words “and deputy rent officers” shall be omitted.

5

In subsection (7)—

(c) incurred in respect of increases of pensions payable to or in respect of rent officers (so appointed) by virtue of the Pensions (Increase) Act 1971

.

Part II — Sections to be Inserted in Rent Act 1977 after Section 64

SCHEDULE 15

1

(1A) Where the local housing authority are satisfied that a dwelling-house which is a flat is unfit for human habitation by reason of the defective condition of a part of the building outside the flat, they shall serve a repair notice on the person having control of that part of the building, unless they are satisfied that the works which would be required to that part are such that the flat is not capable of being rendered so fit at reasonable expense.

(5) A repair notice under this section which has become operative is a local land charge.

2

(1A) Where the local housing authority— (a) are satisfied that a building containing a flat is in such a state of disrepair that, although the flat is not unfit for human habitation, substantial repairs are necessary to a part of the building outside the flat to bring the flat up to a reasonable standard, having regard to its age, character and locality, or (b) are satisfied, whether on a representation made by an occupying tenant or otherwise, that a building containing a flat is in such a state of disrepair that, although the flat is not unfit for human habitation, the condition of a part of the building outside the flat is such as to interfere materially with the personal comfort of the occupying tenant, they may serve a repair notice on the person having control of the part of the building concerned.

to execute the works specified in the notice, not being works of internal decorative repair, and— (a) to begin those works not later than such reasonable date, being not earlier than the seventh day after the notice becomes operative, as is specified in the notice; and (b) to complete those works within such reasonable time as is so specified.

(5) At the end of that section there shall be added the following subsection—

(5) A repair notice under this section which has become operative is a local land charge.

3

(1A) Without prejudice to the generality of subsection (1), it shall be a ground of appeal that some person other than the appellant, being a person who is an owner in relation to the dwelling-house or part of the building concerned, ought to execute the works or pay the whole or part of the cost of executing them.

(3A) Where the grounds on which an appeal is brought are or include that specified in subsection (1A), the appellant shall serve a copy of his notice of appeal on each other person referred to; and on the hearing of the appeal the court may— (a) vary the repair notice so as to require the works to be executed by any such other person; or (b) make such order as it thinks fit with respect to the payment to be made by any such other person to the appellant or, where the works are executed by the local housing authority, to the authority. (3B) In the exercise of its powers under subsection (3A), the court shall take into account, as between the appellant and any such other person as is referred to in that subsection,— (a) their relative interests in the dwelling-house or part of the building concerned (considering both the nature of the interests and the rights and obligations arising under or by virtue of them); (b) their relative responsibility for the state of the dwelling-house or building which gives rise to the need for the execution of the works; and (c) the relative degree of benefit to be derived from the execution of the works. (3C) If, by virtue of the exercise of the court’s powers under subsection (3A), a person other than the appellant is required to execute the works specified in a repair notice, then, so long as that other person continues to be an owner in relation to the premises to which the notice relates, he shall be regarded as the person having control of those premises for the purposes of the following provisions of this Part.

4
5

(2) For the purpose of this Part compliance with the notice means beginning and completing the works specified in the notice,— (a) if no appeal is brought against the notice, not later than such date and within such period as is specified in the notice; (b) if an appeal is brought against the notice and is not withdrawn, not later than such date and within such period as may be fixed by the court determining the appeal; and (c) if an appeal brought against the notice is withdrawn, not later than the twenty-first day after the date on which the notice becomes operative and within such period (beginning on that twenty-first day) as is specified in the notice. (2A) If, before the expiry of the period which under subsection (2) is appropriate for completion of the works specified in the notice, it appears to the local housing authority that reasonable progress is not being made towards compliance with the notice, the authority may themselves do the work required to be done by the notice.

(4) If, after the local housing authority have given notice under section 194 of their intention to enter and do any works, the works are in fact carried out by the person having control of the dwelling-house or part of the building in question, any administrative and other expenses incurred by the authority with a view to doing the works themselves shall be treated for the purposes of Schedule 10 as expenses incurred by them under this section in carrying out works in default of the person on whom the repair notice was served.

6
7

In section 198 (penalty for obstruction), in subsection (2) for the words “level 2” there shall be substituted “level 3”.

8

After section 198 there shall be inserted the following section—

(198A) (1) A person having control of premises to which a repair notice relates who intentionally fails to comply with the notice commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale. (2) The obligation to execute the works specified in the notice continues notwithstanding that the period for completion of the works has expired. (3) Section 193(2) shall have effect to determine whether a person has failed to comply with a notice and what is the period for completion of any works. (4) The provisions of this section are without prejudice to the exercise by the local housing authority of the powers conferred by the preceding provisions of this Part.

9

Sections 199 to 201 (recovery by lessee of proportion of works and provisions as to charging orders) shall cease to have effect.

10

In section 203 (saving for rights arising from breach of covenant, etc.), in subsection (3) for the words “a house” there shall be substituted “any premises”.

11

In section 205 (application of provisions to parts of buildings and temporary or movable structures) paragraph (a) shall be omitted and for the word “house” there shall be substituted “dwelling-house”.

12

“dwelling-house” and “flat” shall be construed in accordance with subsection (2) and “the building”, in relation to a flat, means the building containing the flat

;

subject to section 191(3A),— (a) in relation to a dwelling-house

;

and (b) in relation to a part of a building to which relates a repair notice served under subsection (1A) of section 189 or section 190, means a person who is an owner in relation to that part of the building (or the building as a whole) and who, in the opinion of the authority by whom the notice is served, ought to execute the works specified in the notice

; and

“premises” includes a dwelling-house or part of a building and, in relation to any premises, any reference to a person having control shall be construed accordingly

.

(2) For the purposes of this Part a “dwelling-house” includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it and section 183 shall have effect to determine whether a dwelling-house is a flat.

13

(a) where the works were required by a notice under section 189 or section 190 (repair notices), from the person having control of the dwelling-house or part of the building to which the notice relates; and (b) in any other case, from the person on whom the notice was served; and in the following provisions of this paragraph the person from whom expenses are recoverable by virtue of this sub-paragraph is referred to as “the person primarily liable”.

(1A) Where the demand for recovery of expenses relates to works carried out by virtue of section 193(2A), it shall be a ground of appeal that, at the time the local housing authority gave notice under section 194 of their intention to enter and do the works, reasonable progress was being made towards compliance with the repair notice.

SCHEDULE 16

SCHEDULE 17

Part I — General Amendments

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

1

In section 4 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (recovery of possession of dwelling-houses in default of payment of rent precluded in certain cases) after subsection (2) there shall be inserted the following subsection—

(2A) For the purposes of the foregoing provisions of this Act, a judgment or order for the recovery of possession of a dwelling-house let on an assured tenancy within the meaning of Part I of the Housing Act 1988 shall be regarded as a judgment or order for the recovery of possession in default of payment of rent if the judgment or order was made on any of Grounds 8, 10 and 11 in Schedule 2 to that Act and not on any other ground.

2

For section 16 of that Act (protection of tenure of rented premises by extension of Rent Acts), as it applies otherwise than to Scotland, there shall be substituted the following section—

(16) (1) Subject to subsection (2) of section 14 of this Act and subsection (3) below, if at any time during a service man’s period of residence protection— (a) a tenancy qualifying for protection which is a fixed term tenancy ends without being continued or renewed by agreement (whether on the same or different terms and conditions), and (b) by reason only of such circumstances as are mentioned in subsection (4) below, on the ending of that tenancy no statutory periodic tenancy of the rented family residence would arise, apart from the provisions of this section, Chapter I of Part I of the Housing Act 1988 shall, during the remainder of the period of protection, apply in relation to the rented family residence as if those circumstances did not exist and had not existed immediately before the ending of that tenancy and, accordingly, as if on the ending of that tenancy there arose a statutory periodic tenancy which is an assured tenancy during the remainder of that period. (2) Subject to subsection (2) of section 14 of this Act and subsection (3) below, if at any time during a service man’s period of residence protection— (a) a tenancy qualifying for protection which is a periodic tenancy would come to an end, apart from the provisions of this section, and (b) by reason only of such circumstances as are mentioned in subsection (4) below that tenancy is not an assured tenancy, and (c) if that tenancy had been an assured tenancy, it would not have come to an end at that time, Chapter I of Part I of the Housing Act 1988 shall, during the remainder of the period of protection, apply in relation to the rented family residence as if those circumstances did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise have come to an end. (3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises. (4) The circumstances referred to in subsections (1) and (2) above are any one or more of the following, that is to say,— (a) that the tenancy was entered into before, or pursuant to a contract made before, Part I of the Housing Act 1988 came into force; (b) that the rateable value (as defined for the purposes of that Act) of the premises which are the rented family residence, or of a property of which those premises form part, exceeded the relevant limit specified in paragraph 2 of Schedule 1 to that Act; (c) that the circumstances mentioned in paragraph 3 or paragraph 6 of that Schedule applied with respect to the tenancy qualifying for protection; and (d) that the reversion immediately expectant on the tenancy qualifying for protection belongs to any of the bodies specified in paragraph 12 of that Schedule.

3

For the said section 16, as it applies to Scotland, there shall be substituted the following section—

(16) (1) Subject to subsection (2) of section 14 of this Act and subsection (3) below, if at any time during a service man’s period of residence protection— (a) a tenancy qualifying for protection ends without being continued or renewed by agreement (whether on the same or different terms and conditions), and (b) by reason only of such circumstances as are mentioned in subsection (4) below, on the ending of that tenancy no statutory tenancy of the rented family residence would arise, apart from the provisions of this section, sections 12 to 31 of the Housing (Scotland) Act 1988 shall, during the remainder of the period of protection, apply in relation to the rented family residence as if those circumstances did not exist and had not existed immediately before the ending of that tenancy and, accordingly, as if on the ending of that tenancy there arose a statutory assured tenancy during the remainder of that period. (2) Subject to subsection (2) of section 14 of this Act and subsection (3) below, if at any time during a service man’s period of residence protection— (a) a tenancy qualifying for protection would come to an end, apart from the provisions of this section, (b) by reason only of such circumstances as are mentioned in subsection (4) below that tenancy is not an assured tenancy, and (c) if that tenancy had been an assured tenancy, it would not have come to an end at that time, sections 12 to 31 of the Housing (Scotland) Act 1988 shall, during the remainder of the period of protection, apply in relation to the rented family residence as if those circumstances did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise have come to an end. (3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises. (4) The circumstances referred to in subsections (1) and (2) above are one or more of the following, that is to say— (a) that the circumstances mentioned in paragraph 2 of Schedule 4 to the Housing (Scotland) Act 1988 applied with respect to the tenancy qualifying for protection; (b) that the circumstances mentioned in paragraph 5 of that Schedule applied with respect to the tenancy qualifying for protection; and (c) that the reversion immediately expectant on the tenancy qualifying for protection belongs to any of the bodies specified in paragraph 11 of that Schedule.

4

(2) Where, at any time during a service man’s period of residence protection— (a) a tenancy qualifying for protection which is a periodic tenancy would come to an end, apart from the provisions of this section and section 16 above, and (b) paragraphs (a) and (b) of subsection (1) above apply, section 3 of the Housing Act 1988 shall, during the remainder of the period of protection, apply in relation to the separate accommodation as if the circumstances referred to in subsection (1)(b) above did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise have come to an end. (3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises.

5

(2) Where, at any time during a service man’s period of residence protection— (a) a tenancy qualifying for protection would come to an end, apart from the provisions of this section and section 16 above, and (b) paragraphs (a) and (b) of subsection (1) above apply, section 14 of the Housing (Scotland) Act 1988 shall, during the remainder of the period of protection, apply in relation to the separate accommodation as if the circumstances in subsection (1)(b) above did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise come to an end. (3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises.

6

or (d) is a dwelling-house which is let on or subject to an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 which is not an assured tenancy.

7

For section 19 of that Act (limitation on application of Rent Acts by virtue of sections 16 to 18), as it applies otherwise than to Scotland, there shall be substituted the following section—

(19) Where by virtue of sections 16 to 18 above, the operation of Chapter I of Part I of the Housing Act 1988 in relation to any premises is extended or modified, the extension or modification shall not affect— (a) any tenancy of those premises other than the statutory periodic tenancy which is deemed to arise or, as the case may be, the tenancy which is for any period deemed to be an assured tenancy by virtue of any of those provisions; or (b) any rent payable in respect of a period beginning before the time when that statutory periodic tenancy was deemed to arise or, as the case may be, before that tenancy became deemed to be an assured tenancy; or (c) anything done or omitted to be done before the time referred to in paragraph (b) above.

8

For the said section 19, as it applies to Scotland, there shall be substituted the following section—

(19) Where by virtue of sections 16 to 18 above, the operation of sections 12 to 31 of the Housing (Scotland) Act 1988 in relation to any premises is extended or modified, the extension or modification shall not affect— (a) any tenancy of those premises other than the statutory assured tenancy which is deemed to arise or, as the case may be, the tenancy which is for any period deemed to be an assured tenancy by virtue of any of those provisions; or (b) any rent payable in respect of a period beginning before the time when that statutory assured tenancy was deemed to arise or, as the case may be, before that tenancy became deemed to be an assured tenancy; or (c) anything done or omitted to be done before the time referred to in paragraph (b) above.

9

(b) Chapter I of Part I of the Housing Act 1988 applies in relation to the premises as mentioned in section 18(1) of this Act and a dependant or dependants of the service man is or are living in the premises or in part thereof in right of the statutory periodic tenancy or assured tenancy referred to in section 19(a) of this Act

.

10

(b) sections 12 to 31 of the Housing (Scotland) Act 1988 apply in relation to the premises as mentioned in section 18(1) of this Act and a dependant or dependants of the service man is or are living in the premises or in part thereof in right of the statutory assured tenancy or assured tenancy referred to in paragraph (a) of section 19 of this Act

.

11

In section 22 of that Act (facilities for action on behalf of men serving abroad in proceedings as to tenancies), as it applies otherwise than to Scotland, in subsection (1)—

12

In the said section 22, as it applies to Scotland, in subsection (1),—

13
  • “assured tenancy” has the same meaning as in Part I of the Housing Act 1988

;

  • “fixed term tenancy” means any tenancy other than a periodic tenancy

;

  • in relation to a statutory tenancy or to a provision of the Rent Act 1977 “landlord” and “tenant” have the same meaning as in that Act but, subject to that, those expressions have the same meaning as in Part I of the Housing Act 1988

; and

“statutory periodic tenancy” has the same meaning as in Part I of the Housing Act 1988

.

(1A) Any reference in this Part of this Act to Chapter I of Part I of the Housing Act 1988 includes a reference to the General Provisions of Chapter VI of that Part, so far as applicable to Chapter I.

14
  • “assured tenancy” and “statutory assured tenancy” have the same meaning as in Part II of the Housing (Scotland) Act 1988

;

  • in relation to a statutory tenancy or to a provision of the Rent (Scotland) Act 1984 “landlord” and “tenant” have the same meaning as in that Act but, subject to that, those expressions have the same meaning as in Part II of the Housing (Scotland) Act 1988

.

(1A) Any reference in this Part of this Act to sections 12 to 31 of the Housing (Scotland) Act 1988 includes a reference to sections 47 to 55 of that Act so far as applicable to those sections.

The Leasehold Reform Act 1967

15

In section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes) at the end of subsection (5) (bodies to whom that section applies) there shall be added

and (g) a housing action trust established under Part III of the Housing Act 1988.

16

In section 29 of that Act (reservation of future right to develop) after subsection (6B) there shall be inserted the following subsection—

(6C) Subsections (1) to (4) above shall have effect in relation to a housing action trust as if any reference in those subsections or in Part I of Schedule 4 to this Act to a local authority were a reference to the trust.

17

(f) a housing action trust established under Part III of the Housing Act 1988

.

The Town and Country Planning Act 1971

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Act 1974

19

In section 25 of the Local Government Act 1974 (local government administration: authorities subject to investigation), in subsection (1) after paragraph (bd) there shall be inserted the following paragraph—

(be) any housing action trust established under Part III of the Housing Act 1988

.

The Consumer Credit Act 1974

20

In section 16 of the Consumer Credit Act 1974 (exempt agreements), in subsection (6B), in paragraph (a) after the words “England and Wales,” there shall be inserted “ “the Housing Corporation, Housing for Wales and ”.

The Rent (Agriculture) Act 1976

21

In section 28 of the Rent (Agriculture) Act 1976 (rehousing: duty of housing authority concerned), the following subsection shall be inserted after subsection (14) of that section—

(14A) Notwithstanding anything in section 127(1) of the Magistrates’ Courts Act 1980, an information relating to an offence under this section may be tried if it is laid at any time within two years after the commission of the offence and within six months after the date on which evidence sufficient in the opinion of the housing authority concerned to justify the proceedings comes to its knowledge.

The Rent Act 1977

22

In the Rent Act 1977, sections 68 and 69, Part II of Schedule 11 and Schedule 12 (which provide for applications by a local authority for the determination of a fair rent and make provision about certificates of fair rent) shall cease to have effect except as respects applications made before the commencement of this Act.

23

In section 77 of that Act (which provides for the reference of restricted contracts to rent tribunals by the lessor, the lessee or the local authority) the words “or the local authority” shall be omitted.

24

Section 89 of the Rent Act 1977 (which provides for the phasing of progression to a registered rent in the case of housing association tenancies) and Schedule 8 to that Act (phasing of rent increases: general provisions) shall cease to have effect except with respect to an increase in rent up to, or towards, a registered rent in relation to which the relevant date for the purposes of the said Schedule 8 falls before this Act comes into force.

25

In section 137 of the Rent Act 1977 (effect on sub-tenancy of determination of superior tenancy), in subsection (1) the words “this Part of” shall be omitted.

The Protection from Eviction Act 1977

26

In section 7 of the Protection from Eviction Act 1977 (service of notices), in subsection (3)(c) (certain licensors treated as landlords for the purposes of the section) the words “under a restricted contract (within the meaning of the Rent Act 1977)” shall be omitted.

The Justices of the Peace Act 1979

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government, Planning and Land Act 1980

28

In Schedule 16 to the Local Government, Planning and Land Act 1980 (bodies to whom Part X applies) after paragraph 8 there shall be inserted the following paragraph—

(8A) A housing action trust established under Part III of the Housing Act 1988.

29

In Schedule 28 to the Local Government, Planning and Land Act 1980, in paragraph 10 after the words “Rent Act 1977” there shall be inserted “ “or the Housing Act 1988. ”

The Highways Act 1980

30

In Schedule 6 to the Highways Act 1980, in Part I, in paragraph 1(3)(b)(i) after the words “Rent Act 1977” there shall be inserted “ “and licensees under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 ”.

The New Towns Act 1981

31

In section 22 of the New Towns Act 1981 (possession of houses) after the words “Rent Act 1977” there shall be inserted “ “or Part I of the Housing Act 1988 ”.

The Acquisition of Land Act 1981

32

The Matrimonial Homes Act 1983

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The County Courts Act 1984

35

or (iv) under Part I of the Housing Act 1988

.

(ee) section 7 of the Housing Act 1988, as it applies to the grounds in Part II of Schedule 2 to that Act; or

.

The Matrimonial and Family Proceedings Act 1984

36

In section 22 of the Matrimonial and Family Proceedings Act 1984 (powers of the court in relation to certain tenancies of dwelling-houses), in paragraph (a) after the word “tenancy” there shall be inserted “ “or assured agricultural occupancy ”.

The Local Government Act 1985

37

In section 101 of the Local Government Act 1985 (power by order to make incidental, consequential, etc. provisions) in subsection (1)(b) after second “Act” insert “ “or the Housing Act 1988 ”.

The Housing Act 1985

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40

In section 115 of that Act (meaning of “long tenancy”), in subsection (2)(c) after “1980” there shall be inserted “ “or paragraph 4(2)(b) of Schedule 4A to the Leasehold Reform Act 1967 ”.

41

In section 155 of that Act (repayment of discount on early disposal) after subsection (3) there shall be inserted the following subsection—

(3A) Where a secure tenant has served on his landlord an operative notice of delay, as defined in section 153A,— (a) the three years referred to in subsection (2) shall begin from a date which precedes the date of the conveyance of the freehold or grant of the lease by a period equal to the time (or, if there is more than one such notice, the aggregate of the times) during which, by virtue of section 153B, any payment of rent falls to be taken into account in accordance with subsection (3) of that section; and (b) any reference in subsection (3) (other than paragraph (a) thereof) to the acquisition of the tenant’s initial share shall be construed as a reference to a date which precedes that acquisition by the period referred to in paragraph (a) of this subsection.

42

In section 171F of that Act (subsequent dealings after disposal of dwelling-house to private sector landlord: possession on grounds of suitable alternative accommodation) after “Rent Act 1977” there shall be inserted “ “or on Ground 9 in Schedule 2 to the Housing Act 1988 ”.

43

In section 236 of that Act at the end of subsection (2) (meaning of “occupying tenant”) there shall be added the words

or (e) is a licensee under an assured agricultural occupancy.

44

In section 238 of that Act (index of defined expressions in Part VII) before the entry relating to “clearance area” there shall be inserted— “ assured agricultural occupancysection 622 ”.

45

In section 247 of that Act (notification of certain disposals of land to the local housing authority), in subsection (5) (provision not to apply to certain disposals) after paragraph (c) there shall be inserted the following paragraph—

(ca) the grant of an assured tenancy or assured agricultural occupancy, or of a tenancy which is not such a tenancy or occupancy by reason only of paragraph 10 of Schedule 1 to the Housing Act 1988 (resident landlords) or of that paragraph and the fact that the accommodation which is let is not let as a separate dwelling

.

46

In section 263 of that Act (index of defined expressions in Part VIII) before the entry relating to “clearance area” there shall be inserted—

assured agricultural occupancysection 622 assured tenancysection 622

.

47

In Part IX of that Act (slum clearance) in the following provisions relating to the recovery of possession, namely, sections 264(5), 270(3), 276 and 286(3), after the words “Rent Acts” there shall be inserted “ “or Part I of the Housing Act 1988 ”.

48

In section 309 of that Act (recovery of possession of premises for purposes of approved redevelopment), in paragraph (a) of subsection (1) after the words “the Rent Act 1977)” the following words shall be inserted “ “or let on or subject to an assured tenancy or assured agricultural occupancy ”; and in the words following paragraph (b) of that subsection after the words “section 98(1)(a) of the Rent Act 1977” there shall be inserted “ “or section 7 of the Housing Act 1988 ”.

49

In section 323 of that Act (index of defined expressions in Part IX) before the entry relating to “clearance area” there shall be inserted—

assured agricultural occupancysection 622 assured tenancysection 622

.

50

In section 368 of that Act (means of escape from fire: power to secure that part of house not used for human habitation), in subsection (6) after the words “Rent Acts” there shall be inserted “ “or Part I of the Housing Act 1988 ”.

51

In section 381 of that Act (general effect of control order), in subsection (3) after the words “Rent Acts” there shall be inserted “ “and Part I of the Housing Act 1988 ”.

52

(3A) Section 1(2) of and paragraph 12 of Part I of Schedule 1 to the Housing Act 1988 (which exclude local authority lettings from Part I of that Act) do not apply to a lease or agreement under which a person to whom this section applies is occupying part of the house.

or (c) an assured tenancy or assured agricultural occupancy within the meaning of Part I of the Housing Act 1988

; and for the words “either of those Acts” there shall be substituted “ “any of those Acts ”.

53

In section 400 of that Act (index of defined expressions for Part XI) after the entry relating to “appropriate multiplier” there shall be inserted—

assured tenancysection 622 assured agricultural occupancysection 622

.

54

In section 429A of that Act (housing management: financial assistance etc.) in subsection (2), in paragraph (a) after the words “secure tenancies)” there shall be inserted “ “or subsection (2A) ” and at the end of that subsection there shall be inserted the following subsection—

(2A) Subsection (2)(a) applies to the following bodies— (a) the Housing Corporation; (b) Housing for Wales; (c) a housing trust which is a charity; (d) a registered housing association other than a co-operative housing association; and (e) an unregistered housing association which is a co-operative housing association.

55

In section 434 of that Act (index of defined expressions for Part XIII) there shall be inserted, in the appropriate places in alphabetical order, the following entries—

charitysection 622

co-operative housing associationsection 5(2)

housing associationsection 5(1)

housing trust”section 6

.

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58

In section 459 of that Act (index of defined expressions for Part XIV) after the entry relating to “building society” there shall be inserted—

co-operative housing associationsection 5(2)

.

59

In section 533 of that Act (assistance for owners of defective housing: exceptions to eligibility) after the words “Rent (Agriculture) Act 1976” there shall be inserted “ “or who occupies the dwelling under an assured agricultural occupancy which is not an assured tenancy ”.

60

In section 553 of that Act (effect of repurchase of defective dwellings on certain existing tenancies) in subsection (2)—

(c) the tenancy is not an assured periodic tenancy which, by virtue of section 39(7) of the Housing Act 1988 (successors under the Rent Act 1977), is an assured shorthold tenancy

.

61

(2A) If the authority is a registered housing association, other than a housing co-operative, within the meaning of section 27B, their obligation is to grant a secure tenancy if the individual to whom a tenancy is to be granted— (a) is a person who, immediately before he acquired his interest in the dwelling-house, was a secure tenant of it; or (b) is the spouse or former spouse or widow or widower of a person falling within paragraph (a); or (c) is a member of the family, within the meaning of section 186, of a person falling within paragraph (a) who has died, and was residing with that person in the dwelling-house at the time of and for the period of twelve months before his death.

or (c) an assured tenancy which is neither an assured shorthold tenancy, within the meaning of Part I of the Housing Act 1988, nor a tenancy under which the landlord might recover possession on any of Grounds 1 to 5 in Schedule 2 to that Act.

62

In section 577 of that Act (index of defined expressions for Part XVI) after the entry relating to “associated arrangement” there shall be inserted—

assured agricultural occupancysection 622 assured tenancysection 622

.

63

In section 612 of that Act (exclusion of Rent Act protection) after the words “the Rent Acts” there shall be inserted “ “or Part I of the Housing Act 1988 ”.

64

In section 622 of that Act (definitions: general) before the definition of “bank” there shall be inserted—

“assured tenancy” has the same meaning as in Part I of the Housing Act 1988; “assured agricultural occupancy” has the same meaning as in Part I of the Housing Act 1988

.

65

In Schedule 2 to that Act, in Part IV (grounds for possession: suitability of alternative accommodation) in paragraph 1, at the end of sub-paragraph (b) there shall be added

or (c) which are to be let as a separate dwelling under an assured tenancy which is neither an assured shorthold tenancy, within the meaning of Part I of the Housing Act 1988, nor a tenancy under which the landlord might recover possession under any of Grounds 1 to 5 in Schedule 2 to that Act

.

66

In Schedule 5 to that Act, in paragraph 3, after the entry for section 58(2) of the Housing Associations Act 1985 there shall be inserted the following entries—

section 50 of the Housing Act 1988 (housing association grants), or section 51 of that Act (revenue deficit grants).

The Landlord and Tenant Act 1985

67
68

In section 26 of that Act (tenants of certain public authorities excepted from provisions about service charges etc.) in subsection (3)(c) after the words “Housing Act 1980” there shall be inserted “ “or paragraph 4(2)(b) of Schedule 4A to the Leasehold Reform Act 1967 ”.

The Agricultural Holdings Act 1986

69

or (c) premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy which is not an assured shorthold tenancy (construing those terms in accordance with Part I of the Housing Act 1988), or (d) premises to be let as a separate dwelling on terms which will afford to the tenant security of tenure reasonably equivalent to the security afforded by Chapter I of Part I of that Act in the case of an assured tenancy which is not an assured shorthold tenancy.

(2) Any reference in sub-paragraph (1) above to an assured tenancy does not include a reference to a tenancy in respect of which possession might be recovered on any of Grounds 1 to 5 in Schedule 2 to the Housing Act 1988.

70

In Schedule 5 to that Act (notice to quit where tenant is a service man), in paragraph 2(2)(a) after the words “Rent Act 1977” there shall be inserted “ “or paragraph 7 of Schedule 1 to the Housing Act 1988 ”.

The Drug Trafficking Offences Act 1986

71

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Insolvency Act 1986

73

In section 308 of the Insolvency Act 1986 (vesting in trustee of certain items of excess value), in subsection (1), for the words “the next section” there shall be substituted “ “section 309 ”.

74

In section 335 of that Act (adjustment between earlier and later bankruptcy estates), in subsection (4) after the words “replacement value)” there shall be inserted the words “ “or section 308A (vesting in trustee of certain tenancies) ”.

75

In section 351 of that Act (definitions), in paragraph (a), for the words “or 308” there shall be substituted “ “, section 308 ” and after the words “replacement value)” there shall be inserted “ “or section 308A (vesting in trustee of certain tenancies) ”.

The Social Security Act 1986

76

In section 31 of the Social Security Act 1986 (information relating to housing benefit), in subsection (5) (information as to registered rents), after the words “housing benefit scheme” there shall be inserted “ “(a) ”, and at the end there shall be added

and (b) where a rent is determined under section 14 or section 22 of the Housing Act 1988 or section 25 or section 34 of the Housing (Scotland) Act 1988 (determination of rents by rent assessment committee), the committee shall note in their determination the amount (if any) of the rent which, in the opinion of the committee, is fairly attributable to the provision of services, except where that amount is in their opinion negligible; and the amounts so noted may be included in the information specified in an order under section 42 of the Housing Act 1988 or, as the case may be, section 49 of the Housing (Scotland) Act 1988 (information to be publicly available)

.

The Housing (Scotland) Act 1987

77

In section 12 of the Housing (Scotland) Act 1987 (which relates, amongst other things, to the disposal by local authorities of land acquired or appropriated for housing purposes and of houses)—

78

In section 13 of that Act (power of Secretary of State in certain cases to impose conditions on sale of local authority’s houses etc.) for the words “land or dwelling” there shall be substituted the words “ “or land ”.

79

In section 61(4)(b) of the Housing (Scotland) Act 1987 after sub-paragraph (vi) there shall be inserted the following sub-paragraphs—

(vii) section 50 of the Housing Act 1988 (housing association grants); or (viii) section 51 of that Act (revenue deficit grants); or

.

The Access to Personal Files Act 1987

80

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Criminal Justice (Scotland) Act 1987

81

In section 33 of the Criminal Justice (Scotland) Act 1987 (sequestration of person holding realisable property), in subsection (2)(b) for the words “under subsection (6) of that section” there shall be substituted the words “ “under subsection (10) of section 31 of that Act or subsection (6) of the said section 32 of that Act ”.

82

In section 34 of that Act (bankruptcy in England and Wales of person holding realisable property), in subsection (2)(b) for the words “or 308” there shall be substituted “ “308 or 308A ” and after the word “replacement” there shall be inserted “ “and certain tenancies ”.

The Criminal Justice Act 1988

83

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Housing (Scotland) Act 1988

85

In section 19 of the Housing (Scotland) Act 1988 (notice of proceedings for possession)—

86

In section 36 of that Act (damages for unlawful eviction)—

87

In section 38 of that Act (further offence of harassment)—

(1) Subsection (2) of section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier) shall, as respects acts done after the commencement of this section, have effect with the substitution of the word “likely” for the word “ “calculated ”. (2) After that subsection

;

88

In section 36 of that Act (damages for unlawful eviction)—

(6A) For the purposes of subsection (6)(a) above, proceedings to enforce a liability are finally decided— (a) if no appeal may be made against the decision in these proceedings; (b) if an appeal may be made against the decision with leave and the time limit for applications for leave expires and either no application has been made or leave has been refused; (c) if leave to appeal against the decision is granted or is not required and no appeal is made within the time limit for appeals; or (d) if an appeal is made but is abandoned before it is determined. (6B) If, in proceedings to enforce a liability arising by virtue of subsection (3) above, it appears to the court— (a) that, prior to the event which gave rise to the liability, the conduct of the former residential occupier or any person living with him in the premises concerned was such that it is reasonable to mitigate the damages for which the landlord would otherwise be liable, or (b) that, before the proceedings were begun, the landlord offered to reinstate the former residential occupier in the premises in question and either it was unreasonable of the former residential occupier to refuse that offer or, if he had obtained alternative accommodation before the offer was made, it would have been unreasonable of him to refuse that offer if he had not obtained that accommodation, the court may reduce the amount of damages which would otherwise be payable to such amount as it thinks appropriate.

.

89

In section 63 of that Act (consent for subsequent disposals) after subsection (2) there shall be inserted the following subsection—

(2A) Before giving any consent for the purposes of subsection (1) above, Scottish Homes— (a) shall satisfy itself that the person who is seeking the consent has taken appropriate steps to consult the tenant of the house (or, as the case may be, each house) of which the property proposed to be disposed of consists; and (b) shall have regard to the response of such tenant to that consultation.

90

In Schedule 4 to that Act (tenancies which cannot be assured tenancies) after paragraph 11 there shall be inserted the following paragraph—

(11A) A tenancy granted expressly on a temporary basis in the fulfilment of a duty imposed on a local authority by Part II of the Housing (Scotland) Act 1987.

Part II — Amendments Consequential on the Establishment of Housing for Wales

The Land Commission Act 1967

91

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Parliamentary Commissioner Act 1967

92

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) after the entry “Housing Corporation” there shall be inserted—

Housing for Wales

.

The Income and Corporation Taxes Act 1970

93

In section 342 of the Income and Corporation Taxes Act 1970 (disposals of land between Housing Corporation and housing societies) and in section 342A of that Act (disposals by certain housing associations) after the words “Housing Corporation” in each place where they occur there shall be inserted “or Housing for Wales”.

The Land Compensation Act 1973

94

In section 32(7B)(b) of the Land Compensation Act 1973 (supplementary provisions about home loss payments) after the words “Housing Corporation” there shall be inserted “or Housing for Wales”.

The House of Commons Disqualification Act 1975

95

In Schedule 1 to the House of Commons Disqualification Act 1975, in Part II (bodies of which all members are disqualified) there shall be inserted at the appropriate place the following entry—

Housing for Wales

.

The Statutory Corporations (Financial Provisions) Act 1975

96

In Schedule 2 to the Statutory Corporations (Financial Provisions) Act 1975 (bodies corporate affected by section 5 of that Act as to their power to borrow in currencies other than sterling) after the entry “The Housing Corporation” there shall be inserted—

Housing for Wales

.

The Development of Rural Wales Act 1976

97

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Rent (Agriculture) Act 1976

98

In section 5(3) of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or to local authority etc.) after paragraph (d) there shall be inserted the following paragraph—

(da) Housing for Wales

.

The Rent Act 1977

99

In section 15(2)(a) of the Rent Act 1977 (landlord’s interest belonging to housing association etc.) after the words “Housing Corporation” there shall be inserted—

(aa) Housing for Wales

.

100

In each of the following provisions of that Act, that is to say, sections 86(2)(a) (tenancies to which Part VI applies), 93(1) (increase of rent without notice to quit) and Schedule 12 (certificates of fair rent), in paragraph 12 (meaning of “secure tenancy”), after the words “Housing Corporation” there shall be inserted “or Housing for Wales”.

The Criminal Law Act 1977

101

In section 7(5) of the Criminal Law Act 1977 (authorities who may authorise occupation by protected intending occupier for purposes of offence of adverse occupation of residential premises) after the words “Housing Corporation” there shall be inserted—

(ba) Housing for Wales

.

The National Health Service Act 1977

102

In section 28A(2)(e) of the National Health Service Act 1977 (power to make payments towards expenditure on community services) at the end there shall be added the following sub-paragraph

and (vii) Housing for Wales.

103

In section 28B(1)(b)(v) of that Act (power of Secretary of State to make payments towards expenditure on community services in Wales) for the words “the Housing Corporation” there shall be substituted “Housing for Wales”.

The Local Government, Planning and Land Act 1980

104

In Schedule 16 to the Local Government, Planning and Land Act 1980 (bodies to whom Part X of that Act applies) after paragraph 9 there shall be inserted the following paragraph—

9a. Housing for Wales.

The Finance Act 1981

105

In section 107(3) of the Finance Act 1981 (exemption from stamp duty in case of sale of houses at discount by local authorities etc.) after paragraph (c) there shall be inserted the following paragraph—

(ca) Housing for Wales.

The Housing Act 1985

106

In the Housing Act 1985 for the words “Housing Corporation” in each place where they occur there shall be substituted “Corporation”.

107

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

108

In section 57 of that Act (index of defined expressions: Part II) after the entry relating to “compulsory disposal” there shall be inserted—

the Corporation»section 6A

.

109

In section 117 of that Act (index of defined expressions: Part IV) after the entry relating to “co-operative housing association” there shall be inserted—

the Corporation» section 6A

.

110

In section 188 of that Act (index of defined expressions: Part V) after the entry relating to “co-operative housing association” there shall be inserted—

the Corporation» section 6A

.

111

In section 238 of that Act (index of defined expressions: Part VII) after the entry relating to “clearance area” there shall be inserted—

the Corporation» section 6A

.

112

In section 459 of that Act (index of defined expressions: Part XIV) after the entry relating to “building society” there shall be inserted—

the Corporation section» 6A

.

113

In section 577 of that Act (index of defined expressions: Part XVI) after the entry relating to “co-operative housing association” there shall be inserted—

the Corporation» section 6A

.

The Landlord and Tenant Act 1987

114

In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) after paragraph (e) there shall be inserted the following paragraph—

(ea) Housing for Wales

.

The Income and Corporation Taxes Act 1988

115

In section 376(4) of the Income and Corporation Taxes Act 1988 (qualifying borrowers and lenders) after paragraph (k) there shall be inserted the following paragraph—

(ka) Housing for Wales.

116

In section 560(2)(e) of that Act (persons who are sub-contractors or contractors for the purposes of Chapter IV of Part XIII of that Act) after the words “Housing Corporation” there shall be inserted “Housing for Wales”.

SCHEDULE 18

Assured tenancies.

Tenant sharing accommodation with persons other than landlord.

6A
8A
9A
14A

the landlord may serve on the tenant a notice in the prescribed form proposing an increased rent to take account of the tenant’s liability to make payments to the landlord in respect of council tax, such increased rent to take effect at the beginning of a new period of the tenancy specified in the notice being a period beginning not earlier than one month after the date on which the notice was served.

14B

the committee shall make a determination in relation to the section 13 reference before making their determination in relation to the section 14A reference, and if in such a case the date specified in the notice under section 13(2) above is later than the date specified in the notice under section 14A(1) above, the rent determined under the section 14A reference shall not take effect until the date specified in the notice under section 13(2).

19A

An assured tenancy which—

is an assured shorthold tenancy unless it falls within any paragraph in Schedule 2A to this Act.

20A

subsection (1) above shall have effect in relation to it as if paragraph (b) related to the term of the tenancy from which it derives.

20B

Security of tenure.

The measure of damages.

41A

In order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992, where a rent is determined under section 14 or 22 above, the rent assessment committee shall note in their determination the amount (if any) of the rent which, in the opinion of the committee, is fairly attributable to the provision of services, except where that amount is in their opinion negligible; and the amount so noted may be included in the information specified in an order under section 42 below.

41B

A billing authority within the meaning of Part I of the Local Government Finance Act 1992 shall, if so requested in writing by a rent officer or rent assessment committee in connection with his or their functions under any enactment, inform the rent officer or rent assessment committee in writing whether or not a particular dwelling (within the meaning of Part I of the Local Government Finance Act 1992) is, or was at any time specified in the request, an exempt dwelling for the purposes of that Part of that Act.

Recovery etc. of grants.

Determinations under Part II.

Determinations under Part II.

Tax relief grants.

Consultation and publicity.

Application of Parts IV and V of Housing Act 1985.

Right conferred by Part IV.

84A

shall continue to be recoverable by the housing action trust to the exclusion of the authority.

and any reference to a block of flats specified in a notice under section 84(2) above is a reference to a block in the case of which each flat which is let on a secure tenancy or an introductory tenancy is so specified.

shall be treated as if it were two separate buildings, the one containing the flat or flats mentioned in paragraph (a) above and the other containing the flat or flats mentioned in paragraph (b) above and any common parts.

Persons by whom right may be exercised.

Restriction on disposal of dwelling-houses in National Parks etc. acquired under the right to buy.

Preserved right to buy.

Preservation of right to buy on disposal to private sector landlord: Scotland.

Repair notices.

Application to Isles of Scilly.

3A

A tenancy—

3B

A tenancy—

3C

Paragraph 2(2) above applies for the purposes of paragraphs 3, 3A and 3B as it applies for the purposes of paragraph 2(1).

Family intervention tenancies

12ZA

Accommodation for asylum-seekers

12A

Accommodation for persons with Temporary Protection

12B

Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)—

The dwelling-house is subject to a mortgage granted before the beginning of the tenancy and—

and for the purposes of this ground “mortgage” includes a charge and “mortgagee” shall be construed accordingly.

The tenancy is a fixed term tenancy for a term not exceeding eight months and—

The tenancy is a fixed term tenancy for a term not exceeding twelve months and—

The dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office and—

The landlord who is seeking possession or, if that landlord is a registered social landlord or charitable housing trust, a superior landlord intends to demolish or reconstruct the whole or a substantial part of the dwelling-house or to carry out substantial works on the dwelling-house or any part thereof or any building of which it forms part and the following conditions are fulfilled—

For the purposes of this ground “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act) and “charitable housing trust” means a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, within the meaning of the Charities Act 1993.

The tenancy is a periodic tenancy (including a statutory periodic tenancy) which has devolved under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant or, if the court so directs, after the date on which, in the opinion of the court, the landlord or, in the case of joint landlords, any one of them became aware of the former tenant’s death.

Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—

and for the purpose of this ground “rent” means rent lawfully due from the tenant.

Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.

Some rent lawfully due from the tenant—

Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.

Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.

The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any other person residing in the dwelling-house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

The tenant or a person residing in or visiting the dwelling-house—

Ground 14A

The dwelling-house was occupied (whether alone or with others) by a married couple or a couple living together as husband and wife and—

The condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any other person residing in the dwelling-house and, in the case of ill-treatment by a person lodging with the tenant or by a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

The dwelling-house was let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment.

For the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, shall be regarded as employment by the Secretary of State.

Ground 17

The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by—

SCHEDULE 2A

Tenancies excluded by notice

1
2

Tenancies containing exclusionary provision

3

An assured tenancy which contains a provision to the effect that the tenancy is not an assured shorthold tenancy.

Tenancies under section 39

4

An assured tenancy arising by virtue of section 39 above, other than one to which subsection (7) of that section applies.

Former secure tenancies

5

An assured tenancy which became an assured tenancy on ceasing to be a secure tenancy.

Former demoted tenancies

5A

An assured tenancy which ceases to be an assured shorthold tenancy by virtue of section 20B(2) or (4).

Tenancies under Schedule 10 to the Local Government and Housing Act 1989

6

An assured tenancy arising by virtue of Schedule 10 to the Local Government and Housing Act 1989 (security of tenure on ending of long residential tenancies).

Tenancies replacing non-shortholds

7
8

An assured tenancy which comes into being by virtue of section 5 above on the coming to an end of an assured tenancy which is not a shorthold tenancy.

Assured agricultural occupancies

9

is served by the person who is to be the landlord under the tenancy on the person who is to be the tenant under it, and

Increase in value of house attributable to home improvements

1A

shall be disregarded.

Right of first refusal for housing action trust

2A

a right of first refusal to have a disposal within sub-paragraph (6) made to him for such consideration as is mentioned in paragraph 2B.

Nothing in that sub-paragraph affects the generality of sub-paragraph (5).

Consideration payable for disposal under paragraph 2A

2B

Treatment of deferred resale agreements

8
1

The repeal of sections 19 to 21 of the Rent Act 1977 does not apply with respect to any tenancy or contract entered into before the coming into force of Part I of this Act nor to any other tenancy or contract which, having regard to section 36 of this Act, can be a restricted contract.

2

The repeal of section 52 of the Housing Act 1980 (protected shorthold tenancies) does not apply with respect to any tenancy entered into before the coming into force of Part I of this Act nor to any other tenancy which, having regard to section 34 of this Act, can be a protected shorthold tenancy.

3

The repeal of sections 56 to 58 of the Housing Act 1980 does not have effect in relation to any tenancy to which, by virtue of section 37(2) of this Act, section 1(3) of this Act does not apply.

4

The repeals in section 80 of the Housing Act 1985—

Editorial notes

[^c12865621]: The text of ss. 1–45, 115–121, 138–141, Schs. 1–4, 13, 14, Sch. 17 paras. 1–17, 21–26, 29–36, 67–76, 81–88, 90, 98–100, 114, Sch. 18 was taken from S.I.F. Group 75:1(Landlord and Tenant: General, England and Wales); the text of ss. 46–114, 121–141, Schs. 5–12, 15–18 was taken from S.I.F. Group 61 (Housing); provisions omitted from S.I.F. have been dealt with as referred to in other commentary

[^c12865631]: Act restricted (26.7.1993) by 1993 c. 23, s. 4(5), Sch. 1 para. 6(1)(b); S.I. 1993/1655, art. 2

[^c12865641]: Act excluded (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 Pt. II para.8; S.I. 1993/2762, art. 3 Act excluded (1.10.1998) by 1975 c. 70, Sch. 4 Pt. IV para. 16 (as inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4 Act excluded (25.11.1999 for the purposes of regional development agencies established on that date, otherwise 3.7.2000) by 1998 c. 45, s. 23, Sch. 6 para. 5; S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2

[^c12865651]: Act: certain functions of a Minister of the Crown in so far as exercisable in relation to Wales transferred to the National Assembly for Wales (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[^c18853221]: S. 1(2) excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 18(6)(b); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

[^c18853211]: S. 1(2) excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 12(5)(b) (with Sch. 7 para. 12(9)); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

[^c18853201]: S. 1(2) excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 4(5)(b); S.I. 2006/1060 {art. 2(1)(a)} (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

[^c18853191]: S. 1(2) excluded (16.6.2006 for W. and 6.4.2006 for E.) by Housing Act 2004 (c. 34), ss. 124(8), 270 (with s. 124(9)(10)); S.I. 2006/1535, art. 2(a) (with Sch.); S.I. 2006/1060, art. 2

[^c12865771]: S. 1(2A) inserted by S.I. 1990/434, reg. 2, Sch. para. 27

[^c12865781]: 1980 c. 51.

[^c12865791]: S. 1(6)(7) repealed (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2 (subject to transitional provisions in Sch. para. 1)

[^c12865811]: 1925 c. 20.

[^c12865821]: Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 101

[^c12865831]: Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 101(2)

[^c12865841]: S. 7(5A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 101(3)

[^c12865851]: Words in s. 8(1)(a) substituted (28.2.1997) by 1996 c. 52, s. 151(2); S.I. 1997/225, art. 1 (with Sch.)

[^c12865861]: Words in s. 8(3)(b) substituted (28.2.1997) by 1996 c. 52, s. 151(3); S.I. 1997/225, art. 1 (with Sch.)

[^c12865871]: S. 8(4)-(4B) substituted for s. 8(4) (28.2.1997) by 1996 c. 52, s. 151(4); S.I. 1997/225, art. 2 (with Sch.)

[^c12865881]: S. 8A inserted (28.2.1997) by 1996 c. 52, s. 150; S.I. 1997/225, art. 2 (with Sch.)

[^c18692291]: S. 6A inserted (30.6.2004 for E. and 30.4.2005 for W.) by Anti-Social Behaviour Act 2003 (c. 38), s. 14(4); S.I. 2004/1502, art. 2(a)(iii) (with savings in Sch.); S.I. 2005/1225, art. 2(b)

[^c18705161]: S. 9A inserted (30.6.2004 for E. and 30.9.2004 for W.) by Anti-Social Behaviour Act 2003 (c. 38), s. 16(2); S.I. 2004/1502, art. 2(a)(v) (with Sch.) and S.I. 2004/2557, art. 2(a)(iii) (with Sch.)

[^c18708701]: Words in s. 13(2)(b) substituted (11.2.2003) by The Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003 (S.I. 2003/259), art. 2(a)(i)

[^c18708821]: Words in s. 13(2)(c) substituted (11.2.2003) by The Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003 (S.I. 2003/259), art. 2(a)(ii)

[^c18710081]: S. 13(3A)(3B) inserted (11.2.2003) by The Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003 (S.I. 2003/259), art. 2(b)

[^c12866031]: S. 14(2)(4)(5) applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 6(4)(5), 7, 11(6), 12(2)(3), 21, 22

[^c12866041]: S. 14(3A)(3B) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 17(2)

[^c12866061]: 1985 c. 70.

[^c12866071]: Words in s. 14(4) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 17(3)

[^c12866091]: S. 14(9) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(2); S.I. 1997/225, art. 2 (with Sch.)

[^c12866101]: Ss. 14A, 14B inserted (1.4.1993) by S.I. 1993/651, art. 2(2), Sch. 2 para. 8

[^c12866111]: Ss. 14A, 14B inserted (1.4.1993) by S.I. 1993/651, art. 2(2), Sch. 2 para. 8

[^c12866121]: 1927 c. 36.

[^c12866131]: Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 102

[^c12866141]: S. 17 extended (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(4)(6); S.I. 1997/1892, art. 3

[^c12866151]: S. 18(1) restricted (1.11.1993) by 1993 c. 28, s. 61, Sch. 14 para. 3(2)(c); S.I. 1993/2134, arts. 2,5

[^c12866161]: 1984 c. 28.

[^c12866171]: S. 19A inserted (28.2.1997) by 1996 c. 52, s. 96(1); S.I. 1997/225, art. 2 (with Sch.)

[^c12866181]: S. 20(1) and side-note substituted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(3); S.I. 1997/225, art. 2 (with Sch.)

[^c12866191]: S. 20(5A) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(4); S.I. 1997/225, art. 2 (with Sch.)

[^c12866201]: S. 20(7) repealed (28.2.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. IV; S.I. 1997/225, art. 2 (with Sch.)

[^c12866211]: S. 20A inserted (28.2.1997) by 1996 c. 52, s. 97; S.I. 1997/225, art. 2 (with Sch.)

[^c12866231]: Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 103

[^c12866241]: Words in s. 21(1)(b) inserted (28.2.1997) by 1996 c. 52, s. 98(2); S.I. 1997/225, art. 2 (subject to saving in Sch. para. 2)

[^c12866251]: Words in s. 21(4)(a) inserted (28.2.1997) by 1996 c. 52, s. 98(3); S.I. 1997/225, art. 2 (subject to saving Sch. para. 2)

[^c12866261]: S. 21(5)-(7) inserted (28.2.1997) by 1996 c. 52, s. 99; S.I. 1997/225, art. 2 (with Sch.)

[^c18719311]: S. 21(5A) inserted (30.6.2004 for E. and 30.4.2005 for W.) by Anti-Social Behaviour Act 2003 (c. 38), ss. 15(2), 93; S.I. 2004/1502, art. 2(a)(iv) (with savings in Sch.); S.I. 2005/1225, art. 2(c)

[^c12866271]: Words in s. 22(1) repealed (28.2.1997) by 1996 c. 52, ss. 104, 227, Sch. 8 para. 2(5), Sch. 19 Pt. IV; S.I. 1997/225, art. 2 (with Sch.)

[^c12866281]: Word in s. 22(2)(a) repealed (28.2.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. IV; S.I. 1997/225, art. 2

[^c12866291]: S. 22(2)(aa) inserted (28.2.1997) by 1996 c. 52, s. 100(2); S.I. 1997/225, art. 2 (with Sch.)

[^c12866301]: S. 22(5A) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(6); S.I. 1997/225, art. 2 (with Sch.)

[^c12866311]: S. 22(6) inserted (28.2.1997) by 1996 c. 52, s. 100(3); S.I. 1997/225, art. 2 (with Sch.)

[^c18718081]: S. 20B inserted (30.6.2004 for E. and 30.4.2005 for W.) by Anti-Social Behaviour Act 2003 (c. 38), ss. 15, 93; S.I. 2004/1502, art. 2(a)(iv) (with savings in Sch.); S.I. 2005/1225, art. 2(c)

[^c12866351]: Words inserted by S.I. 1990/434, reg. 2, Sch. para. 28

[^c12866361]: Words substituted by S.I. 1990/434, reg. 2, Sch. para. 28

[^c12866371]: Words in s. 24(2)(b) inserted (28.2.1997) by 1996 c. 52, s. 103(2); S.I. 1997/225, art. 2 (with Sch.)

[^c12866381]: S. 24(2A) inserted (28.2.1997) by 1996 c. 52, s. 103(3); S.I. 1997/225, art. 2 (with Sch.)

[^c12866391]: 1976 c. 80.

[^c12866321]: Pt. I Chapter III modified (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(5)(6)(with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (with art. 4)

[^c12866401]: 1985 c. 68.

[^c12866411]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1), s. 4, Sch. 2 para. 79(1)

[^c12866421]: 1977 c. 43.

[^c12866481]: 1977 c. 42.

[^c12866491]: 1976 c. 80.

[^c12866501]: S. 34(1)(d) substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 104

[^c12866511]: Words in s. 34(3) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(7); S.I. 1997/225, art. 2 (with Sch.)

[^c12866521]: 1976 c. 80.

[^c12866531]: 1977 c. 42.

[^c12866851]: 1985 c. 68.

[^c12866861]: S. 35(2)(d) substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 105(1)

[^c12866871]: Words in s. 35(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(2)

[^c12866881]: 1985 c. 68.

[^c12866891]: 1977 c. 42.

[^c12866901]: Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 105(2)

[^c12866911]: Words in s. 35(4)(a) substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 15 (with ss. 139(2), 141(3), 143(2)); S.I. 1998/2244, art. 4

[^c12866921]: Words in s. 35(5) substituted (1.11.1998) by 1998 c. 38, s. 140(1), Sch. 16 para. 60; S.I. 1998/2244, art. 5

[^c12866931]: Words in s. 35(5) inserted (15.1.1999) by S.I. 1999/61, art. 2, Sch. para. 3(2)

[^c12866941]: 1985 c. 68.

[^c12866951]: 1980 c. 51.

[^c12866961]: 1954 c. 56.

[^c12866971]: 1954 c. 56.

[^c12866981]: 1980 c. 51.

[^c12867201]: Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 106(1)

[^c12867211]: Words in s. 38(3) substituted (15.1.1999) by S.I. 1999/61, art. 2, Sch. para. 3(3)(a)

[^c12867221]: 1985 c. 68.

[^c12867231]: Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 106(2)

[^c12867241]: S. 38(4A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 106(3)

[^c12867251]: Words in s. 38(4A) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(3)

[^c12867261]: S. 38(4B) inserted (15.1.1999) by S.I. 1999/61, art. 2, Sch. para. 3(3)(b)

[^c12867271]: S. 38(5)(c) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

[^c12867281]: 1977 c. 42.

[^c12867291]: 1976 c. 80.

[^c12867321]: 1977 c. 42.

[^c12867331]: 1976 c. 80.

[^c12867341]: Words in s. 39(7) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(8); S.I. 1997/225, art. 2 (with Sch.)

[^c12867371]: S. 40 extended (1.7.1991) by S.I. 1991/724, art.2(1)(o)

[^c12867381]: S. 40(2) omitted (1.7.1991) by virtue of S.I. 1991/724, art. 2(8), Schedule Pt.I

[^c12867391]: S. 40(4)(5) repealed (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 124(3), 125(7), Sch. 20

[^c12867441]: S. 41(1) repealed (2.9.1993) by 1993 c. 28, s. 187(2), Sch.22; S.I. 1993/2134, arts. 2,3

[^c12867451]: S. 41(2)–(4) applied by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 12(1), 21, 22

[^c12867491]: S. 41A added (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 103

[^c12867501]: S. 41B inserted (23.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para.18 (as amended (23.4.1993) by S.I. 1993/1120, art.2).

[^c12867511]: 1977 c. 42.

[^c12867521]: 1977 c. 43.

[^c12867531]: 1985 c. 69.

[^c12867541]: 1976 c. 70.

[^c12867551]: 1985 c. 68.

[^c12865681]: Part I (ss. 1–45) modified by S.I. 1990/776, arts. 2(2), 5(2)(b) and excluded by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 242

[^c12865691]: Part I (ss. 1–45) applied by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8, para. 19(3)

[^c12865701]: Part I (ss. 1-45) definition applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167(3), 223(2), Sch. 11 para. 10 (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

[^c12865711]: Pt. I (ss. 1-45) definition applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 168(3), 225(2), Sch. 19 para. 10 (with ss. 15(6), 179, 222(3), 224(1), Sch. 22 para. 1, Sch. 23 para. 6)

[^c12865721]: Pt. I (ss. 1-45) restricted (1.11.1993) by 1993 c. 28, s. 59(2)(c)(iii); S.I. 1993/2134, arts. 2, 5 Pt. I (ss. 1-45) excluded (3.3.1997) by 1985 c. 68, s. 348D(5) (as inserted (3.3.1997) by 1996 c. 52, s. 67(1) (with s. 70); S.I. 1997/350, art. 2 Pt. I (ss. 1-45) modified (1.10.1996) by 1996 c. 27, s. 30(4)(b); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

[^c19115341]: Pt. 1 excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 33, 270(3); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

[^c12867571]: S. 46 repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 62, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12867591]: S. 47 repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 63, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12867611]: S. 48 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(2); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (with transitional provisions and savings in art. 3)

[^c12867631]: S. 49 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(2); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (with transitional provisions and savings in art. 3)

[^c12867721]: S. 50 restricted (E.W.) (1.4.1997) by 1996 c. 52, ss. 28(1), 251(4)(b) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.) S. 50 amended (E.W.) (1.4.1997) by 1996 c. 52, ss. 28(6), 251(4)(b) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

[^c12867731]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^c12867741]: Word in s. 50(1) substituted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(4)(a)(i)

[^c12867751]: Words in s. 50 substituted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 61(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12867761]: Words in s. 50(1) substituted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(4)(a)(ii)

[^c12867771]: Words in s. 50(1) repealed (with saving) (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1)-(3), Sch. 1 Pt. I

[^c12867811]: S. 50(5) substituted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 64(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12867821]: Words in s. 50(6)(b) substituted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(4)(b)

[^c12867851]: Words in s. 50(8) substituted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 64(3)(a) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12867861]: Words in s. 50(8) substituted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 64(3)(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12867871]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^c12867951]: S. 51 restricted (1.4.1997) by 1996 c. 52, ss. 28(2), 251(4)(b), (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.) S. 51 amended (1.4.1997) by 1996 c. 52, ss. 28(6), 251(4)(b); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

[^c12867961]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^c20518681]: S. 51 functions transferred (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

[^c20518741]: S. 51 modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 4; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

[^c12867971]: Word in s. 51(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(5)(a)(i)

[^c12867981]: Words in s. 51 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 61(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12867991]: Words in s. 51(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(5)(a)(ii)

[^c12868021]: Words in s. 51(2) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(5)(b)

[^c12868031]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^c12868621]: S. 52 excluded (E.W.) (1.8.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 24(7), 231(4)(b) (with s. 51(4)); S.I. 1996/2048, art. 3; S.I. 1996/618, art. 2 (subject to transitional provisions in Sch.)

[^c12868631]: Ss. 50-55 amended (1.4.1997) by 1996 c. 52, s. 28(6) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

[^c12868641]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^c12868651]: 1988 c. 43.

[^c12868661]: Words in s. 52(1) substituted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(6)(a)

[^c12868671]: Words in s. 52 substituted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 61(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12868691]: Words in s. 52(2)(c) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(a), 231(4)(b) (with s. 51(4)); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

[^c12868721]: Words in s. 52(2) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(b), 231(4)(b); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

[^c12868761]: 1988 c. 3.

[^c12868771]: Words in s. 52(5)(b) substituted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(6)(b)

[^c12868801]: Words in s. 52(7) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(c), 231(4)(b) (with s. 51(4)); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

[^c12868811]: Words in s. 52(8)(a) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(d), 231(4)(b) (with s. 51(4)); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

[^c12868821]: Words in s. 52(8)(b) substituted (E.W.) (1.10.1996 for specified purposes, otherwise 1.4.1997) by 1996 c. 52, ss. 28(3)(e), 231(4)(b) (with s. 51(4)); S.I. 1996/2402, art. 5; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.)

[^c12868481]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^c12868491]: 1988 c. 43.

[^c12868501]: Words in s. 52(1) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(3)(a); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

[^c12868511]: Words in s. 52(2)(c) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(3)(b); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

[^c12868531]: Words in S. 52(3)(4) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para 15(3)(c)(d); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

[^c12868561]: 1988 c. 3.

[^c12868571]: Words in s. 52(5) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(3)(e); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

[^c12868611]: S. 52(10) inserted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(3)(f); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

[^c12869011]: S. 53 applied by section 87 of the Housing Associations Act 1985 (c. 69, SIF 61), as substituted by Local Government and Housing Act 1989 (c.42, SIF 61), s. 183

[^c12869021]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^c12869031]: Words in s. 53(1)(b) substituted (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(4)(a); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

[^c12869041]: Words in s. 53(3) substituted (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(4)(b); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

[^c12869061]: S. 53 applied by section 87 of the Housing Associations Act 1985 (c. 69, SIF 61), as substituted by Local Government and Housing Act 1989 (c.42, SIF 61), s. 183

[^c12869071]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^c12869081]: Ss. 50-55 amended (1.4.1997) by 1996 c. 52, ss. 28(6), 231(4)(b) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

[^c20518961]: S. 53 functions transferred (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

[^c20518981]: S. 53 modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 4; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-12)

[^c12869091]: S. 53(2) substituted (1.8.1996) by 1996 c. 52, ss. 28(4), 231(4)(b) (with s. 51(4)); S.I. 1996/2048, art. 2

[^c12869101]: Words in s. 53(2) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 65 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12869111]: Words in s. 53 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 61(1)(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

[^c12867641]: Words in cross-heading substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 61(1)(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 5

[^c12869131]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^c12869141]: Ss. 50-55 amended (1.4.1997) by 1996 c. 52, ss. 28(6), 231(4)(b) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

[^c12869151]: Words in s. 54(2) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(7)

[^c12869161]: 1988 c. 1.

[^c12869171]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^c12869181]: 1988 c. 1.

[^c12869491]: S. 56 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3; S.I. 2001/566, art. 2

[^c12869501]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^c12869511]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^c12869521]: Words in s. 57 substituted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 66(a) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12869531]: Words in s. 57 inserted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 66(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12869541]: Definition of "English registered social landlords" in s. 57 inserted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 66(c) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12869551]: 1996 c. 52.

[^c12869581]: S. 58 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 51(4), 55, 227, 231(4)(b), Sch. 3 para. 10, Sch. 19 Pt. I (with s. 51(4)); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

[^c12869591]: 1985 c. 68.

[^c12869601]: 1985 c. 68.

[^c12869901]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[^c12869911]: 1985 c. 69.

[^c12869921]: Words in s. 59(1)(b) substituted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(9)(b)

[^c12869931]: S. 59(1A)(1B) inserted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(9)(c)

[^c12869941]: Words in s. 59(2)(b) repealed (E.W.) (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 67(a), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12869951]: Word in s. 59(2)(c) substituted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 67(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12869841]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[^c12869851]: 1985 c. 69.

[^c12869861]: Words in s. 59(1)(b) inserted (S.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 19(9)(a)

[^c12869871]: Words in s. 59(1)(b) substituted (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(6)(a); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

[^c12869881]: S. 59(2)(b) repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(6)(b); S.S.I. 2001/397, art. 2(2), Sch. Table (subject to transitional provisions and savings in arts. 3-6)

[^c12869891]: Word in s. 59(2)(c) substituted (S.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 67(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12869971]: Words in s. 61(2) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(a)

[^c12869981]: 1985 c. 68.

[^c12869991]: 1977 c. 42.

[^c12870041]: Words in s. 63(1)(d) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. IV para. 25(1)(a); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

[^c12870051]: S. 63(2A) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. IV para. 25(1)(b); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

[^c12870061]: S. 63(5) repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3; S.I. 2000/566, art. 2(1)

[^c12870071]: Words in s. 64(1)(5) inserted (1.10.1996) by 1996 c. 52, s. 22, Sch. 18 Pt. IV para. 25(2); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

[^c12870141]: Word in s. 65(2)(a) substituted (3.5.1997) by 1996 c. 62, s. 80(2)(b); S.I. 1997/350, art. 2

[^c12870151]: 1985 c. 68.

[^c12870161]: 1970 c. 44.

[^c12870171]: 1985 c. 69.

[^c12870181]: 1973 c. 26.

[^c12870191]: 1974 c. 7.

[^c12870251]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(2)(a)

[^c12870271]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(2)(b)

[^c12870281]: Word in s. 66(4)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 9(1) (with ss. 54(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, 3, Sch. 1

[^c12870291]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(2)(c)

[^c12870301]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(2)(d)

[^c12870381]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 paras. 79(3)(a)

[^c12870391]: Words repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), ss. 3, 4, Sch. 1 Pt. I, Sch. 2 para. 79(3)(a)

[^c12870401]: Words repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 3, Sch. 1 Pt. I

[^c12870411]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(3)(b)(i)

[^c12870421]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(3)(b)(ii)

[^c12870431]: S. 67(3A) inserted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(3)(c)

[^c12870441]: Words in s. 67(3A) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7, para.7 (with s. 84(5)); S.I. 1991/2905, art.3, Sch.

[^c12870451]: Words in s. 67(3A) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, Sch. 3, Pt. II, para.18 (with s. 84(5)); S.I. 1991/2905, art.3

[^c12870461]: S. 67(5)(6) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), ss. 3, 4, Sch. 1 Pt. I, Sch. 2 para. 79(3)(d)

[^c12870471]: 1936 c. 49.

[^c12870481]: 1961 c. 64.

[^c12870491]: 1949 c. 55.

[^c12870501]: 1974 c. 7.

[^c12870531]: Words in s. 69(1) substituted (11.10.1993) by 1993 c. 28, s. 182(1); S.I. 1993/2134, arts. 2, 4

[^c12870541]: 1980 c. 66.

[^c12870551]: Words in s. 69(2) repealed (11.10.1993) by 1993 c. 28, ss. 182(2), 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4

[^c12870561]: 1980 c. 66.

[^c12870581]: S. 70 repealed (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2 (subject to transitional provisions in Sch. para. 1)

[^c12870631]: 1925 c. 20.

[^c12870641]: Words substituted by S.I. 1990/778, art. 2, Sch. para. 1(a)

[^c12870661]: 1985 c. 51.

[^c12870671]: Word in s. 74(8)(e) repealed (3.7.2000) by 1999 c. 29, s. 423, Sch. 34 Pt. VIII (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(i)

[^c12870681]: S. 74(8)(g) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 52 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)

[^c12870691]: Words in s. 75(3) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(b)

[^c12870721]: 1981 c. 66.

[^c12870731]: 1961 c. 33.

[^c12870741]: S. 76(6A) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 75(2)

[^c12870751]: 1981 c. 67.

[^c12870761]: 1965 c. 56.

[^c12870771]: 1978 c. 30.

[^c12870781]: 1981 c. 67.

[^c12870791]: 1961 c. 33.

[^c12870801]: 1980 c. 65.

[^c12871061]: S. 79(1)(2) excluded (1.11.1993) by 1993 c. 28, ss. 37, 56(7), Sch. 10 para. 1(2)(c); S.I. 1993/2134, arts. 2, 5

[^c12871081]: Words in s. 79(2) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(c)

[^c12871091]: S. 79(2): paragraph (a) and word “or” at the end of the paragraph substituted (1.10.1996) by 1996 c. 52, s. 55, Sch. 3 para. 11 (with s. 51(4); S.I. 1996/2402, art. 3

[^c12871101]: Words in s. 79(2)(b) repealed (11.10.1993) by 1993 c. 28, ss. 124(1), 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4, Sch. 2 (with Sch. 1 para. 5).

[^c12871111]: 1985 c. 68.

[^c12871121]: S. 79(5A) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(d)

[^c12871131]: S. 79(6)-(10) repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. I; S.I. 1996/2402, art. 3

[^c12871181]: 1985 c. 68.

[^c12871191]: 1985 c. 70.

[^c12871571]: S. 81 excluded (1.11.1993) by 1993 c. 28, ss. 37, 56(6), Sch. 10 para. 1(2)(c); S.I. 1993/2134, arts. 2, 5

[^c12871581]: Words in s. 81(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(e)

[^c20521091]: S. 81(6) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 1; S.I. 2008/3068, art. 2(1)(b) (with arts. 6-11)

[^c12871591]: Words in s. 81(6) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 68(a)(with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12871601]: Words in s. 81(6) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(10)(a)(i)

[^c12871611]: 1985 c. 69

[^c12871621]: Words in s. 81(6) substitutued (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(10)(a)(ii)

[^c12871641]: Words in s. 81(7) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(10)(b)

[^c12871651]: Words in s. 81(7) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 68(b)(with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12871661]: 1985 c. 68

[^c12871671]: S. 81(8)(ab) inserted (1.4.1997) by S.I. 1997/627, art. 2, Sch. para. 6

[^c12871681]: S. 81(9)(a) repealed (1.4.1998) by 1997 c. 2, s. 4, Sch. 2 Pt. I; S.I. 1997/3036, art. 2(c)

[^c18677311]: Words in s. 81(9)(c) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 133, 136(2), Sch. 11 para. 23(2) (with s. 129); S.I. 2003/1725, art. 2(1)

[^c18677631]: S. 81(10) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 133, 136(2), Sch. 11 para. 23(3) (with s. 129); S.I. 2003/1725, art. 2(1)

[^c12871931]: S. 82: words in side-note substituted (1.11.1998) by 1998 c. 38, s. 140(1), Sch. 16 para. 69(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12871941]: Words in s. 82(1)(a)(b) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(f)

[^c12871961]: Words in s. 82(2)-(4) substituted (1.11.1998) by 1998 c. 38, s. 140(1), Sch. 16 para. 69(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12871981]: S. 82(3)(c)(d) amended (1.1.1992) by S.I. 1991/2684, arts. 2(1), 4, Sch. 1

[^c12872031]: Words in s. 82(4) substituted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 paras. 42, 43 (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/774, art. 2(a)(ii)(iii) (with transitional provisions and savings in arts. 3-5)

[^c12872041]: S. 82(5) inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(11)

[^c12872051]: Words in s. 82(5) substituted (1.11.1998) by 1998 c. 38, s. 140(1), Sch. 16 para. 69(3)(a) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12872071]: Words in s. 82(5) substituted (1.11.1998) by 1998 c. 38, s. 140(1), Sch. 16 para. 69(3)(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12872201]: S. 84 modified (11.10.1993) by 1993 c. 28, s. 124(5); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

[^c12872211]: S. 84(1) substituted (11.10.1993) by 1993 c. 28, s. 124(2); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

[^c12872221]: Words in s. 84(1)(a) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(g)(i)(1)(2)

[^c12872241]: S. 84(2)(3) substituted (11.10.1993) by 1993 c. 28, s. 125(1); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

[^c12872251]: Words in s. 84(4) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(g)(ii)

[^c12872261]: Words in s. 84(4)(c) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(g)(iii)

[^c12872271]: 1985 c. 68.

[^c12872281]: S. 84(4)(d)(e) substituted (11.10.1993) by 1993 c. 28, s. 125(2); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

[^c12872291]: S. 84(5)(5A) substituted (11.10.1993) for s. 84(5) by 1993 c. 28, s. 125(3); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

[^c12872301]: Words in s. 84(6) inserted (11.10.1993) by 1993 c. 28, s. 125(4); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

[^c12872311]: Words in s. 84(7) inserted (11.10.1993) by 1993 c. 28, s. 124(3)(a); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

[^c12872321]: Words in s. 84(7) inserted (11.10.1993) by 1993 c. 28, s. 124(3)(b);S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

[^c12872331]: S. 84(8) substituted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(g)(iv)

[^c12872341]: 1985 c. 68.

[^c12872361]: S. 84A inserted (11.10.1993) by 1993 c. 28, s. 125(5); S.I. 1993/2134, arts. 2, 4 (with savings in Sch. 1 para. 5)

[^c12872371]: Words in s. 84A(6) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(h)

[^c12872381]: Words in s. 84A(7)(a) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(i)

[^c12872391]: Words in s. 86(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 6(j)

[^c12872401]: S. 88(4)(aa) inserted (24.9.1996) by 1996 c. 53, ss. 144(2), 150(2)

[^c12872411]: Words in s. 88(4)(b) substituted (24.9.1996) by 1996 c. 53, ss. 144(3), 150(2)

[^c12872421]: S. 88(5) inserted (24.9.1996) by 1996 c. 53, ss. 144(4), 150(2)

[^c12872431]: 1980 c. 65.

[^c12872441]: 1970 c. 39.

[^c18677781]: Words in s. 90(4) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 133, 136(2), Sch. 11 para. 23(4) (with s. 129); S.I. 2003/1725, art. 2(1)

[^c12872461]: 1972 c. 61.

[^c12872471]: 1985 c. 68.

[^c12872481]: 1978 c. 30.

[^c12872611]: S. 92(1)(ca) inserted (12.2.1997) by S.I 1997/74, art. 2, Sch. para. 6(k)

[^c12872621]: 1985 c. 68.

[^c12872631]: 1985 c. 68.

[^c12872641]: S. 92(1)(g) substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(4)

[^c12872651]: S. 92(2) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 70, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12869961]: Pt. III (ss. 60-92) amended (24.9.1996) by 1996 c. 52, ss. 221(1)(c), 232(2)

[^c12872671]: Pt. IV (ss. 93-114) repealed (1.10.1996) by 1996 c. 52, ss. 222, 227, Sch. 18 Pt. I para. 1, Sch. 19 Pt. IX; S.I. 1996/2402, art. 3

[^c12872991]: 1977 c.42.

[^c12873001]: 1985 c.70.

[^c12873011]: 1986 c.45.

[^c12873021]: 1985 c.66.

[^c12873031]: 1987 c.31.

[^c12873041]: 1977 c.42.

[^c12873241]: S. 121 repealed (1.4.1997 subject to transitional provisions in the commencing S.I.) by 1996 c. 52, s. 227, Sch. 19 Pt. VI; S.I. 1997/618, art. 2(1), Sch. paras. 4, 6)

[^c12873251]: 1985 c.68.

[^c12873261]: 1985 c. 68.

[^c12873271]: 1985 c.68.

[^c12873281]: 1985 c. 68.

[^c12873311]: S. 128 repealed (30.9.2002) by 2001 asp 10, ss. 112, 113(1), Sch. 10 para. 15(7); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions in arts. 3-5)

[^c12873321]: S. 128 wholly in force at 21.2.1992 see s. 141(2) and S.I. 1992/324, art. 2

[^c12873331]: 1987 c.26.

[^c18719551]: Words in s. 129(1) inserted (1.4.2003) by The Regulatory Reform (Schemes under Section 129 of the Housing Act 1988) (England) Order 2003 (S.I. 2003/986), art. 2(2)

[^c18719661]: Words in s. 129(2) inserted (1.4.2003) by The Regulatory Reform (Schemes under Section 129 of the Housing Act 1988) (England) Order 2003 (S.I. 2003/986), art. 2(3)

[^c18719681]: Words in s. 129(3) inserted (1.4.2003) by The Regulatory Reform (Schemes under Section 129 of the Housing Act 1988) (England) Order 2003 (S.I. 2003/986), art. 2(4)(a)

[^c18719701]: Words in s. 129(3) substituted (1.4.2003) by The Regulatory Reform (Schemes under Section 129 of the Housing Act 1988) (England) Order 2003 (S.I. 2003/986), art. 2(4)(b)

[^c12873341]: S. 129(5)(a) repealed by Local Government and Housing Act 1989 (c. 42, SIF 61),s. 194(2), Sch. 12 Pt. I

[^c12873351]: S. 129(5)(b) repealed by Local Government and Housing Act 1989 (c.42, SIF 61),s. 194(4), Sch. 12 Pt. II note 2

[^c18719861]: Words in s. 129(6) inserted (1.4.2003) by The Regulatory Reform (Schemes under Section 129 of the Housing Act 1988) (England) Order 2003 (S.I. 2003/986), art. 2(5)

[^c18719901]: Words in s. 129(6) inserted (1.4.2003) by The Regulatory Reform (Schemes under Section 129 of the Housing Act 1988) (England) Order 2003 (S.I. 2003/986), art. 2(5)

[^c12873371]: S. 131 repealed (prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 194(4), 195(2), Sch. 12 Pt. II

[^c12873381]: 1985 c. 68.

[^c12873391]: 1985 c. 68.

[^c12873401]: 1987 c. 26.

[^c12873411]: Ss. 132(4)(5), 136 repealed by Local Government and Housing Act 1989 (c. 42, SIF 61),s. 194(2), Sch. 12 Pt. I

[^c12873421]: 1988 c. 9.

[^c12873711]: S. 133 excluded (1.11.1993) by 1993 c. 28, ss. 37, 56(6), Sch. 10 para. 1(2)(a); S.I. 1993/2134, arts. 2, 5

[^c12873721]: Words in s. 133(1A) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. IV para. 21(2); S.I. 1996/2402, art. 2

[^c12873731]: Words in s. 133(2A) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. IV para. 21(3); S.I. 1996/2402, art. 2

[^c12873741]: 1985 c. 68.

[^c12873751]: Words in s. 133(5A) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. IV para. 21(4); S.I. 1996/2402, art. 2

[^c12873761]: Words in s. 133(6) repealed (1.11.1988) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 71(a), Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12873771]: Words in s. 133(6) inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para, 18(12)(a)(i)

[^c12873781]: 1985 c. 69.

[^c12873791]: Words in s. 133(6) inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(12)(a)(ii)

[^c12873801]: Words in s. 133(7) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(12)(b)

[^c12873811]: Words in s. 133(7) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 71(b)(with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c18677971]: Words in s. 133(8) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 133, 136(2), Sch. 11 para. 23(5)(a) (with s. 129); S.I. 2003/1725, art. 2(1)

[^c18678091]: Words in s. 133(8) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 133, 136, Sch. 11 para. 23(5)(b) (with s. 129); S.I. 2003/1725, art. 2(1)

[^c12873831]: S. 133(8)(a) repealed (1.4.1998) by 1997 c. 2, s. 4(2), Sch. 2 Pt. I; S.I. 1997/3036, art. 2

[^c18678121]: Words in s. 133(8)(c) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 133, 136(2), Sch. 11 para. 23(5)(c) (with s. 129); S.I. 2003/1725, art. 2(1)

[^c18681241]: S. 133(9) substituted (13.10.2003) by Land Registration Act 2002 ( c. 9), ss. 133, 136(2), {Sch. 11 para. 23(6)} (with s. 129); S.I. 2003/1725, art. 2(1)

[^c12873841]: 1985 c. 68.

[^c12873861]: S. 134 repealed (30.9.2002) by 2001 asp 10, ss. 112, 113(1), Sch. 10 para. 15(7); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions in arts. 3-5)

[^c12873871]: 1987 c. 26.

[^c12873901]: S. 135 repealed (30.9.2002) by 2001 asp 10, ss. 112, 113(1), Sch. 10 para. 15(7); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions in arts. 3-5)

[^c12873911]: S. 135 wholly in force at 21.2.1992 see s. 141(2) and S.I. 1992/324, art. 2

[^c12873921]: 1987 c. 26.

[^c12873931]: Ss. 132(4)(5), 136 repealed by Local Government and Housing Act 1989 (c. 42, SIF 61),s. 194(2), Sch. 12 Pt. I

[^c12874001]: S. 140 partly in force; s. 140(2) partly in force for certain purposes at 1.4.1991, see s. 141(2)(3)(4) and S.I. 1991/954, art. 2

[^c12874011]: 1988 c. 43.

[^c12874021]: Words in s. 140(1) repealed (1.11.1998) by 1998 c. 38, s. 140, 152, Sch. 16 para. 72, Sch. 18 Pt. VI (with 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12874041]: Power of appointment conferred by s. 141(2) partly exercised: S.I. 1988/2056, 2152, 1989/203, 404

[^c12874051]: S. 141(2)(4) power partly exercised; 1.4.1991 appointed for specified provisions by S.I.1991/954 (with saving and transitional provisions) S. 141(2) power partly exercised (20.2.1992): 21.2.1992 appointed for specified provisions by S.I. 1992/324, art. 2.

[^c12874101]: Sch. 1 paras. 2, 2A substituted for para 2 by S.I. 1990/434, reg. 2, Sch. para. 29

[^c12874111]: Sch. 1 para. 2(2) applied by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 2(5), 21, 22 (as amended by S.I. 1990/434, reg. 2, Sch. para. 34)

[^c12874121]: Words in Sch. 1 para. 2(2) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para.19

[^c12874131]: Sch. 1 paras. 3, 3A, 3B, 3C substituted for para. 3 by S.I. 1990/434, reg. 2, Sch. para. 30

[^c12874141]: 1954 c.56.

[^c12874151]: 1967 c. 9.

[^c12874181]: Sch. 1 para. 7 and cross-heading substituted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 34 (with s. 37)

[^c12874161]: Sch. 1 para. 7 and cross-heading substituted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 34 (with s. 37)

[^c12874201]: Sch. 1 para. 11 modified by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 Pt. III para. 11

[^c12874211]: Words in Sch. 1 para. 11(2) added (15.1.1999) by S.I. 1999/61, art. 2, Sch. 1 para. 3(4)

[^c18853751]: Sch.1 Pt.1 para.12 excluded (6.4.2006 for E.and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss.132,270,{Sch .7 para.18(6)(b)};S.I.2006/1060,{art.2(1)(a)}(with Sch.); S.I. 2006/1535, art.2(a) (with Sch.)

[^c18853641]: Sch.1 Pt.1 para.12 excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss.132,270, {Sch.7 para.12(5)(b)(9)}; S.I.2006/1060, art.2(1)(a) (with Sch.); S.I.2006/1535, art. 2(a) (with Sch.)

[^c18853301]: Sch. 1 Pt. 1 para.12 excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss.132,270,{Sch. 7 para.4(5)(b)};S.I.2006/1060,{art.2(1)(a)}(with Sch.);S.I.2006/1535,{art. 2(a)}(with Sch.)

[^c18771201]: Sch.1 Pt. 1 para. 12 excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 124(8) (with s. 124(9)(10)); S.I.2006/1060,{art. 2(1)(a)} (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

[^c12874891]: Sch. 1 para. 12(1)(c) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

[^c12874901]: 1980 c. 65.

[^c12874911]: Sch. 1 para. 12 (1)(da) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 28 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art, 2(1)

[^c12874921]: 1981 c. 64.

[^c12874931]: 1985 c. 51.

[^c12874941]: Sch. 1 para. 12(1)(gg) inserted (5.7.1994) by 1994 c. 19, ss. 22(2), 66(2)(b), Sch. 13 para. 31 (with ss. 54(7), 55(5), Sch. 17 paras. 22(1), 23(2))

[^c12874951]: Words in Sch. 1 para. 12(2)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 9(2) (with ss. 54(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

[^c12874961]: Sch. 1 para. 12(2)(ee) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 53 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(i)

[^c12874971]: Sch. 1 para. 12(2)(g) inserted (1.10.1994 for specified purposes, otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 62; S.I. 1994/2025, art. 6(2)(g); S.I. 1994/3262, art. 4, Sch.

[^c12874981]: Words in Sch. 1 para. 12(2)(g) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(zc)

[^c12874991]: Words in Sch. 1 para. 12(2)(g) substituted (1.4.2002) by 2001 c. 16, s. 128(1), Sch. 6 Pt. 3 para. 74; S.I. 2002/344, art. 3(k) (with art. 4)

[^c12875011]: Sch. 1 para. 12A and cross-heading preceding it inserted (11.11.1999) by 1999 c. 33, ss. 169(1), 170(3)(s), Sch. 14 para. 88

[^c12875021]: 1985 c. 68.

[^c12875001]: Sch. 1 para. 12A and cross-heading preceding it inserted (11.11.1999) by 1999 c. 33, ss. 169(1), 170(3)(s), Sch. 14 para. 88

[^c12875031]: 1977 c. 42.

[^c12875041]: 1976 c. 80.

[^c20565001]: Sch. 1 para. 12ZA inserted (1.1.2009 for E., otherwise prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 297(2), 325; S.I. 2008/3068, art. 4(11) (with arts. 6-13)

[^c18834671]: Sch. 1 para. 12B and cross-heading inserted (15.6.2005) by The Displaced Persons (Temporary Protection) Regulations 2005 (S.I. 2005/1379), Sch. para. 6

[^c12875051]: Pt. II (paras. 14–16) applied by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 2(5), 21, 22

[^c12875071]: 1925 c. 23.

[^c12875081]: Words in Sch. 1 para. 17(1)(c)(ii) substituted (1.7.1995) by 1994 c. 36, s. 21(1), Sch. 1 para. 11 (with s. 20); S.I. 1995/1317, art. 2

[^c12875091]: Words in Sch. 1 para. 18(1)(b) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

[^c12874071]: Sch. 1 modified by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 1(2), 21, 22

[^c12875101]: 1925 c. 20.

[^c12875291]: Sch. 2 Ground 6 applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 5, 21, 22

[^c12875301]: Words in Sch. 2 Pt. I Ground 6 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(13)(a)

[^c12875311]: 1977 c. 42.

[^c12875321]: 1976 c. 80.

[^c12875331]: Words in Sch. 2 Pt. I Ground 6 inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 108

[^c12875341]: Words in Sch. 2 Pt. I Ground 6 substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 108

[^c12875361]: Sch. 2 Pt. I Ground 6: definition of “registered social landlord” substituted (1.10.1996) for the definition of “registered housing association” by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(13)(b)

[^c12875371]: Words in Sch. 2 Pt. I Ground 6 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(13)(c)

[^c12875381]: Words in Sch. 2 Pt. I Ground 6 substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 30

[^c12875391]: Words in Sch. 2 Pt. I Ground 6 repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. IX; S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

[^c12875401]: Words in Sch. 2 Pt. I Ground 8 para. (a) substituted (28.2.1997) by 1996 c. 52, s. 101(a); S.I. 1997/225, art. 2

[^c12875411]: Words in Sch. 2 Pt. I Ground 8 para. (b) substituted (1.1.1997) by 1996 c. 52, s. 101(b); S.I. 1997/225, art. 2

[^c12875441]: Sch. 2 Pt. II Ground 14 substituted (28.2.1997) by 1996 c. 52, s. 148; S.I. 1997/225, art. 2 (with Sch.)

[^c12875461]: Sch. 2 Pt. II Ground 14A and cross-heading inserted (28.2.1997) by 1996 c. 52, s. 149; S.I. 1997/225, art. 2 (with Sch.)

[^c12875471]: 1985 c. 69.

[^c12875481]: 1993 c. 10.

[^c12875451]: Sch. 2 Pt. II Ground 14A and cross-heading inserted (28.2.1997) by 1996 c. 52, s. 149; S.I. 1997/225, art. 2 (with Sch.)

[^c12875491]: Pt. II Ground 16 applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 5, 21, 22

[^c12875501]: Words added by National Health and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 para. 10

[^c16725001]: Sch. 2 Pt. II Ground 16: words inserted (10.10.2002 for W. and otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 28; S.I. 2002/2532, art. 2, Sch.

[^c12875521]: Sch. 2 Pt. II Ground 17 and cross-heading inserted (28.2.1997) by 1996 c. 52, s. 102; S.I. 1997/225, art. 2 (with Sch.)

[^c12875511]: Sch. 2 Pt. II Ground 17 and cross-heading inserted (28.2.1997) by 1996 c. 52, s. 102; S.I. 1997/225, art. 2 (with Sch.)

[^c12875431]: Pt. II (Grounds 9–15) applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 5, 21, 22

[^c12875541]: 1985 c.68.

[^c12875531]: Pt. III (paras. 1–6) applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 13(5), 21, 22

[^c12875571]: Sch. 2A para. 1 inserted (28.2.1997) by 1996 c. 52, s. 96(2), Sch. 7; S.I. 1997/225, art. 2 (subject to savings in Sch.)

[^c12875581]: Sch. 2A para. 2 inserted (28.2.1997) by 1996 c. 52, s. 96(2), Sch. 7; S.I. 1997/225, art. 2 (subject to savings in Sch.)

[^c12875591]: Sch. 2A para. 3 inserted (28.2.1997) by 1996 c. 52, s. 96(2), Sch. 7; S.I. 1997/225, art. 2 (subject to savings in Sch.)

[^c12875601]: Sch. 2A para. 4 inserted (28.2.1997) by 1996 c. 52, s. 96(2), Sch. 7; S.I. 1997/225, art. 2 (subject to savings in Sch.)

[^c12875611]: Sch. 2A para. 5 inserted (28.2.1997) by 1996 c. 52, s. 96(2), Sch. 7; S.I. 1997/225, art. 2 (subject to savings in Sch.)

[^c12875621]: Sch. 2A para. 6 inserted (28.2.1997) by 1996 c. 52, s. 96(2), Sch. 7; S.I. 1997/225, art. 2 (subject to savings in Sch.)

[^c12875631]: 1989 c. 42.

[^c12875641]: Sch. 2A para. 7 inserted (23.8.1996 for certain purposes and 28.2.1997 otherwise) by 1996 c. 52, s. 96(2), Sch. 7; S.I. 1996/2212, art. 3 (subject to savings in Sch.); S.I. 1997/225, art. 2 (subject to savings in Sch.)

[^c12875651]: Sch. 2A para. 8 inserted (28.2.1997) by 1996 c. 52, s. 96(2), Sch. 7; S.I. 1997/225, art. 2 (subject to savings in Sch.)

[^c12875661]: Sch. 2A para. 9 inserted (23.8.1996 for certain purposes and 28.2.1997 otherwise) by 1996 c. 52, s. 96(2), Sch. 7; S.I. 1996/2212, art. 3 (subject to savings in Sch.); S.I. 1997/225, art. 2 (subject to savings in Sch.)

[^c12875561]: Sch. 2A inserted (28.2.1997) by 1996 c. 52, s. 96(2), Sch. 7; S.I. 1997/225, art. 2 (subject to savings in Sch.)

[^c18720711]: Sch. 2A para. 5A and cross-heading inserted (30.6.2004 for E. and 30.4.2005 for W.) by Anti-Social Behaviour Act 2003 (c. 38), ss. 15(3), 93; S.I. 2004/1502, art. 2(a)(iv); S.I. 2002/1225, art. 2(c)

[^c12875671]: 1976 c. 80.

[^c12875681]: 1977 c. 42.

[^c12875691]: 1976 c. 80.

[^c12875701]: 1977 c. 42.

[^c12875711]: Sch. 5 repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 73, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12875841]: Sch. 6 Pt. I para. 1 repealed (1.10.1996) by S.I. 1996/2325, art. 4(1)-(3), Sch. 1 Pts. I, II

[^c12875851]: Sch. 6 para. 2 repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 5

[^c12875871]: Sch. 6 para. 3 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12875891]: Sch. 6 para. 4 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12875911]: Sch. 6 para. 5 repealed (1.10.1996) (E.W.) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12875931]: Sch. 6 para. 6 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12875941]: Sch. 6 para. 7 repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12875951]: Sch. 6 para. 8 repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3) (subject to transitional provisions and savings in art. 3)

[^c12875991]: Sch. 6 para. 9 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12876031]: Sch. 6 para. 10 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12876051]: Sch. 6 para. 11 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12876071]: Sch. 6 para. 12 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12876091]: Sch. 6 para. 13 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12876111]: Sch. 6 para. 14 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12876131]: Sch. 6 para. 15 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12876151]: Sch. 6 para. 16 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12876171]: Sch. 6 para. 17 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12876191]: Sch. 6 paras. 3-6, 9-23 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12876211]: Sch. 6 para. 19 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12876231]: Sch. 6 para. 20 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12876251]: Sch. 6 para. 21 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12876271]: Sch. 6 paras. 3-6, 9-23 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.); and repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12876281]: Sch. 6 paras. 3-6, 9-23 repealed (E.W.) (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. I; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

[^c12876291]: Sch. 6 para. 25 repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12876321]: Sch. 6 para. 26 repealed (S.) (1.11.2001) by 2001 asp 10, s. 112, Sch. 10 para. 15(8); S.S.I. 2001/336, art. 2(3), Sch. Pt. II Table (subject to transitional provisions and savings in art. 3)

[^c12876331]: Sch. 6 para. 26(b) repealed (1.10.1996) by S.I. 1996/2325, art. 4, Sch. 1 Pts. I, II

[^c12876341]: Sch. 6 para. 26(c) repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4, Sch. 1 Pt. I

[^c12876351]: Sch. 6 para. 30(1)(b) and the word “and” immediately preceding it repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 5

[^c12876361]: Sch. 6 para. 31(1) repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 5

[^c12876371]: Sch. 6 para. 32 repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4, Sch. 1 Pt. I

[^c12876381]: Sch. 6 para. 36 repealed (E.W.) (1.1.1996) by S.I. 1996/2325, art. 4, Sch. 1 Pt. I

[^c12875831]: 1985 c. 69.

[^c12876391]: Words in Sch. 7 para. 8 repealed (1.10.1996) by 1996 c. 52, ss. 222, 227, Sch. 18 Pt. IV para. 22(1)(e)(3), Sch. 19 Pt. XIII; S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

[^c12876401]: Words in Sch. 7 para. 9 repealed (1.10.1996) by 1996 c. 52, ss. 222, 227, Sch. 18 Pt. IV para. 22(1)(e)(3), Sch. 19 Pt. XIII; S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

[^c12876421]: Words in Sch. 7 para. 10 repealed (1.10.1996) by 1996 c. 52, ss. 222, 227, Sch. 18 Pt. IV para. 22(1)(e)(3), Sch. 19 Pt. XIII; S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

[^c12876431]: Words in Sch. 7 para. 12(2)(5) repealed (1.10.1996) by 1996 c. 52, ss. 222, 227, Sch. 18 Pt. IV para. 22(1)(e)(3); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

[^c12876451]: 1975 c. 24.

[^c12876461]: 1983 c. 44.

[^c12876481]: Sch. 8 para. 11(2) substituted by S.I. 1991/1997, reg. 2, Sch. para. 71(a) (with reg. 4)

[^c12876491]: Words in Sch. 8 para. 11(3) omitted by virtue of S.I. 1991/1997, reg. 2, Sch. para. 71(b) (with reg. 4)

[^c12876511]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(5)(a)

[^c12876601]: Words in Sch. 9 Pt. I para. 4(b) repealed (31.10.1994) by 1994 c. 21, ss. 7, 67, Sch. 9 para. 76, Sch. 11 Pt. II (with s. 40(7)); S.I. 1994/2553, art. 2

[^c12876611]: Words in Sch. 9 Pt. I para. 4(b) repealed (6.1.1992) by British Technology Group Act 1991 (c. 66, SIF 64), s. 17(2), Sch. 2, Pt. I; S.I. 1991/2721, art. 2

[^c12876621]: Words in Sch. 9 Pt. I para. 4(b) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2

[^c12876631]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(5)(b)

[^c12876641]: 1961 c.33.

[^c12876661]: 1981 c. 67.

[^c18724591]: Words in Sch. 10 Pt. 2 para. 4 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2)(a) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c18724651]: Words in Sch. 10 Pt. 2 para. 4 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2)(b) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c18724701]: Words in Sch. 10 Pt. 2 para. 4 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2)(c) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c18725491]: Words in Sch. 10 Pt. 2 para. 4 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2)(d) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c12876671]: 1961 c. 33.

[^c18726511]: Words in Sch. 10 Pt. 2 para. 5 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2)(a) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c18727941]: Words in Sch. 10 Pt. 2 para. 5 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2)(b) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c12876681]: 1965 c. 56.

[^c12876691]: 1857 c. 81.

[^c12876701]: 1976 c. 80.

[^c12876711]: 1977 c. 42.

[^c12876741]: 1935 c. 47.

[^c12876751]: 1936 c. 5 (1 Edw. 8 & Geo. 6.)

[^c12876761]: Words in Sch. 10 para. 9(7) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 75(3)

[^c18753871]: Words in Sch. 10 Pt. 2 para. 11 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c18728031]: Words in Sch. 10 Pt. 2 para. 11 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c18753881]: Words in Sch. 10 Pt. 2 para. 11 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c18753911]: Words in Sch. 10 Pt. 2 para. 11 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c18753951]: Words in Sch. 10 Pt. 2 para. 11 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c18754001]: Words in Sch. 10 Pt. 2 para. 11 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c12876771]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(6)(a)

[^c18755401]: Words in Sch. 10 Pt. 2 para. 12 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c18755411]: Words in Sch. 10 Pt. 2 para. 12 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c18755421]: Words in Sch. 10 Pt. 2 para. 12 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c18755431]: Words in Sch. 10 Pt. 2 para. 12 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c18755451]: Words in Sch. 10 Pt. 2 para. 12 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c12876791]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 79(6)(b)

[^c18755541]: Words in Sch. 10 Pt. 2 para. 14 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c18755571]: Words in Sch. 10 Pt. 2 para. 14 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c18755551]: Words in Sch. 10 Pt. 2 para. 14 substituted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 94(2) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c18755981]: Sch. 10 Pt. 2 para. 19 repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 19(1) (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

[^c12876821]: 1965 c. 56.

[^c12876831]: 1981 c. 58.

[^c18685261]: Sch. 11 para. 2(3) repealed (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 135, 136(2), Sch. 13 (with s. 129); S.I. 2003/1725, art. 2(1)

[^c12876931]: Sch. 11 para. 4(1)(c) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 19(2); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

[^c12876941]: 1985 c. 68.

[^c12876951]: Sch 11 para. 4(4) added (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 19(3); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

[^c18775021]: Sch. 11 para. 1A and cross-heading inserted (18.1.2005) by Housing Act (c. 34), {ss. 203}, 270 (with s. 203(4))

[^c18775061]: Sch. 11 paras. 2A, 2B and cross-headings inserted (18.1.2005) by Housing Act 2004 (c. 34), ss. 204, 270 (with s. 204(3))

[^c18771601]: Sch. 11 para. 8 and cross-heading inserted (18.11.2004 for certain purposes and otherwise 18.1.2005) by Housing 2004 (c. 34), {ss. 205(1)}, 270 (with 205(2))

[^c12876961]: Sch. 12 repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. IX; S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

[^c12876991]: 1987 c. 31.

[^c12877001]: 1977 c. 42.

[^c12877011]: 1977 c. 42.

[^c12877031]: Sch. 16 wholly in force at 21.2.1992 see s. 141(2) and S.I. 1992/324, art. 2

[^c12877041]: 1987 c. 26.

[^c12877081]: 1951 c. 65.

[^c12877091]: 1967 c. 88.

[^c12877101]: 1986 c. 63.

[^c12877111]: Sch. 17 para. 18 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3(1), Sch. 1 Pt. I

[^c12877121]: 1974 c. 7.

[^c12877131]: 1974 c. 39.

[^c12877141]: 1976 c. 80.

[^c12877151]: 1977 c. 42.

[^c12877161]: 1977 c. 43.

[^c12877181]: Sch. 17 para. 27 repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1)(2), Sch. 6 Pt. I (with Sch. 4 para. 27)

[^c12877191]: 1980 c. 65.

[^c12877201]: 1980 c. 66.

[^c12877211]: 1981 c. 64.

[^c12877221]: 1981 c. 67.

[^c12877241]: Sch. 17 para. 33 repealed (E.W.) (1.10.1997) by 1996 c. 27, s. 66(3), Sch. 10 Pt. I (with Sch. 9 para. 5); S.I. 1997/1892, art. 3(d)(vi)

[^c12877251]: Sch. 17 para. 34 repealed (E.W.) (1.10.1997) by 1996 c. 27, s. 66(3), Sch. 10 (with Sch. 9 para. 5); S.I. 1997/1892, art. 3(d)(vi)

[^c12877261]: 1984 c. 28.

[^c12877271]: 1984 c. 42.

[^c12877281]: 1985 c. 51.

[^c12877301]: Sch. 17 Pt. I para. 38 repealed (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. IX; S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

[^c12877311]: Sch. 17 Pt. I para. 39 repealed (1.10.1996) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. IX; S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

[^c12877321]: Sch. 17 Pt. I para. 56 repealed (with savings) (1.10.1996) by S.I. 1996/2325, art. 4(1)-(3), Sch. 1 Pt. I

[^c12877331]: Sch. 17 Pt. I para. 57 repealed (with savings) (1.10.1996) by S.I. 1996/2325, art. 4(1)-(3), Sch. 1 Pt. I

[^c12877341]: Sch. 17 Pt. I para. 60(c) repealed (28.2.1997) by 1996 c. 52, ss. 227, 231(4)(b), Sch. 19 Pt. IV; S.I. 1997/225, art. 2 (subject to transitional provisions in Sch.)

[^c12877351]: 1985 c. 69.

[^c12877361]: 1985 c. 70.

[^c12877371]: 1986 c. 5.

[^c12877391]: Sch. 17 Pt. I para. 71 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

[^c12877401]: Sch. 17 Pt. I para. 72 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

[^c12877411]: 1986 c. 45.

[^c12877421]: 1986 c. 50.

[^c12877431]: 1987 c. 26.

[^c12877461]: Sch. 17 Pt. I para. 80 repealed (1.3.2000) by 1998 c. 29, s. 74(2), Sch. 16 Pt. I; S.I. 2000/183, art. 2

[^c12877471]: 1987 c. 41.

[^c18685461]: Sch. 17 para. 83 repealed (24.3.2003) by Proceeds of Crime Act 2000 (c. 29), ss. 457, 458(1)(3), Sch. 12; S.I. 2003/333, art. 2, Sch. (with transitional provisions and savings in arts. 10, 12)

[^c18685611]: Sch. 17 para. 84 repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 457, 458(1)(3), Sch. 12; S.I. 2003/333, art. 2, Sch. (with transitional provisions and savings in arts. 10, 12)

[^c12877491]: 1988 c. 43.

[^c12877511]: Sch. 17 Pt. II para. 91 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

[^c12877521]: 1967 c. 13.

[^c12877531]: Sch. 17 Pt. II para. 93 repealed (retrospectively) by Finance Act 1991 (c. 31, SIF 63:2), s. 123, Sch. 19 Pt. VI, Note 1

[^c12877541]: 1970 c. 10.

[^c12877551]: 1973 c. 26.

[^c12877561]: 1975 c. 24.

[^c12877571]: 1975 c. 55.

[^c12877591]: Sch. 17 Pt. II para. 97 repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV; S.I. 1998/2244, art. 4

[^c12877601]: 1976 c. 80.

[^c12877611]: 1977 c. 42.

[^c12877621]: 1977 c. 45.

[^c12877631]: 1977 c. 49.

[^c12877641]: 1980 c. 65.

[^c12877651]: 1981 c. 35.

[^c12877661]: 1985 c. 68.

[^c12877671]: Sch. 17 Pt. II para. 107 repealed (with savings) (1.10.1996) by S.I. 1996/2325, art. 4(1)-(3), Sch. 1 Pt. I

[^c12877681]: 1987 c. 31.

[^c12877691]: 1988 c. 1.

[^c12877701]: Word and Sch. 18 para. 4(c) added by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 112

[^c12865901]: Words in s. 9(5)(a) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 59(2)(a) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3

[^c12865911]: Words in s. 9(5) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 59(2)(a) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3

[^c12865921]: S. 9(5A) inserted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 59(3) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3

[^c12869351]: Ss. 50-55 amended (1.4.1997) by 1996 c. 52, ss. 28(6), 251(4)(b) (with s. 51(4)); S.I. 1997/618, art. 2 (subject to transitional provisions and savings in Sch.)

[^c12869361]: Words in s. 55(1) substituted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(8)(a)

[^c12869371]: S. 55(1)(a) repealed (1.10.1996) by 1996 c 52, s. 227, Sch. 19 Pt. I and s. 55(1)(a) expressed to be omitted (1.4.1997) by virtue of 1996 c. 52, ss. 28(5), 251(4)(b) (with s. 51(4)); S.I. 1996/2402, art. 3; S.I. 1997/618, art. 2

[^c12869381]: 1988 c. 43

[^c12869391]: Words in s. 55(2) substituted (1.10.1996 with application as mentioned in art. 5(2) of the amending S.I.) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(8)(b)

[^c12869401]: Words in s. 55(2) substituted (E.W.) (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 61 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

[^c12869411]: Words in s. 55(10)(b) substituted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 18(c)

[^c18762471]: S. 55 repealed (S.) (30.9.2002) by 2001asp 10 para. 15(5), s. 112, Sch. 10 para. 15(5); S.I. 2002/321, art. 2 (with art. 3-5)

[^c12872681]: 1985 c. 69.

[^c12872691]: 1875 c. 55.

[^c12872701]: 1906 c. 25.

[^c12872711]: 1985 c. 68.

[^c12872721]: 1986 c. 63.

[^c12872731]: 1968 c. 64.

[^c12872751]: S. 99(7)(8) added by Local Government and Housing Act 1989 (c. 42, SIF 61), 174(2)

[^c12872781]: 1954 c. 56.

[^c12872791]: 1986 c. 75.

[^c12872801]: Words in s. 101(2) inserted (1.9.1995) by 1995 c. 8, ss. 40(1), 41(2), Sch. para. 33 (with s. 37)

[^c12872811]: Word repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 174(3), 194(4), Sch. 12 Pt. II

[^c12872821]: Word and s. 103(4)(f) added by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 174(3)

[^c12872831]: S. 104(2A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 174(4)

[^c12872841]: 1925 c. 20.

[^c12872851]: Words substituted by S.I. 1990/778, art. 2, Sch. para. 2

[^c12872871]: S. 105(2) excluded (1.11.1993) by 1993 c. 28, ss. 37, 56(6), Sch. 10, para. 1(2)(d); S.I. 1993/2134, arts. 2, 5.

[^c12872881]: Words added by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 107(a)

[^c12872891]: 1985 c. 69.

[^c12872901]: Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 107(b)

[^c12872921]: S. 107(3)(c)(d) amended by S.I. 1991/2684, arts. 2(1), 4, Sch.1

[^c12872941]: 1988 c. 34.

[^c12872951]: 1875 c. 55.

[^c12872961]: 1906 c. 25.

[^c12872971]: 1938 c. xciii.

[^c12872981]: 1985 c.68.

[^c12873361]: S. 130(2) repealed by Local Government and Housing Act 1989 (c. 42, SIF 61),s. 194(4), Sch. 12 Pt. II

[^c12873951]: 1976 c. 74.

[^c12873961]: Words in s. 137(5) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2, Sch. 1 (with transitional and saving provisions in art. 3)

[^c12875721]: Word substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 110(a)

[^c12875731]: Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 110(b)

[^c12875741]: 1972 c. 11.

[^c12875751]: 1972 c. 11.

[^c12875771]: Words in Sch. 5 para. 10(1) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 41 (with ss. 191-195, 202)

[^c12875781]: Words in Sch. 5 para. 10(2) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

[^c12875791]: Words in Sch. 5 para. 11 substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1 (with transitional and saving provisions in art. 3)

[^c12876851]: 1985 c. 68.

[^c12876971]: 1925 c. 21.

[^c12876981]: 1985 c. 68.

[^c12877021]: 1985 c. 68.

[^c12877441]: 1987 c. 26.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation and publicity.

Delegation of certain functions.

Interpretation of Part II and amendments of Housing Associations Act 1985.

Application of Parts IV and V of Housing Act 1985.

Transfer by order of certain dwelling-houses let on secure tenancies.

Restriction on disposal of dwelling-houses in National Parks etc. acquired under the right to buy.

Preserved right to buy.

Preservation of right to buy on disposal to private sector landlord: Scotland.

Schemes for payments to assist local housing authority tenants to obtain other accomodation.

Financial provisions.

For the purposes of this ground, if, immediately before the grant of the tenancy, the tenant to whom it was granted or, if it was granted to joint tenants, any of them was the tenant or one of the joint tenants of the dwelling-house concerned under an earlier assured tenancy or, as the case may be, under a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applied, any reference in paragraph (b) above to the grant of the tenancy is a reference to the grant of that earlier assured tenancy or, as the case may be, to the grant of the tenancy to which the said Schedule 10 applied.

The dwelling-house was let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment.

Letting conditions applicable to improvement grants etc.

Application to Isles of Scilly.

For the purposes of this ground “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act) and “charitable housing trust” means a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, within the meaning of the Charities Act 1993.

Interpretation of Part III.

Right conferred by Part IV.

Restriction on disposal of dwelling-houses in National Parks etc. acquired under the right to buy.

Preserved right to buy.

Preservation of right to buy on disposal to private sector landlord: Scotland.

Schemes for payments to assist local housing authority tenants to obtain other accomodation.

Repair notices.

Consent required for certain subsequent disposals: Scotland.

Financial provisions.

For the purposes of this ground, if, immediately before the grant of the tenancy, the tenant to whom it was granted or, if it was granted to joint tenants, any of them was the tenant or one of the joint tenants of the dwelling-house concerned under an earlier assured tenancy or, as the case may be, under a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applied, any reference in paragraph (b) above to the grant of the tenancy is a reference to the grant of that earlier assured tenancy or, as the case may be, to the grant of the tenancy to which the said Schedule 10 applied.