Change 1 Article Choose an article Title and introductory text 1 Local housing authorities. 2 The district of a local housing authority 3 Buildings situated in more than one district. 4 Other descriptions of authority. 5 Housing associations. 6 Housing trusts. 6A The Corporation 7 Index of defined expressions: Part I. 8 Periodical review of housing needs. 9 Provision of housing accommodation. 10 Provision of furnishings and fittings. 11 Provision of board and laundry facilities. 11A Provision of welfare services. 12 Provision of shops, recreation grounds, etc. 13 Provision of streets, roads and open spaces and development generally. 14 Exercise of powers by authority outside district. 15 Additional powers of authorities in London. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Acquisition of land for housing purposes. 17A Compulsory acquisition of land by strategic authorities 18 Duties with respect to buildings acquired for housing purposes. 19 Appropriation of land. 20 Application of housing management provisions. 21 General powers of management. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Byelaws. 24 Rents. 25 Increase of rent where tenancy not secure. 26 Financial assistance towards tenants’ removal expenses. 27 Management agreements. 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27AB Management agreements with tenant management organisations. 27B Agreements with housing co-operatives under superseded provisions. 27BA Consultation with respect to management. 27C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Reserve powers to provide housing accommodation. 29 Provision of accommodation for employees of county councils. 30 Application of provisions to development corporations, etc. 31 Power of bodies corporate to sell or let land for housing purposes. 32 Power to dispose of land held for purposes of this Part. 33 Covenants and conditions which may be imposed. 34 Consents under ss. 32 and 33. 34A Requirements to co-operate in relation to certain disposals 35 Repayment of discount on early disposal. 35A Increase in value of house attributable to home improvements 36 Liability to repay is a charge on the premises. 36A Right of first refusal for local authority 36B Consideration payable for disposal under section 36A 37 Restriction on disposal of dwelling-houses in National Parks, etc. 38 Relevant disposals. 39 Exempted disposals. 39A Treatment of deferred resale agreements for purposes of section 35 40 Meaning of “compulsory disposal”. 41 Exempted disposals which end liability under covenants. 42 Treatment of options. 43 Consent required for certain disposals not within s. 32. 44 Avoidance of certain disposals of houses without consent. 45 Disposals in relation to which ss. 46 to 51 apply, etc. payable after disposal of house 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Limitation of service charges. 48 Information as to relevant costs. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Offences. 51 Meaning of “qualified accountant”. 52 Compliance with minimum standards in erection of houses. 53 Prefabs deemed to be houses provided under this Part. 54 Powers of entry. 55 Penalty for obstruction. 56 Minor definitions. 57 Index of defined expressions: Part II. 58 Homelessness and threatened homelessness. 59 Priority need for accommodation. 60 Becoming homeless intentionally. 61 Local connection. 62 Inquiry into cases of possible homelessness or threatened homelessness. 63 Interim duty to accommodate in case of apparent priority need. 64 Notification of decision and reasons. 65 Duties to persons found to be homeless. 66 Duties to persons found to be threatened with homelessness. 67 Referral of application to another local housing authority. 68 Duties to persons whose applications are referred. 69 Provisions supplementary to ss. 63, 65 and 68. 70 Protection of property of homeless persons and persons threatened with homelessness. 71 Guidance to authorities by the Secretary of State. 72 Co-operation between authorities. 73 Financial and other assistance for voluntary organisations concerned with homelessness. 74 False statements, withholding information and failure to disclose change of circumstances. 75 Meaning of accommodation available for occupation. 76 Application of this Part to cases arising in Scotland. 77 Minor definitions. 78 Index of defined expressions: Part III. 79 Secure tenancies. 80 The landlord condition. 81 The tenant condition. 81ZA Grant of secure tenancies in cases of domestic abuse 82 Security of tenure. 82A Demotion because of anti-social behaviour 83 Proceedings for possession or termination: general notice requirements. 83ZA Notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour 83A Additional requirements in relation to certain proceedings for possession. 84 Grounds and orders for possession. 84A Absolute ground for possession for anti-social behaviour 85 Extended discretion of court in certain proceedings for possession. 85ZA Review of decision to seek possession on absolute ground for anti-social behaviour 85A Proceedings for possession on non-absolute grounds : anti-social behaviour 86 Periodic tenancy arising on termination of fixed term. 86A Persons qualified to succeed tenant: England 87 Persons qualified to succeed tenant: Wales. 88 Cases where the tenant is a successor. 89 Succession to periodic tenancy. 90 Devolution of term certain. 91 Assignment in general prohibited. 92 Assignments by way of exchange. 93 Lodgers and subletting. 94 Consent to subletting. 95 Assignment or subletting where tenant condition not satisfied. 96 Right to have repairs carried out. 97 Tenant’s improvements require consent. 98 Provisions as to consents required by s. 97. 99 Conditional consent to improvements. 99A Right to compensation for improvements. 99B Persons qualifying for compensation. 100 Power to reimburse cost of tenant’s improvements. 101 Rent not to be increased on account of tenant’s improvements. 102 Variation of terms of secure tenancy. 103 Notice of variation of periodic tenancy. 104 Provision of information about tenancies. 105 Consultation on matters of housing management. 106 Information about housing allocation. 106A Consultation before disposal to private sector landlord. 107A Flexible tenancies 107B Review of decisions relating to flexible tenancies 107C Termination of flexible tenancy by tenant 107D Recovery of possession on expiry of flexible tenancy 107E Review of decision to seek possession 107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Heating charges 109 Provisions not applying to tenancies of co-operative housing associations. 109A Acquisition of dwelling-house subject to statutory tenancy. 110 Jurisdiction of county court. 111 County court rules and directions. 111A Introductory tenancies 112 Meaning of “dwelling-house”. 113 Members of a person’s family. 114 Meaning of “landlord authority”. 115 Meaning of “long tenancy”. 115A Meaning of “introductory tenancy”. 116 Minor definitions. 117 Index of defined expressions: Part IV 118 The right to buy. 119 Qualifying period for right to buy. 120 Exceptions to the right to buy 121 Circumstances in which the right to buy cannot be exercised. 121ZA Restriction on exercising the right to buy in Wales 121ZB Exceptions to restriction on exercising the right to buy in Wales 121A Order suspending right to buy because of anti-social behaviour 121AA Information to help tenants decide whether to exercise right to buy etc. 121B Provision of information 122 Tenant’s notice claiming to exercise right to buy. 122A Applications to suspend the right to buy etc in parts of Wales: effect on claims to exercise the right 122B Suspension of the right to buy in parts of Wales 123 Claim to share right to buy with members of family. 124 Landlord’s notice admitting or denying right to buy. 125 Landlord’s notice of purchase price and other matters. 125A Estimates and information about service charges. 125B Estimates and information about improvement contributions. 125C Reference period for purposes of ss. 125A and 125B. 125D Tenant’s notice of intention. 125E Landlord’s notice in default. 126 Purchase price. 127 Value of dwelling-house. 128 Determination of value by district valuer. 128A Determination of value: review notices 128B Review of determination of value 129 Discount. 130 Reduction of discount where previous discount given. 131 Limits on amount of discount 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Change of secure tenant after notice claiming right to buy. 137 Change of landlord after notice claiming right to buy or right to a mortgage. 138 - Duty of landlord to convey freehold or grant lease. 138A Effect of initial demolition notice served before completion 138B Effect of final demolition notice served before completion 138C Compensation where demolition notice served 139 Terms and effect of conveyance or grant and mortgage. 140 Landlord’s first notice to complete. 141 Landlord’s second notice to complete. 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142A Termination of the right to acquire on rent to mortgage terms 143 Right to acquire on rent to mortgage terms. 143A Right excluded by entitlement to housing benefit. 143B Right excluded if minimum initial payment exceeds maximum initial payment. 144 Tenant’s notice claiming right. 145 Tenant’s initial share. 146 Landlord’s notice admitting or denying right. 146A Tenant’s notice of intention. 146B Landlord’s notice in default. 147 Notice of landlord’s share and initial discount. 148 Determination of landlord’s share, initial discount etc. 149 Change of landlord after notice claiming right. 150 Duty of landlord to convey freehold or grant lease. 151 Terms and effect of conveyance or grant: general. 151A Redemption of landlord’s share. 151B Mortgage for securing redemption of landlord’s share. 152 Landlord’s first notice to complete. 153 Landlord’s second notice to complete. 153A Tenant’s notices of delay. 153B Payments of rent attributable to purchase price etc. 154 Registration of title. 155 Repayment of discount on early disposal. 155A Amount of discount which may be demanded by landlord: right to buy 155B Amount of discount which may be demanded by landlord: right to acquire on rent to mortgage terms 155C Increase attributable to home improvements 156 Liability to repay is a charge on the premises. 156A Right of first refusal for landlord etc. 157 Restriction on disposal of dwelling-houses in National Parks, etc. 158 Consideration for disposal under section 156A 159 Relevant disposals. 160 Exempted disposals. 161 Meaning of “compulsory disposal”. 162 Exempted disposals which end liability under covenants. 163 Treatment of options. 163A Treatment of deferred resale agreements for purposes of section 155 164 Secretary of State’s general power to intervene. 165 Vesting orders for purposes of s. 164. 166 Other provisions supplementary to s. 164. 167 Power to give directions as to covenants and conditions. 168 Effect of direction under s. 167 on existing covenants and conditions. 169 Power to obtain information, etc. 170 Power to give assistance in connection with legal proceedings. 171 Power to extend right to buy, etc. 171A Cases in which right to buy is preserved. 171B Extent of preserved right: qualifying persons and dwelling-houses. 171C Modifications of this Part in relation to preserved right. 171D Subsequent dealings: disposal of landlord’s interest in qualifying dwelling-house. 171E Subsequent dealings: termination of landlord’s interest in qualifying dwelling-house. 171F Subsequent dealings: transfer of qualifying person to alternative accommodation. 171G Land registration and related matters. 171H Disposal after notice claiming to exercise right to buy, etc. 172 Exclusion of leases where landlord is housing association and freeholder is a charity. 173 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 Leases granted under this Part to be treated as long leases at a low rent. 175 Determination of price payable. 176 Notices. 177 Errors and omissions in notices. 178 Costs. 179 Provisions restricting right to buy, etc. of no effect. 180 Statutory declarations. 181 Jurisdiction of county court. 182 Power to repeal or amend local Acts. 183 Meaning of “house”, “flat” and “dwelling-house”. 184 Land let with or used for purposes of dwelling-house. 185 Meaning of “secure tenancy” and “secure tenant”. 186 Members of a person’s family. 187 Minor definitions. 188 Index of defined expressions: Part V 189 Repair notice in respect of unfit dwelling-house. 190 Repair notice in respect of dwelling-houseor house in multiple occupation in state of disrepair but not unfit. 190A Effect on section 189 of proposal to include premises in group repair scheme. 191 Appeals against repair notices. 191A Execution of works by local housing authority by agreement 192 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 Power of local housing authority to execute works. 194 Notice of authority’s intention to execute works. 195 Power of court to order occupier or owner to permit things to be done. 196 Power of court to authorise owner to execute works on default of another owner. 197 Powers of entry. 198 Penalty for obstruction. 198A Penalty for failure to execute works. 199 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Owner not in receipt of rents, &c. to receive notice of proceedings. 203 Saving for rights arising from breach of covenant, &c. 204 Effect of approved proposals for re-development. 205 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 Minor definitions. 208 Index of defined expressions: Part VI. 209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239 Declaration of housing action area. 240 Steps to be taken after declaration of housing action area. 241 Functions of Secretary of State with respect to declaration of housing action area. 242 Incorporation into housing action area of land comprised in general improvement area. 243 General powers of local housing authority. 244 Environmental works. 245 Contributions by Secretary of State. 246 Duty to publish information. 247 Changes of ownership or occupation of land to be notified to local housing authority. 248 Form and contents of notification under s. 247. 249 Penalty for failure to notify, &c. 250 Exclusion of land from, or termination of, housing action area. 251 Extension of duration of housing action area. 252 Meaning of “housing accommodation” and related expressions. 253 Declaration of general improvement area. 254 Steps to be taken after declaration. 255 General powers of local housing authority. 256 Power to apply for orders extinguishing right to use vehicles on highway. 257 Duty to publish information. 258 Exclusion of land from, or termination of, general improvement area. 259 Contributions by Secretary of State. 259A Effect of resolutions relating to housing action area or general improvement area. 259B Effect of certain resolutions passed before commencement of s. 259A. 260 Powers of entry. 261 Penalty for obstruction. 262 Minor definitions. 263 Index of defined expressions: Part VIII 264 Power to make closing order. 265 Demolition orders 266 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267 Content of demolition . . . . 268 Service of copies of demolition order. 269 Right of appeal against order. 269A Appeals suggesting certain other courses of action 270 Demolition orders: recovery of possession of building to be demolished. 271 Demolition orders: execution of order. 272 Demolition orders: expenses of local housing authority, &c. 273 Demolition orders: cleansing before demolition. 274 Demolition orders: power to permit reconstruction of condemned house. 274A Effect of certain enforcement action under the Housing Act 2004 275 Demolition orders: substitution of prohibition order to permit use otherwise than for human habitation 276 Closing orders: recovery of possession of house. 277 Closing orders: enforcement. 278 Closing orders: determination of order on premises being rendered fit. 279 Closing orders: substitution of demolition order. 280 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283 Buildings liable to be demolished as “obstructive buildings”. 284 Obstructive building order. 285 Right of appeal against obstructive building order. 286 Obstructive building order: recovery of possession of building to be demolished. 287 Execution of obstructive building order. 288 Obstructive buildings: expenses of local housing authority, &c. 289 Declaration of clearance area. 290 Acquisition of land for clearance. 291 Method of dealing with land acquired for clearance. 292 Power to discontinue proceedings if acquisition of land proves unnecessary. 293 Property belonging to the local housing authority. 294 Extinguishment of public rights of way over land acquired. 295 Extinguishment of other rights over land acquired. 296 Apparatus of statutory undertakers. 297 Procedure for removal or alteration of apparatus under s. 296. 298 Electronic communications apparatus 299 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 Purchase of houses liable to be demolished or to be subject to a prohibition order. 301 Retention of houses acquired for clearance. 302 Management and repair of houses acquired under s. 300 or retained under s. 301 303 Meaning of “listed building”. 304 Demolition order not to be made in respect of listed building . 305 Building becoming listed when subject to compulsory purchase for clearance. 306 Building becoming listed when acquired by agreement for clearance. 307 Saving for rights arising from breach of covenant, &c. 308 Approval of owner’s proposals for redevelopment. 309 Recovery of possession of premises for purposes of approved re-development. 310 Certificate of fitness resulting from owner’s improvements or alterations. 311 Consideration of proposals under s. 308 or s. 310 with respect to premises in clearance area. 312 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315 Power of court to order occupier or owner to permit things to be done. 316 Power of court to authorise owner to demolish premises on default of another owner. 317 Power of court to determine lease where premises demolished . . . . 318 Power of tribunal to authorise execution of works on unfit premises or for improvement. 319 Powers of entry. 320 Penalty for obstruction. 321 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322 Minor definitions. 323 Index of defined expressions: Part IX. 324 Definition of overcrowding. 325 The room standard. 326 The space standard. 327 Penalty for occupier causing or permitting overcrowding. 328 Exception:children attaining age of 1 or 10. 329 Exception; visiting member of family. 330 Licence of local housing authority. 331 Penalty for landlord causing or permitting overcrowding. 332 Information to be contained in rent book. 333 Duty to inform local housing authority of overcrowding. 334 Duty to inspect, report and prepare proposals. 335 Power to require information about persons sleeping in dwelling. 336 Power to require production of rent book. 337 Power of entry to determine permitted number of persons. 338 Notice to abate overcrowding. 339 Enforcement of this Part. 340 Powers of entry. 341 Penalty for obstruction. 342 Meaning of “suitable alternative accommodation”. 343 Minor definitions. 344 Index of defined expressions:Part X 345 Meaning of “multiple occupation”. 346 Registration schemes. 346A Contents of registration scheme. 346B Model schemes and confirmation of schemes. 347 Control provisions. 348 Control provisions: decisions on applications and appeals. 348A Control provisions: other decisions and appeals. 348B Special control provisions. 348C Special control provisions: general provisions as to decisions and appeals. 348D Special control provisions: occupancy directions. 348E Special control provisions: decisions and appeals relating to occupancy directions. 348F Special control provisions: “relevant management failure”. 348G Offences in connection with registration schemes. 349 Steps required to inform public about schemes. 350 Power to require information for purposes of scheme. 351 Proof of scheme and contents of register. 352 Power to require execution of works to render premises fit for number of occupants. 352A Recovery of expenses of notice under s.352. 353 Appeal against notice under s. 352. 354 Power to limit number of occupants of house. 355 Effect of direction under s. 354. 356 Power to require information about occupation of house. 357 Revocation or variation of direction under s. 354. 358 Service of overcrowding notice. 359 Contents of overcrowding notice. 360 Requirement as to overcrowding generally. 361 Requirement as to new residents. 362 Appeal against overcrowding notice. 363 Revocation and variation of notice. 364 Power to require information where notice in force. 365 Means of escape from fire; general provisions as to exercise powers. 366 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368 Means of escape from fire: power to secure that part of house not used for human habitation. 369 The management code. 370 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372 Power to require execution of works to remedy neglect of management. 373 Appeal against notice under s. 372. 374 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375 Carrying out of works by local housing authority. 376 Penalty for failure to execute works. 377 Powers of court to facilitate execution of works, &c. 377A Works notices: improvement of enforcement procedures. 378 Provisions for protection of owners. 379 Making of control order. 380 Modification of control order where proprietor resides in part of house. 381 General effect of control order. 382 Effect of control order on persons occupying house. 383 Effect of control order in relation to furniture in case of furnished letting. 384 Appeal against control order. 385 General duties of local housing authority when control order is in force. 386 Duty to prepare management scheme. 387 Right of entry for inspection and carrying out of works. 388 Power to supply furniture and fittings. 389 Compensation payable to dispossessed proprietor. 390 Facilities to be afforded to dispossessed proprietor and others. 391 Power of court to modify or determine lease. 392 Expiry or revocation of control order. 393 Appeal against refusal to revoke control order. 394 Cessation of control order. 395 Powers of entry. 395A Codes of practice. 396 Penalty for obstruction. 397 Warrant to authorise entry. 398 Meaning of “lessee”, “owner”, “person, having control” and similar expressions. 399 Minor definitions. 400 Index of defined expressions: Part XI. 401 Meaning of “common lodging house”. 402 No person to keep a common lodging house unless registered. 403 Register of common lodging house keepers and their houses. 404 Provisions with respect to registration. 405 Appeals against refusal of registration. 406 Byelaws as to common lodging houses. 407 Management and control of common lodging houses. 408 Offences. 409 Power of court on conviction to cancel registration and to disqualify for re-registration 410 Duty of local housing authority to enforce this Part. 411 Powers of entry. 412 Penalty for obstruction. 413 Restriction on right to prosecute. 414 Evidence in legal proceedings. 415 Power to apply provisions to Crown property 416 Index of defined expressions: Part XII. 417 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421 Housing subsidy. 422 Calculation of housing subsidy for local housing authorities. 423 The base amount. 424 The housing costs differential. 425 The local contribution differential. 426 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427 Recoupment of subsidy in certain cases. 427A Entitlement to subsidy in case of land subject to management agreement. 428 Continuance of certain powers to borrow for housing purposes. 429 The improvement for sale scheme. 429A Housing management: financial assistance etc. 430 431 Control of expenditure by housing authorities on works of conversion or improvement. 432 Superseded contributions, subsidies, grants, and other financial matters. 433 Minor definitions. 434 Index of defined expressions: Part XIII. 435 Power of local authorities to advance money. 436 Terms of advance. 437 Power of local authority on disposal to leave amount outstanding on mortgage. 438 Local authority mortgage interest rates. 439 Requirements as to fitness of premises, &c. 440 Deposits in respect of maintenance or repair of mortgaged premises. 441 Waiver or reduction of payments in case of property requiring repair or improvement. 442 Agreement by local authority to indemnify mortgagee. 443 Local authority contributions to mortgage costs. 444 Relevant advances for the purposes of section 443. 445 Advances to recognised lending institutions to assist first-time buyers. 446 Forms of assistance and qualifying conditions. 447 Recognised lending institutions. 448 Recognised savings institutions. 449 Terms of advances and administration. 450 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450A Right to a loan in certain cases after exercise of right to buy. 450B Power to make loans in other cases. 450C Supplementary provisions as to regulations under s. 450A or 450B. 450D Purchase of equitable interests 451 Local loans made by the Treasury. 452 Vesting of house in authority entitled to exercise power of sale. 453 Further advances in case of disposal on shared ownership lease. 454 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456 Advances under the Small Dwellings Acquisition Acts. 457 Meaning of “house” and “house property”. 458 Minor definitions. 459 Index of defined expressions: Part XIV. 460 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 521 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 523 Assistance for provision of separate service pipe for water supply. 524 Contributions under superseded enactments. 525 Minor definitions. 526 Index of defined expressions: Part XV 527 Eligibility for assistance. 528 Designation of defective dwellings by Secretary of State. 529 Variation or revocation of designation. 530 Meaning of “relevant interest”. 531 Conditions of eligibility: disposal by public sector authority, &c. 532 Construction of references to disposal, &c. 533 Exceptions to eligibility. 534 Application for assistance. 535 Application not to be entertained where grant application pending or approved. 536 Determination of eligibility. 537 Determination of form of assistance to which applicant is entitled. 538 Conditions for assistance by way of reinstatement grant. 539 Meaning of “work required for reinstatment” and “associated arrangement”. 540 Notice of determination. 541 Reinstatement grant. 542 Conditions of payment of reinstatement grant. 543 Amount of reinstatement grant. 544 Changes in work or expenditure. 545 Payment of reinstatement grant. 546 Repayment of grant for breach of condition. 547 Repurchase. 548 Repurchase by authority other than local housing authority. 549 Interest subject to right of pre-emption &c. 550 Compulsory purchase compensation to be made up to 95 per cent of defect-free value. 551 Supplementary provisions as to payments under s. 549 or 550. 552 Reimbursement of expenses incidental to repurchase. 553 Effect of repurchase on certain existing tenancies (England) 553A Effect of repurchase on certain existing tenancies (Wales) 554 Grant of tenancy to former owner-occupier. 555 Grant of tenancy to former statutory tenant. 556 Alternative accommodation under s. 554 or 555, 557 Request for tenancy under s. 554 or 555. 558 Interpretation of ss. 553 to 557. 559 Designation of defective dwellings under local schemes. 560 Variation or revocation of designation under local scheme. 561 Secretary of State’s control over designation, variation or revocation. 562 Duty of local housing authority to publicise availability of assistance. 563 Duties of public sector authority disposing of defective dwelling. 564 Reinstatement of defective dwelling by local housing authority. 565 Death of person eligible for assistance, &c. 566 Dwellings included in more than one designation. 567 Modifications of this Part in relation to shared ownership leases. 568 Extension of assistance to mortgagees. 569 Contributions by Secretary of State. 570 Power to vary relevant percentage. 571 Service of notices. 572 Jurisdiction of county court. 573 Meaning of “public sector authority”. 574 Disposal of certain Crown interests in land treated as disposal by public sector authority. 575 Meaning of “dwelling” and “house”. 576 Meaning of “lending institution”. 577 Index of defined expressions: Part XVI. 578 General enactments relating to compulsory purchase, &c., apply subject to this Part. 578A Modification of compulsory purchase order in case of acquisition of land for clearance. 579 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 580 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 582 Restriction on recovery of possession after making of compulsory purchase order. 583 Continuance of tenancies of housees compulsorily acquired and to be used for housing purposes. 584 Power to enter and determine short tenancies of land acquired or appropriated. 584A Compensation payable in case of prohibition and demolition orders. 584B Repayment on revocation of demolition or prohibition order. 585 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 593 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 596 Power to compensate shop-keepers in areas affected by clearance. 597 Compensation payable on demolition of obstructive building. 598 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 599 Application of compensation due to another local authority. 600 Powers of entry. 601 Penalty for obstruction. 602 Minor definitions. 603 Index of defined expressions: Part XVII. 604 Fitness for human habitation. 604A Authority to consider guidance given by Secretary of State in deciding whether to take action under Section 189, Section 264, Section 265 or Section 289. 605 Consideration by local housing authority of housing conditions in their district. 606 Reports on particular houses or areas. 607 Local housing authority to have regard to environmental considerations. 608 Acquisition of ancient monuments, &c. 609 Enforcement of covenants against owner for the time being. 610 Power of court to authorise conversion of premises into flats. 611 Removal or alteration of apparatus of statutory undertakers. 612 Exclusion of Rent Act protection. 613 Liability of directors, &c. in case of offence by body corporate. 614 Power to prescribe forms &c. 615 Dispensation with advertisements and notices. 616 Local inquiries. 617 Service of notices. 618 The Common Council of the City of London. 619 The Inner and Middle Temples. 620 The Isles of Scilly. 621 Meaning of “lease” and “tenancy” and related expressions. 621A Meaning of “service charge” and related expressions. 622 Minor definitions: general. 623 Minor definitions: Part XVIII 624 Index of defined expressions: Part XVIII. 625 Short title, commencement and extent. SCHEDULE 1 Tenancies which are not Secure Tenancies SCHEDULE 2 Grounds for Possession of Dwelling-Houses Let underSecure Tenancies SCHEDULE 2A Absolute ground for possession for anti-social behaviour: serious offences SCHEDULE 3 Grounds for Withholding Consent to Assignment by Way of Exchange SCHEDULE 3A Consultation before Disposal to Private Sector Landlord SCHEDULE 4 Qualifying Period for Right to Buy and Discount SCHEDULE 5 Exceptions to the Right to Buy SCHEDULE 5A Initial demolition notices SCHEDULE 6 Conveyance of Freehold and Grant of Lease in Pursuance of Right to Buy Schedule 6A REDEMPTION OF LANDLORD’S SHARE SCHEDULE 7 . . . SCHEDULE 8 . . . SCHEDULE 9 . . . SCHEDULE 10 SCHEDULE 11 . . . SCHEDULE 12 . . . SCHEDULE 13 SCHEDULE 14 . . . SCHEDULE 15 Superseded Contributions, Grants, Subsidies, &c. SCHEDULE 16 Local Authority Mortgage Interest Rates SCHEDULE 17 Vesting of Mortgaged House in Authority Entitled to Exercise Power of Sale SCHEDULE 18 Provisions with Respect to Advances under the Small Dwellings Acquisition Acts 1899 to 1923 SCHEDULE 19 Contributions Under Superseded Enactments SCHEDULE 20 Assistance by Way of Repurchase SCHEDULE 21 Dwellings Included in More Than One Designation SCHEDULES 22—24. . . . TABLE OF DERIVATIONS
What to do with it
As published
36 Liability to repay is a charge on the premises.
(1) The liability that may arise under the covenant required by section 35 is a charge on the house, taking effect as if it had been created by deed expressed to be by way of legal mortgage.
(2) Subject to subsections (2A) and (2B), the charge has priority immediately after any legal charge securing an amount—
(a) left outstanding by the purchaser, or
(b) advanced to him by an approved lending institution for the purpose of enabling him to acquire the interest disposed of on the first disposal.
(2A) The following, namely—
(a) any advance which is made otherwise than for the purpose mentioned in subsection (2)(b) and is secured by a legal charge having priority to the charge taking effect by virtue of this section, and
(b) any further advance which is so secured,
shall rank in priority to that charge if, and only if, the local authority by written notice served on the institution concerned gives their consent; and the local authority shall so give their consent if the purpose of the advance or further advance is an approved purpose.
(2B) The local authority may at any time by written notice served on an approved lending institution postpone the charge taking effect by virtue of this section to any advance or further advance which—
(a) is made to the purchaser by that institution, and
(b) is secured by a legal charge not having priority to that charge;
and the local authority shall serve such a notice if the purpose of the advance or further advance is an approved purpose.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) The covenant required by section 35 (covenant for repayment of discount) does not, by virtue of its binding successors in title of the purchaser, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of this section, or a person deriving title under him; and a provision of the conveyance, grant or assignment, or of a collateral agreement, is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with the covenant.
(4) The approved lending institutions for the purposes of this section are—
an authorised deposit taker
an authorised insurer
an authorised mortgage lender.
(5) The approved purposes for the purposes of this section are—
(a) to enable the purchaser to defray, or to defray on his behalf, any of the following—
(i) the cost of any works to the house,
(ii) any service charge payable in respect of the house for works, whether or not to the house, and
(iii) any service charge or other amount payable in respect of the house for insurance, whether or not of the house, and
(b) to enable the purchaser to discharge, or to discharge on his behalf, any of the following—
(i) so much as is still outstanding of any advance or further advance which ranks in priority to the charge taking effect by virtue of this section,
(ii) any arrears of interest on such an advance or further advance, and
(iii) any costs and expenses incurred in enforcing payment of any such interest, or repayment (in whole or in part) of any such advance or further advance.
(6) Where different parts of an advance or further advance are made for different purposes, each of those parts shall be regarded as a separate advance or further advance for the purposes of this section.
Your wording
Your change, as a redline
36 Liability to repay is a charge on the premises.
(1) The liability that may arise under the covenant required by section 35 is a charge on the house, taking effect as if it had been created by deed expressed to be by way of legal mortgage.
(2) Subject to subsections (2A) and (2B), the charge has priority immediately after any legal charge securing an amount—
(a) left outstanding by the purchaser, or
(b) advanced to him by an approved lending institution for the purpose of enabling him to acquire the interest disposed of on the first disposal.
(2A) The following, namely—
(a) any advance which is made otherwise than for the purpose mentioned in subsection (2)(b) and is secured by a legal charge having priority to the charge taking effect by virtue of this section, and
(b) any further advance which is so secured,
shall rank in priority to that charge if, and only if, the local authority by written notice served on the institution concerned gives their consent; and the local authority shall so give their consent if the purpose of the advance or further advance is an approved purpose.
(2B) The local authority may at any time by written notice served on an approved lending institution postpone the charge taking effect by virtue of this section to any advance or further advance which—
(a) is made to the purchaser by that institution, and
(b) is secured by a legal charge not having priority to that charge;
and the local authority shall serve such a notice if the purpose of the advance or further advance is an approved purpose.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) The covenant required by section 35 (covenant for repayment of discount) does not, by virtue of its binding successors in title of the purchaser, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of this section, or a person deriving title under him; and a provision of the conveyance, grant or assignment, or of a collateral agreement, is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with the covenant.
(4) The approved lending institutions for the purposes of this section are—
an authorised deposit taker
an authorised insurer
an authorised mortgage lender.
(5) The approved purposes for the purposes of this section are—
(a) to enable the purchaser to defray, or to defray on his behalf, any of the following—
(i) the cost of any works to the house,
(ii) any service charge payable in respect of the house for works, whether or not to the house, and
(iii) any service charge or other amount payable in respect of the house for insurance, whether or not of the house, and
(b) to enable the purchaser to discharge, or to discharge on his behalf, any of the following—
(i) so much as is still outstanding of any advance or further advance which ranks in priority to the charge taking effect by virtue of this section,
(ii) any arrears of interest on such an advance or further advance, and
(iii) any costs and expenses incurred in enforcing payment of any such interest, or repayment (in whole or in part) of any such advance or further advance.
(6) Where different parts of an advance or further advance are made for different purposes, each of those parts shall be regarded as a separate advance or further advance for the purposes of this section.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.