Housing Act 1985
1985 c. 68
An Act to consolidate the Housing Acts (except those provisions consolidated in the Housing Associations Act 1985 and the Landlord and Tenant Act 1985), and certain related provisions, with amendments to give effect to recommendations of the Law Commission.
[30th October 1985]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
In this Act “local housing authority” means a district council, a London borough council, the Common Council of the City of London a Welsh county council or county borough councilor the Council of the Isles of Scilly.
(1) References in this Act to the district of a local housing authority are to the area of the council concerned, that is, to the district, London borough, the City of London the Welsh county or county borough,or the Isles of Scilly, as the case may be.
(2) References in this Act to “the local housing authority”, in relation to land, are to the local housing authority in whose district the land is situated.
(1) Where a building is situated partly in the district of one local housing authority and partly in the district of another, the authorities may agree that—
(a) the building, or
(b) the building, its site and any yard, garden, outhouses and appurtenances belonging to the building or usually enjoyed with it,
shall be treated for the purposes of the enactments relating to housing as situated in such one of the districts as is specified in the agreement.
(2) Whilst the agreement is in force the enactments relating to housing have effect accordingly.
(1) In this Act—
(a) “housing authority” means a local housing authority or a new town corporation;
(b) “new town corporation” means a development corporation or the new towns residuary body;
(c) “development corporation” means a development corporation established by an order made, or having effect as if made, under the New Towns Act 1981;
(d) “urban development corporation” means an urban development corporation established under Part XVI of the Local Government, Planning and Land Act 1980;
(e) “local authority” means a county, county borough, district or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly , in sections 43, 44 and 232 includes the Broads Authority, in sections 438, 441, 442, 443 and 458 includes the Broads Authority , a joint authority established by Part 4 of the Local Government Act 1985, an economic prosperity board, a combined authority, a combined county authority, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ... and the London Fire Commissioner, and in sections 45(2)(b), 50(2), 51(6), 80(1), 157(1), 171(2), . . ., 573(1), paragraph 2(1) of Schedule 1, grounds 7 and 12 in Schedule 2, ground 5 in Schedule 3, paragraph 7(1) of Schedule 4, paragraph 5(1)(b) of Schedule 5 and Schedule 16 includes . . . the Broads Authority, a police and crime commissioner Act 1996,. . . . . . . . . . . . , a joint authority established by Part 4 of the Local Government Act 1985, an economic prosperity board, a combined authority , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 , ... and the London Fire Commissioner;
(f) “ housing action trust ” means a housing action trust established under Part III of the Housing Act 1988;
(g) “ new towns residuary body ” means—
(i) in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008or the Greater London Authority so far as exercising its new towns and urban development functions; and
(ii) in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a) (i) to (iii) of the New Towns Act 1981.
(2) In this section—
“ combined authority ” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
“ economic prosperity board ” means an economic prosperity board established under section 88 of that Act;
...
(1) In this Act “housing association” means a society, body of trustees or company—
(a) which is established for the purpose of, or amongst whose objects or powers are included those of, providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of, housing accommodation, and
(b) which does not trade for profit or whose constitution or rules prohibit the issue of capital with interest or dividend exceeding such rate as may be prescribed by the Treasury, whether with or without differentiation as between share and loan capital.
(2) In this Act “fully mutual”, in relation to a housing association, means that the rules of the association—
(a) restrict membership to persons who are tenants or prospective tenants of the association, and
(b) preclude the granting or assignment of tenancies to persons other than members;
and “co-operative housing association” means a fully mutual housing association which is a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014.
(3) In this Act “self-build society” means a housing association whose object is to provide, for sale to, or occupation by, its members, dwellings built or improved principally with the use of its members’ own labour.
(4) In this Act “registered social landlord” means a housing association registered in the register maintained under section 1 of the Housing Act 1996, subject as follows.
(5) References to registered social landlords include, where the context so permits, references to housing associations registered in the register maintained by Scottish Homes under section 3 of the Housing Associations Act 1985 (Scottish registered housing associations).
In this Act “housing trust” means a corporation or body of persons which—
(a) is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation, or
(b) is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds for charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.
(1) In this Act “the Relevant Authority” means the Regulator of Social Housing, the Secretary of State or Scottish Homes, subject as follows.
(2) In relation to a housing association which is—
(a) a registered charity which has its address for the purposes of registration by the Charity Commission in Wales,
(b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 which has its registered office for the purposes of that Act in Wales, or
(c) a company registered under the Companies Act 2006 which has its registered office for the purposes of that Act in Wales,
“the Relevant Authority” means the Secretary of State.
(3) In relation to a housing association which is a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 which has its registered office for the purposes of that Act in Scotland, “the Relevant Authority” means Scottish Homes.
(4) In relation to any other housing association which is a registered charity, a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a company registered under the Companies Act 2006, “the Relevant Authority” means the Regulator of Social Housing.
(4A) This section is subject to any provision made elsewhere in this Act.
(5) In this section “registered charity” means a charity which is registered in accordance with section 30 of the Charities Act 2011 . . . .
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—
district (of a local housing authority) | section 2(1)
local housing authority | section 1, 2(2)
tenancy and tenant | section 621
(1) Every local housing authority shall consider housing conditions in their district and the needs of the district with respect to the provision of further housing accommodation.
(1A) Every—
(a) combined authority,
(b) CCA, and
(c) two-tier county council that is a strategic authority,
must consider housing conditions in its area and the needs of its area with respect to the provision of further housing accommodation.
(1B) But if a local housing authority has complied with the duty imposed by subsection (1) in relation to a part of the area of a combined authority, CCA or two-tier county council, that strategic authority—
(a) does not need to comply with the duty imposed by subsection (1A) in relation to that part of its area; and
(b) may rely on the local housing authority’s consideration of the matters referred to in subsection (1) as if it were the strategic authority’s own consideration of those matters.
(2) For the purpose of subsection (1) or (1A), a local housing authority or combined authority, CCA or county council shall review any information which has been brought to their notice, including in particular information brought to their notice as a result of the consideration of the housing conditions in their district under section 3 of the Housing Act 2004.
(3) In the case of a local housing authority in England, or a combined authority, CCA or county council, the duty under subsection (1) includes a duty to consider the needs of people residing in or resorting to their district , or area, with respect to the provision of—
(a) sites on which caravans can be stationed, or
(b) places on inland waterways where houseboats can be moored.
(4) In subsection (3)—
“caravan” has the meaning given by section 29 of the Caravan Sites and Control of Development Act 1960;
“houseboat” means a boat or similar structure designed or adapted for use as a place to live.
(1) A local housing authority , combined authority or CCA, or two-tier county council that is a strategic authority may provide housing accommodation—
(a) by erecting houses, or converting buildings into houses, on land acquired by them for the purposes of this Part, or
(b) by acquiring houses.
(2) The authority may alter, enlarge, repair or improve a house so erected, converted or acquired.
(3) These powers may equally be exercised in relation to land acquired for the purpose—
(a) of disposing of houses provided, or to be provided, on the land, or
(b) of disposing of the land to a person who intends to provide housing accommodation on it.
(4) An authority may not under this Part provide a cottage with a garden of more than one acre.
(5) Nothing in this Act shall be taken to require (or to have at any time required) an authority itself to acquire or hold any houses or other land for the purposes of this Part.
(1) A local housing authority may fit out, furnish and supply a house provided by them under this Part with all requisite furniture, fittings and conveniences.
(2) A local housing authority may sell, or supply under a hire-purchase agreement or a conditional sale agreement, furniture to the occupants of houses so provided, and may for that purpose buy furniture.
(3) In subsection (2) “conditional sale agreement” and “hire-purchase agreement” have the same meaning as in the Consumer Credit Act 1974.
(1) A local housing authority, combined authority or CCA, or two-tier county council that is a strategic authority may provide in connection with the provision of housing accommodation under this Part (whether it is provided by that authority or another authority)—
(a) facilities for obtaining meals and refreshments, and
(b) facilities for doing laundry and laundry services,
such as accord with the needs of the persons for whom the housing accommodation is provided.
(2) The authority may make reasonable charges for meals and refreshments provided by virtue of this section and for the use of laundry facilities or laundry services so provided.
(3) Where a premises licence under Part 3 of the Licensing Act 2003 authorises the sale by retail of alcohol in connection with the provision of facilities of the kind mentioned in subsection (1)(a), then, notwithstanding the terms of that licence, it does not have effect so as to authorise the sale by retail of alcohol for consumption otherwise than with a meal.
(4) An authority in carrying on activities under this section is subject to all relevant enactments and rules of law, including enactments relating to the sale of intoxicating liquor “or the sale by retail of alcohol”, in the same manner as other persons carrying on such activities.
(5) An expression used in this section and in the Licensing Act 2003 has the same meaning in this section as in that Act.
(1) A local housing authority may provide in connection with the provision of housing accommodation by them (whether or not under this Part) such welfare services, that is to say, services for promoting the welfare of the persons for whom the accommodation is so provided, as accord with the needs of those persons.
(2) The authority may make reasonable charges for welfare services provided by virtue of this section.
(3) In this section “welfare services” does not include the repair, maintenance, supervision or management of houses or other property.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A local housing authority, combined authority or CCA, or two-tier county council that is a strategic authority may, with the consent of the Secretary of State, provide and maintain in connection with housing accommodation provided under this Part (whether it is provided by that authority or another authority)—
(a) buildings adapted for use as shops,
(b) recreation grounds, and
(c) other buildings or land which, in the opinion of the Secretary of State, will serve a beneficial purpose in connection with the requirements of the persons for whom the housing accommodation is provided.
(2) The Secretary of State may, in giving his consent, by order apply, with any necessary modifications, any statutory provisions which would have been applicable if the land or buildings had been provided under any enactment giving a local authority powers for the purpose.
(3) The power conferred by subsection (1) may be exercised either by the authority themselves or jointly with another person.
(4) The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.
13 Provision of streets, roads and open spaces and development generally.
(1) A local housing authority may lay out and construct public streets or roads and open spaces on land acquired by them for the purposes of this Part.
(2) Where they dispose of land to a person who intends to provide housing accommodation on it, they may contribute towards the expenses of the development of the land and the laying out and construction of streets on it, subject to the condition that the streets are dedicated to the public.
14 Exercise of powers by authority outside district.
(1) A local housing authority may, for supplying the needs of their district, exercise outside their district the powers conferred by sections 9 to 13 (provision of housing accommodation and related powers).
(2) A district council shall before doing so give notice of their intention—
(a) to the council of the county in which their district is situated, and
(b) if they propose to exercise the power outside that county but in England, to the council of the county in which they propose to exercise the power;
but failure to give notice does not invalidate the exercise of the power.
(2A) Where a Welsh county council or county borough council propose to exercise the power in England they shall before doing so give notice of their intention to the council of the county in which they propose to exercise the power, but failure to give notice does not invalidate the exercise of the power.
(3) Where housing operations under this Part are being carried out by a local housing authority outside their own district, the authority’s power to execute works necessary for the purposes of, or incidental to the carrying out of, the operations, is subject to entering into an agreement with the council of the county, county borough, London borough or district in which the operations are being carried out, as to the terms and conditions on which the works are to be executed.
(4) Where housing operations under this Part have been carried out by a local housing authority outside their own district, and for the purposes of the operations public streets or roads have been constructed and completed by the authority, the liability to maintain the streets or roads vests in the council which is the local highway authority for the area in which the operations were carried out unless that council are satisfied that the streets or roads have not been properly constructed.
(5) Where a local housing authority carry out housing operations outside their own district, any difference arising between that authority and any authority in whose area the operations are carried out may be referred by either authority to the Secretary of State whose decision shall be final and binding on them.
(1) A London borough council may provide and maintain in connection with housing accommodation provided by them under this Part buildings or parts of buildings adapted for use for any commercial purpose.
(2) A local housing authority in Greater London may make arrangements for the rehousing of any person by another such authority; and the arrangements may include provision for the payment of contributions by the former authority to the latter.
(3) The council of an Inner London borough and the Common Council of the City of London may, for the purpose of facilitating the erection of houses in their district, suspend, alter or relax the provisions of any enactment or byelaw relating to the formation or laying out of new streets or the construction of sewers or of buildings intended for human habitation.
(4) The powers conferred by subsections (1) and (3) are exercisable only with the consent of the Secretary of State.
(1) A local housing authority , a combined authority or CCA, or a two-tier county council that is a strategic authority may for the purposes of this Part—
(a) acquire land as a site for the erection of houses,
(b) acquire houses, or buildings which may be made suitable as houses, together with any land occupied with the houses or buildings,
(c) acquire land proposed to be used for any purpose authorised by sections 11, 12 and 15(1) (facilities provided in connection with housing accommodation), and
(d) acquire land in order to carry out on it works for the purpose of, or connected with, the alteration, enlarging, repair or improvement of an adjoining house.
(2) The power conferred by subsection (1) includes power to acquire land for the purpose of disposing of houses provided, or to be provided, on the land or of disposing of the land to a person who intends to provide housing accommodation on it or facilities which serve a beneficial purpose in connection with the requirements of persons for whom housing accommodation is provided.
(3) Land may be acquired by a local housing authority , combined authority or CCA, or two-tier county council that is a strategic authority for the purposes of this Part by agreement, or they may be authorised by the Secretary of State to acquire it compulsorily.
(4) A local housing authority , combined authority or CCA, or two-tier county council that is a strategic authority may, with the consent of, and subject to any conditions imposed by, the Secretary of State, acquire land for the purposes of this Part notwithstanding that the land is not immediately required for those purposes; but a local housing authority, combined authority or CCA, or two-tier county council that is a strategic authority shall not be so authorised to acquire land compulsorily unless it appears to the Secretary of State that the land is likely to be required for those purposes within ten years from the date on which he confirms the compulsory purchase order.
(5) Section 17A makes provision about the exercise of the function of acquiring land compulsorily under an authorisation under section 17(3) conferred on a combined authority or CCA or two-tier county council that is a strategic authority.
17A Compulsory acquisition of land by strategic authorities
(1) This section applies to the exercise of the compulsory acquisition function of combined authorities, CCAs and two-tier county councils that are strategic authorities.
(2) In the case of a mayoral combined authority or mayoral CCA, the compulsory acquisition function is a function of the combined authority or CCA that is exercisable only by the mayor on behalf of the combined authority or CCA.
(3) In the case of a mayoral combined authority, before exercising the compulsory acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
(a) the constituent councils;
(b) any National Park authority;
(c) the Broads Authority.
(4) In the case of a mayoral CCA, before exercising the compulsory acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
(a) the constituent councils;
(b) any district council with the area of the CCA that is not a constituent council;
(c) any National Park authority;
(d) the Broads Authority.
(5) In the case of a non-mayoral combined authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
(a) the constituent councils;
(b) any National Park authority;
(c) the Broads Authority;
and consent of a constituent council must be given at a meeting of the combined authority.
(6) In the case of a non-mayoral CCA, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
(a) the constituent councils;
(b) any district council within the area of the CCA that is not a constituent council;
(c) any National Park authority;
(d) the Broads Authority;
and consent of a constituent council must be given at a meeting of the CCA.
(7) In the case of a two-tier county council that is a strategic authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—
(a) any district council within the area of the county council;
(b) any National Park authority;
(c) the Broads Authority.
(8) In this section “compulsory acquisition function” means the function of acquiring land compulsorily under an authorisation under section 17(3).
18 Duties with respect to buildings acquired for housing purposes.
(1) Where a local housing authority , a combined authority or CCA, or a two-tier county council that is a strategic authority acquire a building which may be made suitable as a house, they shall forthwith proceed to secure that the building is so made suitable either by themselves executing any necessary works or by leasing it or selling it to some person subject to conditions for securing that he will so make it suitable.
(2) Where a local housing authority , a combined authority or CCA, or a two-tier county council that is a strategic authority—
(a) acquire a house, or
(b) acquire a building which may be made suitable as a house and themselves carry out any necessary work as mentioned in subsection (1),
they shall, as soon as practicable after the acquisition or, as the case may be, after the completion of the necessary works, secure that the house or building is used as housing accommodation.
(1) A local housing authority may appropriate for the purposes of this Part any land for the time being vested in them or at their disposal; and the authority have the same powers in relation to land so appropriated as they have in relation to land acquired by them for the purposes of this Part.
(2) Where a local housing authority have acquired or appropriated land for the purposes of this Part, they shall not, without the consent of the Secretary of State, appropriate any part of the land consisting of a house or part of a house for any other purpose.
(3) The Secretary of State’s consent may be given—
(a) either generally to all local housing authorities or to a particular authority or description of authority, and
(b) either in relation to particular land or in relation to land of a particular description;
and it may be given subject to conditions.
(4) The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.
(1) The following provisions of this Part down to section 27BA (general provisions on housing management matters) apply in relation to all houses held by a local housing authority for housing purposes.
(2) References in those provisions to an authority’s houses shall be construed accordingly.
(1) The general management, regulation and control of a local housing authority’s houses is vested in and shall be exercised by the authority and the houses shall at all times be open to inspection by the authority.
(2) Subsection (1) has effect subject to section 27 (management agreements) and to any requirement imposed on the authority under Part 2 of the Housing and Regeneration Act 2008.
(1) A local housing authority may make byelaws for the management, use and regulation of their houses.
(2) A local housing authority may make byelaws with respect to the use of land held by them by virtue of section 12 (recreation grounds and other land provided in connection with housing), excluding land covered by buildings or included in the curtilage of a building or forming part of a highway.
(3) A local housing authority shall as respects their lodging-houses by byelaws make sufficient provision for the following purposes—
(a) for securing that the lodging-houses are under the management and control of persons appointed or employed by them for the purpose,
(b) for securing the due separation at night of men and boys above eight years old from women and girls,
(c) for preventing damage, disturbance, interruption and indecent and offensive language and behaviour and nuisances, and
(d) for determining the duties of the persons appointed by them;
and a printed copy or a sufficient abstract of the byelaws relating to lodging-houses shall be put up and at all times kept in every room in the lodging-houses.
(4) Byelaws made under this section by a local housing authority in England are to be read subject to any requirement imposed on the authority under Part 2 of the Housing and Regeneration Act 2008.
(1) A local housing authority may make such reasonable charges as they may determine for the tenancy or occupation of their houses.
(2) The authority shall from time to time review rents and make such changes, either of rents generally or of particular rents, as circumstances may require.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In exercising their functions under this section, a local housing authority in England shall have regard in particular to any relevant standards set for them under section 193 of the Housing and Regeneration Act 2008.
(5A) See also Chapter 3 of Part 4 of the Housing and Planning Act 2016 (rents for high income social tenants in England).
(6) In exercising its functions under this section, a local housing authority in Wales must—
(a) comply with any standards relating to rent or service charges which are set for it under section 111 of the Housing (Wales) Act 2014, and
(b) have regard to any guidance relating to rent or service charges which is issued under section 112 of that Act.
(1) This section applies where a house is let by a local housing authority on a weekly or other periodic tenancy which is not a secure tenancy or an introductory tenancy or a dwelling (in Wales) is let by such an authority on a weekly or other periodic tenancy which is not an occupation contract.
(2) The rent payable under the tenancy may, without the tenancy being terminated, be increased with effect from the beginning of a rental period by a written notice of increase given by the authority to the tenant.
(3) The notice is not effective unless—
(a) it is given at least four weeks before the beginning of the rental period, or any earlier day on which the payment of rent in respect of that period falls to be made,
(b) it tells the tenant of his right to terminate the tenancy and of the steps to be taken by him if he wishes to do so, and
(c) it gives him the dates by which, if in accordance with subsection (4) the increase is not to be effective, a notice to quit must be received by the authority and the tenancy be made to terminate.
(4) Where the notice is given for the beginning of a rental period and the tenancy continues into that period, the notice shall not have effect if—
(a) the tenancy is terminated by notice to quit given by the tenant in accordance with the provisions (express or implied) of the tenancy,
(b) the notice to quit is given before the end of the period of two weeks following the date on which the notice of increase is given, or such longer period as may be allowed by the notice of increase, and
(c) the date on which the tenancy is made to terminate is not later than the earliest day on which the tenancy could be terminated by a notice to quit given by the tenant on the last day of that period.
(5) In this section “rental period” means a period in respect of which a payment of rent falls to be made.
26 Financial assistance towards tenants’ removal expenses.
(1) Where a tenant of one of the houses of a local authority moves to another house (whether or not that house is also one of theirs), the authority may—
(a) pay any expenses of the removal, and
(b) where the tenant is purchasing the house, pay any expenses incurred by him in connection with the purchase, other than the purchase price.
(2) If the house belongs to the same authority subsection (1)(b) only applies if the house has never been let and was built expressly with a view to sale or for letting.
(3) The Secretary of State may give directions to authorities in general or to any particular authority—
(a) as to the expenses which may be treated (whether generally or in any particular case) as incurred in connection with the purchase of a house, and
(b) limiting the amount which they may pay in respect of such expenses.
(4) An authority may make their payment of expenses subject to conditions.
(1) A local housing authority may agree that another person shall exercise in relation to—
(a) such of the authority’s houses as are specified in the agreement, and
(b) any other land so specified which is held for a related purpose,
such of the authority’s management functions as are so specified.
(2) In this Act—
(a) “ management agreement ” means an agreement under subsection (1) or a sub-agreement, and
(b) “ manager ”, in relation to a management agreement, means a person by whom management functions are exercisable under the agreement.
(3) A management agreement shall set out the terms on which the authority’s functions are exercisable by a manager.
(4) An agreement under subsection (1) shall contain such provisions as may be prescribed by regulations made by the appropriate Minister.
(5) A management agreement may—
(a) include provision authorising a manager, with the consent of the authority, to agree that another person shall exercise any management function exercisable by the manager under the agreement;
(b) where a body or association is a manager, provide that the management functions of the body or association under the agreement may be performed by a committee, sub-committee, officer or employee of the body or association.
(6) Subject to subsection (7), the approval of the appropriate authority shall be required to—
(a) the making of any management agreement;
(b) the variation of a provision of a management agreement, if the provision is specified, or is of a description specified, by the appropriate authority in giving approval to the making of a management agreement.
(7) The appropriate authority may, in giving approval to the making of an agreement under subsection (1)—
(a) specify a moratorium period and the circumstances in which it is to apply;
(b) specify circumstances in which the appropriate authority’s approvalis not required to the making of a sub-agreement under the agreement.
(8) If a moratorium period applies in relation to a management agreement—
(a) during the moratorium period the approval of the appropriate authority is not required to the making of a sub-agreement under the agreement;
(b) any sub-agreement made under the agreement during the moratorium period without the approval of the appropriate authority is not valid unless it is approved by the appropriate authority immediately after the end of the moratorium period.
(9) A moratorium period specified under subsection (7) must not exceed 6 months.
(10) Where a sub-agreement has been made during a moratorium period without the approval of the appropriate authority, the appropriate authority may extend the moratorium period if it is satisfied that it will not give its approval to that sub-agreement immediately after the end of that period; and this subsection may apply more than once.
(11) The approval of the appropriate authority to the making of an agreement under subsection (1) or to the variation of such an agreement may be given generally or to a particular local housing authority or description of local housing authority.
(12) The approval of the appropriate authority under this section may be given—
(a) in relation to a particular case or description of case;
(b) unconditionally or subject to conditions.
(13) Subject to subsection (15)—
(a) anything done, or not done, by a manager in connection with the exercise (or purported exercise) of a relevant function shall be treated as done, or not done, by the authority;
(b) anything done, or not done, in relation to a manager in connection with the exercise (or purported exercise) of a relevant function shall be treated as done, or not done, in relation to the authority.
(14) In subsection (13) “ relevant function ” means a management function of the authority exercisable by the manager under a management agreement.
(15) Subsection (13) shall not apply—
(a) to the extent that a management agreement provides otherwise as between the parties to it; or
(b) for the purposes of any criminal proceedings brought in respect of anything done or not done by the manager.
(16) References in subsection (1) to the management functions of a local housing authority in relation to houses or land—
(a) do not include such functions as may be prescribed by regulations made by the appropriate Minister, but
(b) subject to that, include functions conferred by any statutory provision and the powers and duties of the authority as holder of an estate or interest in the houses or land in question.
(17) Regulations under this section—
(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas,
(b) may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient, and
(c) shall be made by statutory instrument which shall be subject to annulment in pursuance of—
(i) in the case of regulations made by the Secretary of State, a resolution of either House of Parliament;
(ii) in the case of regulations made by the Welsh Ministers, a resolution of the National Assembly for Wales.
(18) In this section—
“sub-agreement” means an agreement made by a manager and another person pursuant to a provision included in an agreement by virtue of subsection (5)(a);
“the appropriate authority” means—
in relation to a local housing authority in England which is a registered provider of social housing, the Regulator of Social Housing;
in relation to any other local housing authority in England, the Secretary of State;
in relation to a local housing authority in Wales, the Welsh Ministers;
“the appropriate Minister” means—
in relation to a local housing authority in England, the Secretary of State;
in relation to a local housing authority in Wales, the Welsh Ministers.
27AB Management agreements with tenant management organisations.
(1) The Secretary of State may make regulations for imposing requirements on a local housing authority in any case where a tenant management organisation serves written notice on the authority proposing that the authority should enter into a management agreement with that organisation.
(2) The regulations may make provision requiring the authority—
(a) to provide or finance the provision of such office accommodation and facilities, and such training, as the organisation reasonably requires for the purpose of pursuing the proposal;
(b) to arrange for such feasibility studies with respect to the proposal as may be determined by or under the regulations to be conducted by such persons as may be so determined;
(ba) to provide to the organisation such information or descriptions of information, in connection with the proposal, as may be prescribed in the regulations;
(bb) to take, in circumstances prescribed in the regulations, such other steps as may be so prescribed to co-operate with the organisation in connection with the proposal;
(c) to arrange for such ballots or polls with respect to the proposal as may be determined by or under the regulations to be conducted of such persons as may be so determined; and
(d) in such circumstances as may be prescribed by the regulations (which shall include the organisation becoming registered if it has not already done so), to enter into a management agreement with the organisation.
(3) The regulations may make provision with respect to any management agreement which is to be entered into in pursuance of the regulations—
(a) for determining the houses and land to which the agreement should relate, and the amounts which should be paid under the agreement to the organisation;
(b) requiring the agreement to be in such form as may be approved by the Secretary of State and to contain such provisions as may be prescribed by the regulations;
(c) requiring the agreement to take effect immediately after the expiry or other determination of any previous agreement; and
(d) where any previous agreement contains provisions for its determination by the authority, requiring the authority to determine it as soon as may be after the agreement is entered into.
(4) The regulations may also make such procedural, incidental, supplementary and transitional provisions as may appear to the Secretary of State necessary or expedient, and may in particular make provision—
(a) for particular questions arising under the regulations to be determined by the authority or the person making the regulations;
(b) for other questions so arising to be determined by an arbitrator agreed to by the parties or, in default of agreement, appointed by the Secretary of State;
(ba) setting time-limits for the carrying out of requirements under the regulations;
(c) requiring any person exercising functions under the regulations to act in accordance with any guidance or directions given by the Secretary of State; and
(d) for enabling the authority, if invited to do so by the organisation concerned, to nominate one or more persons to be directors or other officers of any tenant management organisation with whom the authority have entered into, or propose to enter into, a management agreement.
(5) Nothing in subsections (2) to (4) above shall be taken as prejudicing the generality of subsection (1).
(6) Regulations under this section—
(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7) Except as otherwise provided by regulations under this section—
(a) a local housing authority shall not enter into a management agreement with a tenant management organisation otherwise than in pursuance of the regulations; and
(b) the provisions of the regulations shall apply in relation to the entering into of such an agreement with such an organisation in place of—
(i) the provisions of regulations under section 27BA (consultation with respect to management)
(ii) in the case of secure tenants or tenants who are secure contract-holders, the provisions of section 105 (consultation on matters of housing management), . . .
(iii) . . . and
(iv) in the case of introductory tenants, the provisions of section 137 of the Housing Act 1996 (consultation on matters of housing management).
(8) In this section—
“ arbitrator ” means a member of a panel approved for the purposes of the regulations by the Secretary of State;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“contract-holder” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act);
“ previous agreement ”, in relation to an agreement entered into in pursuance of the regulations, means a management agreement , or a section 247 or 249 arrangement, previously entered into in relation to the same houses and land;
“ registered ” means registered under the Co-operative and Community Benefit Societies Act 2014 or the Companies Act 2006 ;
“section 247 or 249 arrangement” has the meaning given by section 250A(6) of the Housing and Regeneration Act 2008;
“secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 8 of that Act);
“ tenant management organisation ” means a body which satisfies such conditions as may be determined by or under the regulations.
27B Agreements with housing co-operatives under superseded provisions.
(1) In this section “housing co-operative” means a society, company or body of trustees with which a housing co-operative agreement was made, that is to say—
(a) an agreement to which paragraph 9 of Schedule 1 to the Housing Rents and Subsidies Act 1975 or Schedule 20 to the Housing Act 1980 applied or,
(b) an agreement made under section 27 above before the commencement of section 10 of the Housing and Planning Act 1986 (which substituted the present section 27).
(2) A housing co-operative agreement made with a local housing authority which is in force immediately before the commencement of section 10 of the Housing and Planning Act 1986 has effect as if made under the present section 27, so that, in particular, any terms of the agreement providing for the letting of land to the housing co-operative no longer have effect except in relation to lettings made before commencement.
(3) A housing co-operative agreement made with a new town corporation . . . which is in force immediately before the commencement of section 10 of the Housing and Planning Act 1986 remains in force notwithstanding that the present section 27 does not apply to such authorities.
(4) In this Act (except in section 27) the expressions “management agreement” and “manager”, in relation to such an agreement, include a housing co-operative agreement to which subsection (2) or (3) applies and the housing co-operative with whom the agreement is made.
(1) The Secretary of State may make regulations for imposing requirements on a local housing authority to consult tenants, or to consider representations made to them by tenants, with respect to the exercise of their management functions (including proposals as to the exercise of those functions), in relation to any of the authority’s houses or other land held for a related purpose.
(2) The regulations may include provision requiring a local housing authority to consult tenants, or consider representations made by tenants, with respect to—
(a) the terms of a written specification to be prepared by the authority of functions proposed to be exercised by the authority or another person;
(b) a proposal of the authority to exercise management functions themselves;
(c) any person whom the authority propose to invite to submit a bid to exercise any of their management functions;
(d) the standards of service for the time being achieved by the authority or (as the case may be) the person with whom they have entered into a management agreement;
(e) a proposal to enforce the standards of service required by a management agreement.
(3) The requirements imposed on a local housing authority by the regulations may include provision with respect to—
(a) the tenants to be consulted or whose representations are to be considered;
(b) the means by which consultation is to be effected (including the arrangements to be made for tenants to consider the matters on which they have been consulted);
(c) the arrangements to be made for tenants to make representations to the authority;
(d) the action to be taken by the authority where representations are made.
(4) The regulations may include provision requiring a local housing authority to consult representatives of tenants, or to consider representations made to them by such representatives, as well as (or instead of) the tenants themselves; and accordingly, references in subsections (1) to (3) above to tenants include references to such representatives.
(5) The regulations may include provision for particular questions arising under them to be determined by a local housing authority on whom they impose requirements.
(6) Nothing in subsections (2) to (5) above shall be taken as prejudicing the generality of subsection (1).
(7) Regulations under this section—
(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas,
(b) may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient, and
(c) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8) Except as otherwise provided by the regulations, in the case of secure tenants or tenants who are secure contract-holders, the provisions of the regulations shall apply in place of the provisions of section 105 (consultation on matters of housing management).
(9) Except as otherwise provided by the regulations, in the case of introductory tenants, the provisions of the regulations shall apply in place of the provisions of section 137 of the Housing Act 1996 (consultation on matters of housing management).
(10) References in this section to the management functions of a local housing authority in relation to houses or land shall be construed in the same way as references to any such functions in section 27.
28 Reserve powers to provide housing accommodation.
(1) County councils in England have the following reserve powers in relation to the provision of housing accommodation.
(2) They may undertake any activity for the purposes of, or incidental to, establishing the needs of the whole or a part of the county with respect to the provision of housing accommodation.
(3) If requested to do so by one or more local housing authorities for districts within the county, they may, with the consent of the Secretary of State, undertake on behalf of the authority or authorities the provision of housing accommodation in any manner in which they might do so.
(4) With the approval of the Secretary of State given on an application made by them, they may undertake the provision of housing accommodation in any manner in which a local housing authority for a district within the county might do so.
(5) The Secretary of State shall not give his consent under subsection (3) or his approval under subsection (4) except after consultation with the local housing authorities who appear to him to be concerned; and his consent or approval may be made subject to such conditions and restrictions as he may from time to time specify and, in particular, may include conditions with respect to—
(a) the transfer of the ownership and management of housing accommodation provided by the county council to the local housing authority, and
(b) the recovery by the county council from local housing authorities of expenditure incurred by the county council in providing accommodation.
(6) Before a county council by virtue of subsection (3) or (4) exercise outside the county any power under this Part they shall give notice to the council of the county in which they propose to exercise the power; but failure to give notice does not invalidate the exercise of the power.
29 Provision of accommodation for employees of county councils.
(1) A county council may provide houses for persons employed or paid by, or by a statutory committee of, the council.
(2) For that purpose the council may acquire or appropriate land in the same way as a local housing authority may acquire or appropriate land for the purposes of this Part; and land so acquired or appropriated may be disposed of by them in the same way as land held for the purposes of this Part.
30 Application of provisions to development corporations, etc.
(1) The following provisions apply in relation to a development corporation as they apply in relation to a local housing authority—
section 25 (increase of rent where tenancy not secure), and
section 26 (financial assistance towards tenants’ removal expenses).
(1A) Section 25 also applies in relation to the new towns residuary body as it applies in relation to a local housing authority.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .