(1) If a question arises whether the withholding of a consent required by virtue of section 97 (landlord’s consent to improvements) was unreasonable, it is for the landlord to show that it was not.
(2) In determining that question the court shall, in particular, have regard to the extent to which the improvement would be likely—
(a) to make the dwelling-house, or any other premises, less safe for occupiers,
(b) to cause the landlord to incur expenditure which it would be unlikely to incur if the improvement were not made, or
(c) to reduce the price which the dwelling-house would fetch if sold on the open market or the rent which the landlord would be able to charge on letting the dwelling-house.
(3) A consent required by virtue of section 97 may be validly given notwithstanding that it follows, instead of preceding, the action requiring it.
(4) Where a tenant has applied in writing for a consent which is required by virtue of section 97—
(a) the landlord shall if it refuses consent give the tenant a written statement of the reason why consent was refused, and
(b) if the landlord neither gives nor refuses to give consent within a reasonable time, consent shall be taken to have been withheld.
(1) Consent required by virtue of section 97 (landlord’s consent to improvements) may be given subject to conditions.
(2) If the tenant has applied in writing for consent and the landlord gives consent subject to an unreasonable condition, consent shall be taken to have been unreasonably withheld.
(3) If a question arises whether a condition was reasonable, it is for the landlord to show that it was.
(4) A failure by a secure tenant to satisfy a reasonable condition imposed by his landlord in giving consent to an improvement which the tenant proposes to make, or has made, shall be treated for the purposes of this Part as a breach by the tenant of an obligation of his tenancy.
(1) The powers conferred by this section shall be exercisable as respects cases where a secure tenant has made an improvement and—
(a) the work on the improvement was begun not earlier than the commencement of section 122 of the Leasehold Reform, Housing and Urban Development Act 1993,
(b) the landlord, or a predecessor in title of the landlord (being a local authority), has given its written consent to the improvement or is to be treated as having given its consent, and
(c) at the time when the tenancy comes to an end the landlord is a local authority and the tenancy is a secure tenancy.
(2) The Secretary of State may make regulations for entitling the qualifying person or persons (within the meaning given by section 99B)—
(a) at the time when the tenancy comes to an end, and
(b) subject to and in accordance with the regulations,
to be paid compensation by the landlord in respect of the improvement.
(3) The regulations may provide that compensation shall be not payable if—
(a) the improvement is not of a prescribed description,
(b) the tenancy comes to an end in prescribed circumstances,
(c) compensation has been paid under section 100 in respect of the improvement, or
(d) the amount of any compensation which would otherwise be payable is less than a prescribed amount;
and for the purposes of this subsection a prescribed description may be framed by reference to any circumstances whatever.
(4) The regulations may provide that the amount of any compensation payable shall not exceed a prescribed amount but, subject to that, shall be determined by the landlord, or calculated, in such manner, and taking into account such matters, as may be prescribed.
(5) 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—
(a) provide for the manner in which and the period within which claims for compensation under the regulations are to be made, and for the procedure to be followed in determining such claims,
(b) prescribe the form of any document required to be used for the purposes of or in connection with such claims,
(c) provide for questions arising under the regulations to be determined by the district valuer or the county court, and
(d) enable the landlord to set off against any compensation payable under the regulations any sums owed to it by the qualifying person or persons.
(6) Nothing in subsections (3) to (5) shall be taken as prejudicing the generality of subsection (2).
(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, and
(b) shall be made by statutory instrument which (except in the case of regulations making only such provision as is mentioned in subsection (5)(b)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8) For the purposes of this section and section 99B, a tenancy shall be treated as coming to an end if—
(a) it ceases to be a secure tenancy by reason of the landlord condition no longer being satisfied, or
(b) it is assigned, with the consent of the landlord—
(i) to another secure tenant who satisfies the condition in subsection (2) of section 92 (assignments by way of exchange), or
(ii) to an assured tenant who satisfies the conditions in subsection (2A) of that section.
(9) In this section—
(a) “ secure tenancy ” does not include a secure tenancy that is a flexible tenancy, and
(b) “ secure tenant ” does not include a tenant under a secure tenancy that is a flexible tenancy.
(1) A person is a qualifying person for the purposes of section 99A(2) if—
(a) he is, at the time when the tenancy comes to an end, the tenant or, in the case of a joint tenancy at that time, one of the tenants, and
(b) he is a person to whom subsection (2) applies.
(2) This subsection applies to—
(a) the improving tenant;
(b) a person who became a tenant jointly with the improving tenant;
(c) a person in whom the tenancy was vested, or to whom the tenancy was disposed of, under section 89 (succession to periodic tenancy) or section 90 (devolution of term certain) on the death of the improving tenant or in the course of the administration of his estate;
(d) a person to whom the tenancy was assigned by the improving tenant and who would have been qualified to succeed him if he had died immediately before the assignment;
(e) a person to whom the tenancy was assigned by the improving tenant in pursuance of an order made under—
(i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),
(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), . . .
(iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) , or
(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. )
(f) a spouse, former spouse, civil partner, former civil partner, cohabitant or former cohabitant of the improving tenant to whom the tenancy has been transferred by an order made under Schedule 1 to the Matrimonial Homes Act 1983 or Schedule 7 to the Family Law Act 1996.
(3) Subsection (2)(c) does not apply in any case where the tenancy ceased to be a secure tenancy by virtue of section 89(3) or, as the case may be, section 90(3).
(4) Where, in the case of two or more qualifying persons, one of them (“the missing person”) cannot be found—
(a) a claim under regulations made under section 99A may be made by, and compensation under those regulations may be paid to, the other qualifying person or persons; but
(b) the missing person shall be entitled to recover his share of any compensation so paid from that person or those persons.
(5) In this section “the improving tenant” means—
(a) the tenant by whom the improvement mentioned in section 99A(1) was made, or
(b) in the case of a joint tenancy at the time when the improvement was made, any of the tenants at that time.
100 Power to reimburse cost of tenant’s improvements.
(1) Where a secure tenant has made an improvement and—
(a) the work on the improvement was begun on or after 3rd October, 1980,
(b) the landlord, or a predecessor in title of the landlord, has given its written consent to the improvement or is treated as having given its consent, and
(c) the improvement has materially added to the price which the dwelling-house may be expected to fetch if sold on the open market, or the rent which the landlord may be expected to be able to charge on letting the dwelling-house,
the landlord may, at or after the end of the tenancy, make to the tenant (or his personal representatives) such payment in respect of the improvement as the landlord considers to be appropriate.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The power conferred by this section to make such payments as are mentioned in subsection (1) is in addition to any other power of the landlord to make such payments.
101 Rent not to be increased on account of tenant’s improvements.
(1) This section applies where a person (the “improving tenant”) who is or was the secure tenant of a dwelling-house has lawfully made an improvement and has borne the whole or part of its cost; and for the purposes of this section a person shall be treated as having borne any cost which he would have borne but for a renovation grant or common parts grant under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants for renewal of private sector housing).
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In determining, at any time whilst the improving tenant or his qualifying successor is a secure tenant of the dwelling-house, whether or to what extent to increase the rent, the landlord shall treat the improvement as justifying only such part of an increase which would otherwise be attributable to the improvement as corresponds to the part of the cost which was not borne by the tenant (and accordingly as not justifying an increase if he bore the whole cost).
(3) The following are qualifying successors of an improving tenant—
(a) a person in whom the tenancy was vested, or to whom the tenancy was disposed of, under section 89 (succession to periodic tenancy) or section 90 (devolution of term certain) on the death of the tenant or in the course of the administration of his estate;
(b) a person to whom the tenancy was assigned by the tenant and who would have been qualified to succeed him if he had died immediately before the assignment,
(c) a person to whom the tenancy was assigned by the tenant in pursuance of an order made under—
(i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),
(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), . . .
(iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) , or
(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. )
(d) a spouse, former spouse, civil partner, former civil partner, cohabitant or former cohabitant of the tenant to whom the tenancy has been transferred by an order made under Schedule 1 to the Matrimonial Homes Act 1983 or Schedule 7 to the Family Law Act 1996.
(4) This section does not apply to an increase of rent attributable to rates or to council tax.
(1) The terms of a secure tenancy may be varied in the following ways, and not otherwise—
(a) by agreement between the landlord and the tenant;
(b) to the extent that the variation relates to rent or to payments in respect of rates , council taxor services, by the landlord or the tenant in accordance with a provision in the lease or agreement creating the tenancy, or in an agreement varying it;
(c) in accordance with section 103 (notice of variation of periodic tenancy).
(2) References in this section and section 103 to variation include addition and deletion; and for the purposes of this section the conversion of a monthly tenancy into a weekly tenancy, or a weekly tenancy into a monthly tenancy, is a variation of a term of the tenancy, but a variation of the premises let under a tenancy is not.
(3) This section and section 103 do not apply to a term of a tenancy which—
(a) is implied by an enactment, or
(b) may be varied under section 93 of the Rent Act 1977 (housing association and other tenancies: increase of rent without notice to quit).
(4) This section and section 103 apply in relation to the terms of a periodic tenancy arising by virtue of section 86 (periodic tenancy arising on termination of a fixed term) as they would have applied to the terms of the first tenancy mentioned in that section had that tenancy been a periodic tenancy.
(1) The terms of a secure tenancy which is a periodic tenancy may be varied by the landlord by a notice of variation served on the tenant.
(2) Before serving a notice of variation on the tenant the landlord shall serve on him a preliminary notice—
(a) informing the tenant of the landlord’s intention to serve a notice of variation,
(b) specifying the proposed variation and its effect, and
(c) inviting the tenant to comment on the proposed variation within such time, specified in the notice, as the landlord considers reasonable;
and the landlord shall consider any comments made by the tenant within the specified time.
(3) Subsection (2) does not apply to a variation of the rent, or of payments in respect of services or facilities provided by the landlord or of payments in respect of rates.
(4) The notice of variation shall specify—
(a) the variation effected by it, and
(b) the date on which it takes effect;
and the period between the date on which it is served and the date on which it takes effect must be at least four weeks or the rental period, whichever is the longer.
(5) The notice of variation, when served, shall be accompanied by such information as the landlord considers necessary to inform the tenant of the nature and effect of the variation.
(6) If after the service of a notice of variation the tenant, before the date on which the variation is to take effect, gives a valid notice to quit, the notice of variation shall not take effect unless the tenant, with the written agreement of the landlord, withdraws his notice to quit before that date.
(1) Every body which lets dwelling-houses under secure tenancies shall from time to time publish information about its secure tenancies, in such form as it considers best suited to explain in simple terms, and so far as it considers it appropriate, the effect of—
(a) the express terms of its secure tenancies,
(b) the provisions of this Part . . . , and
(c) the provisions of sections 11 to 16 of the Landlord and Tenant Act 1985 (landlord’s repairing obligations),
and shall ensure that so far as is reasonably practicable the information so published is kept up to date.
(2) The landlord under a secure tenancy shall supply the tenant with—
(a) a copy of the information for secure tenants published by it under subsection (1), and
(b) a written statement of the terms of the tenancy, so far as they are neither expressed in the lease or written tenancy agreement (if any) nor implied by law;
and the statement required by paragraph (b) shall be supplied when the secure tenancy arises or as soon as practicable afterwards.
(3) A local authority which is the landlord under a secure tenancy shall supply the tenant, at least once in every relevant year, with a copy of such information relating to the provisions mentioned in subsection (1)(b) and (c) as was last published by it; and in this subsection “ relevant year ” means any period of twelve months beginning with an anniversary of the date of such publication.
105 Consultation on matters of housing management.
(1) A landlord authority shall maintain such arrangements as it considers appropriate to enable those of its secure tenants or secure contract-holders who are likely to be substantially affected by a matter of housing management to which this section applies—
(a) to be informed of the authority’s proposals in respect of the matter, and
(b) to make their views known to the authority within a specified period;
and the authority shall, before making any decision on the matter, consider any representations made to it in accordance with those arrangements.
(2) For the purposes of this section, a matter is one of housing management if, in the opinion of the landlord authority, it relates to—
(a) the management, maintenance, improvement or demolition of dwelling-houses let by the authority under secure tenancies or secure contracts, or
(b) the provision of services or amenities in connection with such dwelling-houses;
but not so far as it relates to the rent payable under a secure tenancy or secure contract or to charges for services or facilities provided by the authority.
(3) This section applies to matters of housing management which, in the opinion of the landlord authority, represent—
(a) a new programme of maintenance, improvement or demolition, or
(b) a change in the practice or policy of the authority,
and are likely substantially to affect either its secure tenants as a whole or a group of them who form a distinct social group or occupy dwelling-houses which constitute a distinct class (whether by reference to the kind of dwelling-house, or the housing estate or other larger area in which they are situated).
(4) In the case of a landlord authority which is a local housing authority, the reference in subsection (2) to the provision of services or amenities is a reference only to the provision of services or amenities by the authority acting in its capacity as landlord of the dwelling-houses concerned.
(5) A landlord authority shall publish details of the arrangements which it makes under this section, and a copy of the documents published under this subsection shall—
(a) be made available at the authority’s principal office for inspection at all reasonable hours, without charge, by members of the public, and
(b) be given, on payment of a reasonable fee, to any member of the public who asks for one.
(6) A landlord authority which is a private registered provider of social housing or a registered social landlord shall, instead of complying with paragraph (a) of subsection (5), send a copy of any document published under that subsection—
(a) to the Relevant Authority, and
(b) to the council of any district , Welsh county or county borough or London borough in which there are dwelling-houses let by the landlord authority under secure tenancies or secure contracts;
and a council to whom a copy is sent under this subsection shall make it available at its principal office for inspection at all reasonable hours, without charge, by members of the public.
(7) For the purposes of this section—
(a) secure tenants include demoted tenants within the meaning of section 143A of the Housing Act 1996;
(b) secure tenancies include demoted tenancies within the meaning of that section.
(c) secure contract-holders include prohibited conduct standard contract-holders;
(d) secure contracts include prohibited conduct standard contracts.
(1) A landlord authority shall publish a summary of its rules—
(a) for determining priority as between applicants in the allocation of its housing accommodation, and
(b) governing cases where secure tenants or secure contract-holders wish to move (whether or not by way of exchange of dwelling-houses) to other dwelling-houses let under secure tenancies or secure contracts by that authority or another body.
(2) A landlord authority shall—
(a) maintain a set of the rules referred to in subsection (1) and of the rules which it has laid down governing the procedure to be followed in allocating its housing accommodation, and
(b) make them available at its principal office for inspection at all reasonable hours, without charge, by members of the public.
(3) A landlord authority which is a private registered provider of social housing or a registered social landlord shall, instead of complying with paragraph (b) of sub-section (2), send a set of the rules referred to in paragraph (a) of that subsection—
(a) to the Relevant Authority, and
(b) to the council of any district , Welsh county or county borough or London borough in which there are dwelling-houses let or to be let by the landlord authority under secure tenancies or secure contracts;
and a council to whom a set of rules is sent under this subsection shall make it available at its principal office for inspection at all reasonable hours, without charge, by members of the public.
(4) A copy of the summary published under subsection (1) shall be given without charge, and a copy of the set of rules maintained under subsection (2) shall be given on payment of a reasonable fee, to any member of the public who asks for one.
(5) At the request of a person who has applied to it for housing accommodation, a landlord authority shall make available to him, at all reasonable times and without charge, details of the particulars which he has given to the authority about himself and his family and which the authority has recorded as being relevant to his application for accommodation.
(6) The provisions of this section do not apply to a landlord authority which is a local housing authority so far as they impose requirements corresponding to those to which such an authority is subject under section 168 of the Housing Act 1996 (provision of information about ... allocation schemes).
106A Consultation before disposal to private sector landlord.
(1) The provisions of Schedule 3A have effect with respect to the duties of—
(a) a local authority proposing to dispose of dwelling-houses subject to secure tenancies or introductory tenancies, and
(b) the Secretary of State in considering whether to give his consent 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 or introductory tenants.
(2) In relation to a disposal to which that Schedule applies under paragraph 1(1) of that Schedule, the provisions of that Schedule apply in place of the provisions of section 105 (consultation on matters of housing management) in the case of secure tenants and section 137 of the Housing Act 1996 (consultation on matters of housing management) in the case of introductory tenants.
(3) That Schedule, and this section, do not apply in relation to any disposal of an interest in land by a local authority if—
(a) the interest has been acquired by the authority (whether compulsorily or otherwise) following the making of an order for compulsory purchase under any enactment, other than section 290 (acquisition of land for clearance),
(b) the order provides that the interest is being acquired for the purpose of disposal to a private registered provider of social housing or a registered social landlord, and
(c) such a disposal is made within one year of the acquisition.
(4) In this section “registered social landlord” has the same meaning as in Part I of the Housing Act 1996.
(1) For the purposes of this Act, a flexible tenancy is a secure tenancy to which any of the following subsections applies.
(2) This subsection applies to a secure tenancy if—
(a) it is granted by a landlord in England for a term certain of not less than two years, and
(b) before it was granted the person who became the landlord under the tenancy served a written notice on the person who became the tenant under the tenancy stating that the tenancy would be a flexible tenancy.
(3) This subsection applies to a secure tenancy if—
(a) it becomes a secure tenancy by virtue of a notice under paragraph 4ZA(2) of Schedule 1 (family intervention tenancies becoming secure tenancies),
(b) the landlord under the family intervention tenancy in question was a local housing authority in England,
(c) the family intervention tenancy was granted to a person on the coming to an end of a flexible tenancy under which the person was a tenant,
(d) the notice states that the tenancy is to become a secure tenancy that is a flexible tenancy for a term certain of the length specified in the notice, and sets out the other express terms of the tenancy, and
(e) the length of the term specified in the notice is at least two years.
(4) The length of the term of a flexible tenancy that becomes such a tenancy by virtue of subsection (3) is that specified in the notice under paragraph 4ZA(2) of Schedule 1.
(5) The other express terms of the flexible tenancy are those set out in the notice, so far as those terms are compatible with the statutory provisions relating to flexible tenancies; and in this subsection “ statutory provision ” means any provision made by or under an Act.
(6) This subsection applies to a secure tenancy if—
(a) it is created by virtue of section 137A of the Housing Act 1996 (introductory tenancies becoming flexible tenancies), or
(b) it arises by virtue of section 143MA of that Act (demoted tenancies becoming flexible tenancies).
107B Review of decisions relating to flexible tenancies
(1) This section applies if a person (“the prospective landlord”)—
(a) offers to grant a flexible tenancy (whether or not on the coming to an end of an existing tenancy of any kind), or
(b) serves a notice under section 137A of the Housing Act 1996 stating that, on the coming to an end of an introductory tenancy, it will become a flexible tenancy.
(2) A person to whom the offer is made or on whom the notice is served (“ the person concerned ”) may request a review of the prospective landlord's decision about the length of the term of the tenancy.
(3) The review may only be requested on the basis that the length of the term does not accord with a policy of the prospective landlord as to the length of the terms of the flexible tenancies it grants.
(4) A request for a review must be made before the end of—
(a) the period of 21 days beginning with the day on which the person concerned first receives the offer or notice, or
(b) such longer period as the prospective landlord may in writing allow.
(5) On a request being duly made to it, the prospective landlord must review its decision.
(6) The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section.
(7) The regulations may, in particular, make provision—
(a) requiring the decision on the review to be made by a person of appropriate seniority who was not involved in the original decision, and
(b) as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom the person may be represented at such a hearing.
(8) The prospective landlord must notify the person concerned in writing of the decision on the review.
(9) If the decision is to confirm the original decision, the prospective landlord must also notify the person of the reasons for the decision.
(10) Regulations under this section—
(a) may contain transitional or saving provision;
(b) are to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) It is a term of every flexible tenancy that the tenant may terminate the tenancy in accordance with the following provisions of this section.
(2) The tenant must serve a notice in writing on the landlord stating that the tenancy will be terminated on the date specified in the notice.
(3) That date must be after the end of the period of four weeks beginning with the date on which the notice is served.
(4) The landlord may agree with the tenant to dispense with the requirement in subsection (2) or (3).
(5) The tenancy is terminated on the date specified in the notice or (as the case may be) determined in accordance with arrangements made under subsection (4) only if on that date—
(a) no arrears of rent are payable under the tenancy, and
(b) the tenant is not otherwise materially in breach of a term of the tenancy.
107D Recovery of possession on expiry of flexible tenancy
(1) Subject as follows, on or after the coming to an end of a flexible tenancy a court must make an order for possession of the dwelling-house let on the tenancy if it is satisfied that the following conditions are met.
(2) Condition 1 is that the flexible tenancy has come to an end and no further secure tenancy (whether or not a flexible tenancy) is for the time being in existence, other than a secure tenancy that is a periodic tenancy (whether or not arising by virtue of section 86).
(3) Condition 2 is that the landlord has given the tenant not less than six months' notice in writing—
(a) stating that the landlord does not propose to grant another tenancy on the expiry of the flexible tenancy,
(b) setting out the landlord's reasons for not proposing to grant another tenancy, and
(c) informing the tenant of the tenant's right to request a review of the landlord's proposal and of the time within which such a request must be made.
(4) Condition 3 is that the landlord has given the tenant not less than two months' notice in writing stating that the landlord requires possession of the dwelling-house.
(5) A notice under subsection (4) may be given before or on the day on which the tenancy comes to an end.
(6) The court may refuse to grant an order for possession under this section if—
(a) the tenant has in accordance with section 107E requested a review of the landlord's proposal not to grant another tenancy on the expiry of the flexible tenancy, and
(b) the court is satisfied that the landlord has failed to carry out the review in accordance with provision made by or under that section or that the decision on the review is otherwise wrong in law.
(7) If a court refuses to grant an order for possession by virtue of subsection (6) it may make such directions as to the holding of a review or further review under section 107E as it thinks fit.
(8) This section has effect notwithstanding that, on the coming to an end of the flexible tenancy, a periodic tenancy arises by virtue of section 86.
(9) Where a court makes an order for possession of a dwelling-house by virtue of this section, any periodic tenancy arising by virtue of section 86 on the coming to an end of the flexible tenancy comes to an end (without further notice and regardless of the period) in accordance with section 82(2).
(10) This section is without prejudice to any right of the landlord under a flexible tenancy to recover possession of the dwelling-house let on the tenancy in accordance with this Part.
(1) A request for a review of a landlord's decision to seek an order for possession of a dwelling-house let under a flexible tenancy must be made before the end of the period of 21 days beginning with the day on which the notice under section 107D(3) is served.
(2) On a request being duly made to it, the landlord must review its decision.
(3) The review must, in particular, consider whether the decision is in accordance with any policy of the landlord as to the circumstances in which it will grant a further tenancy on the coming to an end of an existing flexible tenancy.
(4) The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section.
(5) The regulations may, in particular, make provision—
(a) requiring the decision on the review to be made by a person of appropriate seniority who was not involved in the original decision, and
(b) as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom the person may be represented at such a hearing.
(6) The landlord must notify the tenant in writing of the decision on the review.
(7) If the decision is to confirm the original decision, the landlord must also notify the tenant of the reasons for the decision.
(8) The review must be carried out, and the tenant notified, before the date specified in the notice of proceedings as the date after which proceedings for the possession of the dwelling-house may be begun.
(9) Regulations under this section—
(a) may contain transitional or saving provision;
(b) are to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This section applies to secure tenants of dwelling-houses to which a heating authority supply heat produced at a heating installation.
(2) The Secretary of State may by regulations require heating authorities to adopt such methods for determining heating charges payable by such tenants as will secure that the proportion of heating costs borne by each of those tenants is no greater than is reasonable.
(3) The Secretary of State may by regulations make provision for entitling such tenants, subject to and in accordance with the regulations, to require the heating authority—
(a) to give them, in such form as may be prescribed by the regulations, such information as to heating charges and heating costs as may be so prescribed, and
(b) where such information has been given, to afford them reasonable facilities for inspecting the accounts, receipts and other documents supporting the information and for taking copies or extracts from them.
(4) 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 make such procedural, incidental, supplementary and transitional provision as appears to the Secretary of State to be necessary or expedient, and may in particular provide for any question arising under the regulations to be referred to and determined by the county court; and
(c) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) In this section—
(a) “heating authority” means a housing authority or housing action trust who operate a heating installation and supply to premises heat produced at the installation;
(b) “heating installation” means a generating station or other installation for producing heat;
(c) references to heat produced at an installation include steam produced from, and air and water heated by, heat so produced;
(d) “heating charge” means an amount payable to a heating authority in respect of heat produced at a heating installation and supplied to premises, including in the case of heat supplied to premises let by the authority such an amount payable as part of the rent;
(e) “heating costs” means expenses incurred by a heating authority in operating a heating installation.
109 Provisions not applying to tenancies of co-operative housing associations.
Sections 91 to 108 (assignment and subletting, repairs and improvements, variation of terms, provision of information and consultation, contributions to costs of transfers and heating charges) do not apply to a tenancy when the interest of the landlord belongs to a co-operative housing association.
109A Acquisition of dwelling-house subject to statutory tenancy.
Where an authority or body within section 80 (the landlord condition for secure tenancies) becomes the landlord of a dwelling-house subject to a statutory tenancy, the tenancy shall be treated for all purposes as if it were a contractual tenancy on the same terms, and the provisions of this Part apply accordingly.
(1) The county court has jurisdiction to determine questions arising under this Part and to entertain proceedings brought under this Part and claims, for whatever amount, in connection with a secure tenancy.
(2) That jurisdiction includes jurisdiction to entertain proceedings on the following questions—
(a) whether a consent required by section 92 (assignment by way of exchange) was withheld otherwise than on one or more of the grounds set out in Schedule 3,
(b) whether a consent required by section 93(1)(b) or 97(1) (landlord’s consent to subletting of part of dwelling-house or to carrying out of improvements) was withheld or unreasonably withheld, or
(c) whether a statement supplied in pursuance of section 104(2)(b) (written statement of certain terms of tenancy) is accurate,
notwithstanding that no other relief is sought than a declaration.
(3) If a person takes proceedings in the High Court which, by virtue of this section, he could have taken in the county court, he is not entitled to recover any costs.
(1) For the purposes of this Part a dwelling-house may be a house or a part of a house.
(2) Land let together with a dwelling-house shall be treated for the purposes of this Part as part of the dwelling-house unless the land is agricultural land (as defined in section 26(3)(a) of the General Rate Act 1967) exceeding two acres.
(1) A person is a member of another’s family within the meaning of this Part if—
(a) he is the spouse or civil partner of that person, or he and that person live together as if they were a married couple or civil partners, or
(b) he is that person’s parent, grandparent, child, grand-child, brother, sister, uncle, aunt, nephew or niece.
(2) For the purpose of subsection (1)(b)—
(a) a relationship by marriage or civil partnership shall be treated as a relationship by blood,
(b) a relationship of the half-blood shall be treated as a relationship of the whole blood,
(c) the stepchild of a person shall be treated as his child, and
(d) an illegitimate child shall be treated as the legitimate child of his mother and reputed father.
(1) In this Part “landlord authority” means—
a local housing authority,
a private registered provider of social housing other than a co-operative housing association,
a registered social landlord other than a co-operative housing association,
a housing trust , or which is a charity,
a development corporation,
a Mayoral development corporation,
a housing action trust, or
an urban development corporation, . . .
. . .
other than an authority in respect of which an exemption certificate has been issued.
(2) The Secretary of State may, on an application duly made by the authority concerned, issue an exemption certificate to—
a development corporation,
a housing action trust, or
an urban development corporation, . . .
. . .
if he is satisfied that it has transferred, or otherwise disposed of, at least three-quarters of the dwellings which have at any time before the making of the application been vested in it.
(3) The application shall be in such form and shall be accompanied by such information as the Secretary of State may, either generally or in relation to a particular case, direct.
(1) The following are long tenancies for the purposes of this Part, subject to subsection (2)—
(a) a tenancy granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture;
(b) a tenancy for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a tenancy by sub-demise from one which is not a long tenancy;
(c) any tenancy granted in pursuance of Part V (the right to buy) , including any tenancy granted in pursuance of that Part ... by virtue of section 17 of the Housing Act 1996 (the right to acquire).
(2) A tenancy granted so as to become terminable by notice after a death is not a long tenancy for the purposes of this Part, unless—
(a) it is granted by a housing association which at the time of the grant is a private registered provider of social housing or a registered social landlord,
(b) it is granted at a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, and
(c) at the time it is granted it complies with the requirements of the regulations then in force under section 140(4)(b) of the Housing Act 1980 or paragraph 4(2)(b) of schedule 4A to the Leasehold Reform Act 1967 (conditions for exclusion of shared ownership leases from Part I of the Leasehold Reform Act 1967) or, in the case of a tenancy granted before any such regulations were brought into force, with the first such regulations to be in force.
(1) In this Part—
“common parts”, in relation to a dwelling-house let under a tenancy, 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 let by the landlord;
“housing purposes” means the purposes for which dwelling-houses are held by local housing authorities under Part II (provision of housing) or purposes corresponding to those purposes;
“rental period” means a period in respect of which a payment of rent falls to be made;
“term”, in relation to a secure tenancy, includes a condition of the tenancy.
(2) In this Part, the following terms have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)—
(a) “contract-holder” (see section 7 (see also section 48) of that Act);
(b) “prohibited conduct standard contract” (see section 116 of that Act);
(c) “secure contract” (see section 8 of that Act).
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section or paragraph):—
assured tenancy | section 622
cemetery | section 622
charity | section 622
common parts (in relation to a dwelling-house let under a tenancy) | section 116
consent (in Schedule 3A) | paragraph 2(3) of that Schedule
co-operative housing association | section 5(2)
. . . | . . .
contract-holder | section 116
development corporation | section 4(c)
dwelling-house | section 112
family (member of) | section 113
flexible tenancy | section 107A
housing association | section 5(1)
housing authority | section 4(a)
housing purposes | section 116
housing trust | section 6
improvement | section 97(2)
introductory tenancy | section 115A
landlord (in Part V of Schedule 2) | paragraph 5 of that Part
landlord authority | section 114
local authority | section 4(e)
local housing authority | section 1, 2(2)
long tenancy | section 115
management agreement and manager | sections 27(2)and 27B(4)
new town corporation | section 4(b)
prohibited conduct standard contract | section 116
qualified to succeed (on the death of a secure tenant) | section 87
registered social landlord | section 5(4) and (5)
the Relevant Authority | section 6A
rental period | section 116
secure contract | section 116
secure tenancy | section 79
term (in relation to a secure tenancy) | section 116
urban development corporation | section 4(d)
variation (of the terms of a secure tenancy) | section 102(2)
(1) A secure tenant of a dwelling-house in England has the right to buy, that is to say, the right, in the circumstances and subject to the conditions and exceptions stated in the following provisions of this Part—
(a) if the dwelling-house is a house and the landlord owns the freehold, to acquire the freehold of the dwelling-house;
(b) if the landlord does not own the freehold or if the dwelling-house is a flat (whether or not the landlord owns the freehold), to be granted a lease of the dwelling-house.
(2) Where a secure tenancy is a joint tenancy then, whether or not each of the joint tenants occupies the dwelling-house as his only or principal home, the right to buy belongs jointly to all of them or to such one or more of them as may be agreed between them; but such an agreement is not valid unless the person or at least one of the persons to whom the right to buy is to belong occupies the dwelling-house as his only or principal home.
(3) For the purposes of this Part, a dwelling-house which is a commonhold unit (within the meaning of the Commonhold and Leasehold Reform Act 2002) shall be treated as a house and not as a flat.
(A1) The right to buy does not arise unless the period which, in accordance with Schedule 4, is to be taken into account for the purposes of this section is at least three years.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where the secure tenancy is a joint tenancy the condition in subsection (A1) ... need be satisfied with respect to one only of the joint tenants.
121 Circumstances in which the right to buy cannot be exercised.
(1) The right to buy cannot be exercised if the tenant is subject to an order of the court for possession of the dwelling-house.
(2) The right to buy cannot be exercised if the person, or one of the persons, to whom the right to buy belongs—
(a) has made a bankruptcy application that has not been determined or has a bankruptcy petition pending against him,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) is an undischarged bankrupt, ...
(d) has made a composition or arrangement with his creditors the terms of which remain to be fulfilled. or
(e) is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986).
(3) The right to buy cannot be exercised at any time during the suspension period under an order made under section 121A in respect of the secure tenancy.
121A Order suspending right to buy because of anti-social behaviour
(1) The court may, on the application of the landlord under a secure tenancy, make a suspension order in respect of the tenancy.
(2) A suspension order is an order providing that the right to buy may not be exercised in relation to the dwelling-house during such period as is specified in the order (“ the suspension period ”).
(3) The court must not make a suspension order unless it is satisfied—
(a) that the tenant, or a person residing in or visiting the dwelling-house, has engaged or threatened to engage in—
(i) conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or
(ii) conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and
(b) that it is reasonable to make the order.
(4) When deciding whether it is reasonable to make the order, the court must consider, in particular—
(a) whether it is desirable for the dwelling-house to be managed by the landlord during the suspension period; and
(b) where the conduct mentioned in subsection (3)(a) consists of conduct by a person which is capable of causing nuisance or annoyance, the effect that the conduct (or the threat of it) has had on other persons, or would have if repeated.
(5) Where a suspension order is made—
(a) any existing claim to exercise the right to buy in relation to the dwelling-house ceases to be effective as from the beginning of the suspension period, and
(b) section 138(1) shall not apply to the landlord, in connection with such a claim, at any time after the beginning of that period, but
(c) the order does not affect the computation of any period in accordance with Schedule 4.
(6) The court may, on the application of the landlord, make (on one or more occasions) a further order which extends the suspension period under the suspension order by such period as is specified in the further order.
(7) The court must not make such a further order unless it is satisfied—
(a) that, since the making of the suspension order (or the last order under subsection (6)), the tenant, or a person residing in or visiting the dwelling-house, has engaged or threatened to engage in—
(i) conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or
(ii) conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and
(b) that it is reasonable to make the further order.
(8) When deciding whether it is reasonable to make such a further order, the court must consider, in particular—
(a) whether it is desirable for the dwelling-house to be managed by the landlord during the further period of suspension; and
(b) where the conduct mentioned in subsection (7)(a) consists of conduct by a person which is capable of causing nuisance or annoyance, the effect that the conduct (or the threat of it) has had on other persons, or would have if repeated.
(9) In this section any reference to the tenant under a secure tenancy is, in relation to a joint tenancy, a reference to any of the joint tenants.
(10) In this section “housing accommodation” includes—
(a) flats, lodging-houses and hostels;
(b) any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;
(c) any common areas used in connection with the accommodation.
121AA Information to help tenants decide whether to exercise right to buy etc.
(1) Every body which lets dwelling-houses in England under secure tenancies shall prepare a document that contains information for its secure tenants about such matters as are specified in an order made by the Secretary of State.
(2) The matters that may be so specified are matters which the Secretary of State considers that it would be desirable for secure tenants to have information about when considering whether to exercise the right to buy or the right to acquire on rent to mortgage terms.
(3) The information contained in the document shall be restricted to information about the specified matters, and the information about those matters—
(a) shall be such as the body concerned considers appropriate, but
(b) shall be in a form which the body considers best suited to explaining those matters in simple terms.
(4) Once a body has prepared the document required by subsection (1), it shall revise it as often as it considers necessary in order to ensure that the information contained in it—
(a) is kept up to date so far as is reasonably practicable, and
(b) reflects any changes in the matters for the time being specified in an order under this section.
(5) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This section sets out when the document prepared by a body under section 121AA is to be published or otherwise made available.
(2) The body shall—
(a) publish the document (whether in its original or a revised form), and
(b) supply copies of it to the body’s secure tenants of dwelling-houses in England,
at such times as may be prescribed by, and otherwise in accordance with, an order made by the Secretary of State.
(3) The body shall make copies of the current version of the document available to be supplied, free of charge, to persons requesting them.
(4) The copies must be made available for that purpose—
(a) at the body’s principal offices, and
(b) at such other places as it considers appropriate,
at reasonable hours.
(5) The body shall take such steps as it considers appropriate to bring to the attention of its secure tenants of dwelling-houses in England the fact that copies of the current version of the document can be obtained free of charge from the places where, and at the times when, they are made available in accordance with subsection (4).
(6) In this section any reference to the current version of the document is to the version of the document that was last published by the body in accordance with subsection (2)(a).
(7) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.