Law

Housing Act 1985

United Kingdom · statute

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In force since 2026-10-26, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 645 provisions
  1. Title and introductory text
  2. 1 Local housing authorities.
  3. 2 The district of a local housing authority
  4. 3 Buildings situated in more than one district.
  5. 4 Other descriptions of authority.
  6. 5 Housing associations.
  7. 6 Housing trusts.
  8. 6A The Corporation
  9. 7 Index of defined expressions: Part I.
  10. 8 Periodical review of housing needs.
  11. 9 Provision of housing accommodation.
  12. 10 Provision of furnishings and fittings.
  13. 11 Provision of board and laundry facilities.
  14. 11A Provision of welfare services.
  15. 12 Provision of shops, recreation grounds, etc.
  16. 13 Provision of streets, roads and open spaces and development generally.
  17. 14 Exercise of powers by authority outside district.
  18. 15 Additional powers of authorities in London.
  19. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  20. 17 Acquisition of land for housing purposes.
  21. 17A Compulsory acquisition of land by strategic authorities
  22. 18 Duties with respect to buildings acquired for housing purposes.
  23. 19 Appropriation of land.
  24. 20 Application of housing management provisions.
  25. 21 General powers of management.
  26. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  27. 23 Byelaws.
  28. 24 Rents.
  29. 25 Increase of rent where tenancy not secure.
  30. 26 Financial assistance towards tenants’ removal expenses.
  31. 27 Management agreements.
  32. 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  33. 27AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  34. 27AB Management agreements with tenant management organisations.
  35. 27B Agreements with housing co-operatives under superseded provisions.
  36. 27BA Consultation with respect to management.
  37. 27C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  38. 28 Reserve powers to provide housing accommodation.
  39. 29 Provision of accommodation for employees of county councils.
  40. 30 Application of provisions to development corporations, etc.
  41. 31 Power of bodies corporate to sell or let land for housing purposes.
  42. 32 Power to dispose of land held for purposes of this Part.
  43. 33 Covenants and conditions which may be imposed.
  44. 34 Consents under ss. 32 and 33.
  45. 34A Requirements to co-operate in relation to certain disposals
  46. 35 Repayment of discount on early disposal.
  47. 35A Increase in value of house attributable to home improvements
  48. 36 Liability to repay is a charge on the premises.
  49. 36A Right of first refusal for local authority
  50. 36B Consideration payable for disposal under section 36A
  51. 37 Restriction on disposal of dwelling-houses in National Parks, etc.
  52. 38 Relevant disposals.
  53. 39 Exempted disposals.
  54. 39A Treatment of deferred resale agreements for purposes of section 35
  55. 40 Meaning of “compulsory disposal”.
  56. 41 Exempted disposals which end liability under covenants.
  57. 42 Treatment of options.
  58. 43 Consent required for certain disposals not within s. 32.
  59. 44 Avoidance of certain disposals of houses without consent.
  60. 45 Disposals in relation to which ss. 46 to 51 apply, etc. payable after disposal of house
  61. 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  62. 47 Limitation of service charges.
  63. 48 Information as to relevant costs.
  64. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  65. 50 Offences.
  66. 51 Meaning of “qualified accountant”.
  67. 52 Compliance with minimum standards in erection of houses.
  68. 53 Prefabs deemed to be houses provided under this Part.
  69. 54 Powers of entry.
  70. 55 Penalty for obstruction.
  71. 56 Minor definitions.
  72. 57 Index of defined expressions: Part II.
  73. 58 Homelessness and threatened homelessness.
  74. 59 Priority need for accommodation.
  75. 60 Becoming homeless intentionally.
  76. 61 Local connection.
  77. 62 Inquiry into cases of possible homelessness or threatened homelessness.
  78. 63 Interim duty to accommodate in case of apparent priority need.
  79. 64 Notification of decision and reasons.
  80. 65 Duties to persons found to be homeless.
  81. 66 Duties to persons found to be threatened with homelessness.
  82. 67 Referral of application to another local housing authority.
  83. 68 Duties to persons whose applications are referred.
  84. 69 Provisions supplementary to ss. 63, 65 and 68.
  85. 70 Protection of property of homeless persons and persons threatened with homelessness.
  86. 71 Guidance to authorities by the Secretary of State.
  87. 72 Co-operation between authorities.
  88. 73 Financial and other assistance for voluntary organisations concerned with homelessness.
  89. 74 False statements, withholding information and failure to disclose change of circumstances.
  90. 75 Meaning of accommodation available for occupation.
  91. 76 Application of this Part to cases arising in Scotland.
  92. 77 Minor definitions.
  93. 78 Index of defined expressions: Part III.
  94. 79 Secure tenancies.
  95. 80 The landlord condition.
  96. 81 The tenant condition.
  97. 81ZA Grant of secure tenancies in cases of domestic abuse
  98. 82 Security of tenure.
  99. 82A Demotion because of anti-social behaviour
  100. 83 Proceedings for possession or termination: general notice requirements.
  101. 83ZA Notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour
  102. 83A Additional requirements in relation to certain proceedings for possession.
  103. 84 Grounds and orders for possession.
  104. 84A Absolute ground for possession for anti-social behaviour
  105. 85 Extended discretion of court in certain proceedings for possession.
  106. 85ZA Review of decision to seek possession on absolute ground for anti-social behaviour
  107. 85A Proceedings for possession on non-absolute grounds : anti-social behaviour
  108. 86 Periodic tenancy arising on termination of fixed term.
  109. 86A Persons qualified to succeed tenant: England
  110. 87 Persons qualified to succeed tenant: Wales.
  111. 88 Cases where the tenant is a successor.
  112. 89 Succession to periodic tenancy.
  113. 90 Devolution of term certain.
  114. 91 Assignment in general prohibited.
  115. 92 Assignments by way of exchange.
  116. 93 Lodgers and subletting.
  117. 94 Consent to subletting.
  118. 95 Assignment or subletting where tenant condition not satisfied.
  119. 96 Right to have repairs carried out.
  120. 97 Tenant’s improvements require consent.
  121. 98 Provisions as to consents required by s. 97.
  122. 99 Conditional consent to improvements.
  123. 99A Right to compensation for improvements.
  124. 99B Persons qualifying for compensation.
  125. 100 Power to reimburse cost of tenant’s improvements.
  126. 101 Rent not to be increased on account of tenant’s improvements.
  127. 102 Variation of terms of secure tenancy.
  128. 103 Notice of variation of periodic tenancy.
  129. 104 Provision of information about tenancies.
  130. 105 Consultation on matters of housing management.
  131. 106 Information about housing allocation.
  132. 106A Consultation before disposal to private sector landlord.
  133. 107A Flexible tenancies
  134. 107B Review of decisions relating to flexible tenancies
  135. 107C Termination of flexible tenancy by tenant
  136. 107D Recovery of possession on expiry of flexible tenancy
  137. 107E Review of decision to seek possession
  138. 107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  139. 108 Heating charges
  140. 109 Provisions not applying to tenancies of co-operative housing associations.
  141. 109A Acquisition of dwelling-house subject to statutory tenancy.
  142. 110 Jurisdiction of county court.
  143. 111 County court rules and directions.
  144. 111A Introductory tenancies
  145. 112 Meaning of “dwelling-house”.
  146. 113 Members of a person’s family.
  147. 114 Meaning of “landlord authority”.
  148. 115 Meaning of “long tenancy”.
  149. 115A Meaning of “introductory tenancy”.
  150. 116 Minor definitions.
  151. 117 Index of defined expressions: Part IV
  152. 118 The right to buy.
  153. 119 Qualifying period for right to buy.
  154. 120 Exceptions to the right to buy
  155. 121 Circumstances in which the right to buy cannot be exercised.
  156. 121ZA Restriction on exercising the right to buy in Wales
  157. 121ZB Exceptions to restriction on exercising the right to buy in Wales
  158. 121A Order suspending right to buy because of anti-social behaviour
  159. 121AA Information to help tenants decide whether to exercise right to buy etc.
  160. 121B Provision of information
  161. 122 Tenant’s notice claiming to exercise right to buy.
  162. 122A Applications to suspend the right to buy etc in parts of Wales: effect on claims to exercise the right
  163. 122B Suspension of the right to buy in parts of Wales
  164. 123 Claim to share right to buy with members of family.
  165. 124 Landlord’s notice admitting or denying right to buy.
  166. 125 Landlord’s notice of purchase price and other matters.
  167. 125A Estimates and information about service charges.
  168. 125B Estimates and information about improvement contributions.
  169. 125C Reference period for purposes of ss. 125A and 125B.
  170. 125D Tenant’s notice of intention.
  171. 125E Landlord’s notice in default.
  172. 126 Purchase price.
  173. 127 Value of dwelling-house.
  174. 128 Determination of value by district valuer.
  175. 128A Determination of value: review notices
  176. 128B Review of determination of value
  177. 129 Discount.
  178. 130 Reduction of discount where previous discount given.
  179. 131 Limits on amount of discount
  180. 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  181. 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  182. 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  183. 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  184. 136 Change of secure tenant after notice claiming right to buy.
  185. 137 Change of landlord after notice claiming right to buy or right to a mortgage.
  186. 138 - Duty of landlord to convey freehold or grant lease.
  187. 138A Effect of initial demolition notice served before completion
  188. 138B Effect of final demolition notice served before completion
  189. 138C Compensation where demolition notice served
  190. 139 Terms and effect of conveyance or grant and mortgage.
  191. 140 Landlord’s first notice to complete.
  192. 141 Landlord’s second notice to complete.
  193. 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  194. 142A Termination of the right to acquire on rent to mortgage terms
  195. 143 Right to acquire on rent to mortgage terms.
  196. 143A Right excluded by entitlement to housing benefit.
  197. 143B Right excluded if minimum initial payment exceeds maximum initial payment.
  198. 144 Tenant’s notice claiming right.
  199. 145 Tenant’s initial share.
  200. 146 Landlord’s notice admitting or denying right.
  201. 146A Tenant’s notice of intention.
  202. 146B Landlord’s notice in default.
  203. 147 Notice of landlord’s share and initial discount.
  204. 148 Determination of landlord’s share, initial discount etc.
  205. 149 Change of landlord after notice claiming right.
  206. 150 Duty of landlord to convey freehold or grant lease.
  207. 151 Terms and effect of conveyance or grant: general.
  208. 151A Redemption of landlord’s share.
  209. 151B Mortgage for securing redemption of landlord’s share.
  210. 152 Landlord’s first notice to complete.
  211. 153 Landlord’s second notice to complete.
  212. 153A Tenant’s notices of delay.
  213. 153B Payments of rent attributable to purchase price etc.
  214. 154 Registration of title.
  215. 155 Repayment of discount on early disposal.
  216. 155A Amount of discount which may be demanded by landlord: right to buy
  217. 155B Amount of discount which may be demanded by landlord: right to acquire on rent to mortgage terms
  218. 155C Increase attributable to home improvements
  219. 156 Liability to repay is a charge on the premises.
  220. 156A Right of first refusal for landlord etc.
  221. 157 Restriction on disposal of dwelling-houses in National Parks, etc.
  222. 158 Consideration for disposal under section 156A
  223. 159 Relevant disposals.
  224. 160 Exempted disposals.
  225. 161 Meaning of “compulsory disposal”.
  226. 162 Exempted disposals which end liability under covenants.
  227. 163 Treatment of options.
  228. 163A Treatment of deferred resale agreements for purposes of section 155
  229. 164 Secretary of State’s general power to intervene.
  230. 165 Vesting orders for purposes of s. 164.
  231. 166 Other provisions supplementary to s. 164.
  232. 167 Power to give directions as to covenants and conditions.
  233. 168 Effect of direction under s. 167 on existing covenants and conditions.
  234. 169 Power to obtain information, etc.
  235. 170 Power to give assistance in connection with legal proceedings.
  236. 171 Power to extend right to buy, etc.
  237. 171A Cases in which right to buy is preserved.
  238. 171B Extent of preserved right: qualifying persons and dwelling-houses.
  239. 171C Modifications of this Part in relation to preserved right.
  240. 171D Subsequent dealings: disposal of landlord’s interest in qualifying dwelling-house.
  241. 171E Subsequent dealings: termination of landlord’s interest in qualifying dwelling-house.
  242. 171F Subsequent dealings: transfer of qualifying person to alternative accommodation.
  243. 171G Land registration and related matters.
  244. 171H Disposal after notice claiming to exercise right to buy, etc.
  245. 172 Exclusion of leases where landlord is housing association and freeholder is a charity.
  246. 173 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  247. 174 Leases granted under this Part to be treated as long leases at a low rent.
  248. 175 Determination of price payable.
  249. 176 Notices.
  250. 177 Errors and omissions in notices.
  251. 178 Costs.
  252. 179 Provisions restricting right to buy, etc. of no effect.
  253. 180 Statutory declarations.
  254. 181 Jurisdiction of county court.
  255. 182 Power to repeal or amend local Acts.
  256. 183 Meaning of “house”, “flat” and “dwelling-house”.
  257. 184 Land let with or used for purposes of dwelling-house.
  258. 185 Meaning of “secure tenancy” and “secure tenant”.
  259. 186 Members of a person’s family.
  260. 187 Minor definitions.
  261. 188 Index of defined expressions: Part V
  262. 189 Repair notice in respect of unfit dwelling-house.
  263. 190 Repair notice in respect of dwelling-houseor house in multiple occupation in state of disrepair but not unfit.
  264. 190A Effect on section 189 of proposal to include premises in group repair scheme.
  265. 191 Appeals against repair notices.
  266. 191A Execution of works by local housing authority by agreement
  267. 192 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  268. 193 Power of local housing authority to execute works.
  269. 194 Notice of authority’s intention to execute works.
  270. 195 Power of court to order occupier or owner to permit things to be done.
  271. 196 Power of court to authorise owner to execute works on default of another owner.
  272. 197 Powers of entry.
  273. 198 Penalty for obstruction.
  274. 198A Penalty for failure to execute works.
  275. 199 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  276. 202 Owner not in receipt of rents, &c. to receive notice of proceedings.
  277. 203 Saving for rights arising from breach of covenant, &c.
  278. 204 Effect of approved proposals for re-development.
  279. 205 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  280. 206 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  281. 207 Minor definitions.
  282. 208 Index of defined expressions: Part VI.
  283. 209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  284. 239 Declaration of housing action area.
  285. 240 Steps to be taken after declaration of housing action area.
  286. 241 Functions of Secretary of State with respect to declaration of housing action area.
  287. 242 Incorporation into housing action area of land comprised in general improvement area.
  288. 243 General powers of local housing authority.
  289. 244 Environmental works.
  290. 245 Contributions by Secretary of State.
  291. 246 Duty to publish information.
  292. 247 Changes of ownership or occupation of land to be notified to local housing authority.
  293. 248 Form and contents of notification under s. 247.
  294. 249 Penalty for failure to notify, &c.
  295. 250 Exclusion of land from, or termination of, housing action area.
  296. 251 Extension of duration of housing action area.
  297. 252 Meaning of “housing accommodation” and related expressions.
  298. 253 Declaration of general improvement area.
  299. 254 Steps to be taken after declaration.
  300. 255 General powers of local housing authority.
  301. 256 Power to apply for orders extinguishing right to use vehicles on highway.
  302. 257 Duty to publish information.
  303. 258 Exclusion of land from, or termination of, general improvement area.
  304. 259 Contributions by Secretary of State.
  305. 259A Effect of resolutions relating to housing action area or general improvement area.
  306. 259B Effect of certain resolutions passed before commencement of s. 259A.
  307. 260 Powers of entry.
  308. 261 Penalty for obstruction.
  309. 262 Minor definitions.
  310. 263 Index of defined expressions: Part VIII
  311. 264 Power to make closing order.
  312. 265 Demolition orders
  313. 266 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  314. 267 Content of demolition . . . .
  315. 268 Service of copies of demolition order.
  316. 269 Right of appeal against order.
  317. 269A Appeals suggesting certain other courses of action
  318. 270 Demolition orders: recovery of possession of building to be demolished.
  319. 271 Demolition orders: execution of order.
  320. 272 Demolition orders: expenses of local housing authority, &c.
  321. 273 Demolition orders: cleansing before demolition.
  322. 274 Demolition orders: power to permit reconstruction of condemned house.
  323. 274A Effect of certain enforcement action under the Housing Act 2004
  324. 275 Demolition orders: substitution of prohibition order to permit use otherwise than for human habitation
  325. 276 Closing orders: recovery of possession of house.
  326. 277 Closing orders: enforcement.
  327. 278 Closing orders: determination of order on premises being rendered fit.
  328. 279 Closing orders: substitution of demolition order.
  329. 280 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  330. 283 Buildings liable to be demolished as “obstructive buildings”.
  331. 284 Obstructive building order.
  332. 285 Right of appeal against obstructive building order.
  333. 286 Obstructive building order: recovery of possession of building to be demolished.
  334. 287 Execution of obstructive building order.
  335. 288 Obstructive buildings: expenses of local housing authority, &c.
  336. 289 Declaration of clearance area.
  337. 290 Acquisition of land for clearance.
  338. 291 Method of dealing with land acquired for clearance.
  339. 292 Power to discontinue proceedings if acquisition of land proves unnecessary.
  340. 293 Property belonging to the local housing authority.
  341. 294 Extinguishment of public rights of way over land acquired.
  342. 295 Extinguishment of other rights over land acquired.
  343. 296 Apparatus of statutory undertakers.
  344. 297 Procedure for removal or alteration of apparatus under s. 296.
  345. 298 Electronic communications apparatus
  346. 299 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  347. 300 Purchase of houses liable to be demolished or to be subject to a prohibition order.
  348. 301 Retention of houses acquired for clearance.
  349. 302 Management and repair of houses acquired under s. 300 or retained under s. 301
  350. 303 Meaning of “listed building”.
  351. 304 Demolition order not to be made in respect of listed building .
  352. 305 Building becoming listed when subject to compulsory purchase for clearance.
  353. 306 Building becoming listed when acquired by agreement for clearance.
  354. 307 Saving for rights arising from breach of covenant, &c.
  355. 308 Approval of owner’s proposals for redevelopment.
  356. 309 Recovery of possession of premises for purposes of approved re-development.
  357. 310 Certificate of fitness resulting from owner’s improvements or alterations.
  358. 311 Consideration of proposals under s. 308 or s. 310 with respect to premises in clearance area.
  359. 312 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  360. 315 Power of court to order occupier or owner to permit things to be done.
  361. 316 Power of court to authorise owner to demolish premises on default of another owner.
  362. 317 Power of court to determine lease where premises demolished . . . .
  363. 318 Power of tribunal to authorise execution of works on unfit premises or for improvement.
  364. 319 Powers of entry.
  365. 320 Penalty for obstruction.
  366. 321 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  367. 322 Minor definitions.
  368. 323 Index of defined expressions: Part IX.
  369. 324 Definition of overcrowding.
  370. 325 The room standard.
  371. 326 The space standard.
  372. 327 Penalty for occupier causing or permitting overcrowding.
  373. 328 Exception:children attaining age of 1 or 10.
  374. 329 Exception; visiting member of family.
  375. 330 Licence of local housing authority.
  376. 331 Penalty for landlord causing or permitting overcrowding.
  377. 332 Information to be contained in rent book.
  378. 333 Duty to inform local housing authority of overcrowding.
  379. 334 Duty to inspect, report and prepare proposals.
  380. 335 Power to require information about persons sleeping in dwelling.
  381. 336 Power to require production of rent book.
  382. 337 Power of entry to determine permitted number of persons.
  383. 338 Notice to abate overcrowding.
  384. 339 Enforcement of this Part.
  385. 340 Powers of entry.
  386. 341 Penalty for obstruction.
  387. 342 Meaning of “suitable alternative accommodation”.
  388. 343 Minor definitions.
  389. 344 Index of defined expressions:Part X
  390. 345 Meaning of “multiple occupation”.
  391. 346 Registration schemes.
  392. 346A Contents of registration scheme.
  393. 346B Model schemes and confirmation of schemes.
  394. 347 Control provisions.
  395. 348 Control provisions: decisions on applications and appeals.
  396. 348A Control provisions: other decisions and appeals.
  397. 348B Special control provisions.
  398. 348C Special control provisions: general provisions as to decisions and appeals.
  399. 348D Special control provisions: occupancy directions.
  400. 348E Special control provisions: decisions and appeals relating to occupancy directions.
  401. 348F Special control provisions: “relevant management failure”.
  402. 348G Offences in connection with registration schemes.
  403. 349 Steps required to inform public about schemes.
  404. 350 Power to require information for purposes of scheme.
  405. 351 Proof of scheme and contents of register.
  406. 352 Power to require execution of works to render premises fit for number of occupants.
  407. 352A Recovery of expenses of notice under s.352.
  408. 353 Appeal against notice under s. 352.
  409. 354 Power to limit number of occupants of house.
  410. 355 Effect of direction under s. 354.
  411. 356 Power to require information about occupation of house.
  412. 357 Revocation or variation of direction under s. 354.
  413. 358 Service of overcrowding notice.
  414. 359 Contents of overcrowding notice.
  415. 360 Requirement as to overcrowding generally.
  416. 361 Requirement as to new residents.
  417. 362 Appeal against overcrowding notice.
  418. 363 Revocation and variation of notice.
  419. 364 Power to require information where notice in force.
  420. 365 Means of escape from fire; general provisions as to exercise powers.
  421. 366 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  422. 368 Means of escape from fire: power to secure that part of house not used for human habitation.
  423. 369 The management code.
  424. 370 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  425. 372 Power to require execution of works to remedy neglect of management.
  426. 373 Appeal against notice under s. 372.
  427. 374 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  428. 375 Carrying out of works by local housing authority.
  429. 376 Penalty for failure to execute works.
  430. 377 Powers of court to facilitate execution of works, &c.
  431. 377A Works notices: improvement of enforcement procedures.
  432. 378 Provisions for protection of owners.
  433. 379 Making of control order.
  434. 380 Modification of control order where proprietor resides in part of house.
  435. 381 General effect of control order.
  436. 382 Effect of control order on persons occupying house.
  437. 383 Effect of control order in relation to furniture in case of furnished letting.
  438. 384 Appeal against control order.
  439. 385 General duties of local housing authority when control order is in force.
  440. 386 Duty to prepare management scheme.
  441. 387 Right of entry for inspection and carrying out of works.
  442. 388 Power to supply furniture and fittings.
  443. 389 Compensation payable to dispossessed proprietor.
  444. 390 Facilities to be afforded to dispossessed proprietor and others.
  445. 391 Power of court to modify or determine lease.
  446. 392 Expiry or revocation of control order.
  447. 393 Appeal against refusal to revoke control order.
  448. 394 Cessation of control order.
  449. 395 Powers of entry.
  450. 395A Codes of practice.
  451. 396 Penalty for obstruction.
  452. 397 Warrant to authorise entry.
  453. 398 Meaning of “lessee”, “owner”, “person, having control” and similar expressions.
  454. 399 Minor definitions.
  455. 400 Index of defined expressions: Part XI.
  456. 401 Meaning of “common lodging house”.
  457. 402 No person to keep a common lodging house unless registered.
  458. 403 Register of common lodging house keepers and their houses.
  459. 404 Provisions with respect to registration.
  460. 405 Appeals against refusal of registration.
  461. 406 Byelaws as to common lodging houses.
  462. 407 Management and control of common lodging houses.
  463. 408 Offences.
  464. 409 Power of court on conviction to cancel registration and to disqualify for re-registration
  465. 410 Duty of local housing authority to enforce this Part.
  466. 411 Powers of entry.
  467. 412 Penalty for obstruction.
  468. 413 Restriction on right to prosecute.
  469. 414 Evidence in legal proceedings.
  470. 415 Power to apply provisions to Crown property
  471. 416 Index of defined expressions: Part XII.
  472. 417 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  473. 421 Housing subsidy.
  474. 422 Calculation of housing subsidy for local housing authorities.
  475. 423 The base amount.
  476. 424 The housing costs differential.
  477. 425 The local contribution differential.
  478. 426 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  479. 427 Recoupment of subsidy in certain cases.
  480. 427A Entitlement to subsidy in case of land subject to management agreement.
  481. 428 Continuance of certain powers to borrow for housing purposes.
  482. 429 The improvement for sale scheme.
  483. 429A Housing management: financial assistance etc.
  484. 430
  485. 431 Control of expenditure by housing authorities on works of conversion or improvement.
  486. 432 Superseded contributions, subsidies, grants, and other financial matters.
  487. 433 Minor definitions.
  488. 434 Index of defined expressions: Part XIII.
  489. 435 Power of local authorities to advance money.
  490. 436 Terms of advance.
  491. 437 Power of local authority on disposal to leave amount outstanding on mortgage.
  492. 438 Local authority mortgage interest rates.
  493. 439 Requirements as to fitness of premises, &c.
  494. 440 Deposits in respect of maintenance or repair of mortgaged premises.
  495. 441 Waiver or reduction of payments in case of property requiring repair or improvement.
  496. 442 Agreement by local authority to indemnify mortgagee.
  497. 443 Local authority contributions to mortgage costs.
  498. 444 Relevant advances for the purposes of section 443.
  499. 445 Advances to recognised lending institutions to assist first-time buyers.
  500. 446 Forms of assistance and qualifying conditions.
  501. 447 Recognised lending institutions.
  502. 448 Recognised savings institutions.
  503. 449 Terms of advances and administration.
  504. 450 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  505. 450A Right to a loan in certain cases after exercise of right to buy.
  506. 450B Power to make loans in other cases.
  507. 450C Supplementary provisions as to regulations under s. 450A or 450B.
  508. 450D Purchase of equitable interests
  509. 451 Local loans made by the Treasury.
  510. 452 Vesting of house in authority entitled to exercise power of sale.
  511. 453 Further advances in case of disposal on shared ownership lease.
  512. 454 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  513. 455 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  514. 456 Advances under the Small Dwellings Acquisition Acts.
  515. 457 Meaning of “house” and “house property”.
  516. 458 Minor definitions.
  517. 459 Index of defined expressions: Part XIV.
  518. 460 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  519. 521 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  520. 523 Assistance for provision of separate service pipe for water supply.
  521. 524 Contributions under superseded enactments.
  522. 525 Minor definitions.
  523. 526 Index of defined expressions: Part XV
  524. 527 Eligibility for assistance.
  525. 528 Designation of defective dwellings by Secretary of State.
  526. 529 Variation or revocation of designation.
  527. 530 Meaning of “relevant interest”.
  528. 531 Conditions of eligibility: disposal by public sector authority, &c.
  529. 532 Construction of references to disposal, &c.
  530. 533 Exceptions to eligibility.
  531. 534 Application for assistance.
  532. 535 Application not to be entertained where grant application pending or approved.
  533. 536 Determination of eligibility.
  534. 537 Determination of form of assistance to which applicant is entitled.
  535. 538 Conditions for assistance by way of reinstatement grant.
  536. 539 Meaning of “work required for reinstatment” and “associated arrangement”.
  537. 540 Notice of determination.
  538. 541 Reinstatement grant.
  539. 542 Conditions of payment of reinstatement grant.
  540. 543 Amount of reinstatement grant.
  541. 544 Changes in work or expenditure.
  542. 545 Payment of reinstatement grant.
  543. 546 Repayment of grant for breach of condition.
  544. 547 Repurchase.
  545. 548 Repurchase by authority other than local housing authority.
  546. 549 Interest subject to right of pre-emption &c.
  547. 550 Compulsory purchase compensation to be made up to 95 per cent of defect-free value.
  548. 551 Supplementary provisions as to payments under s. 549 or 550.
  549. 552 Reimbursement of expenses incidental to repurchase.
  550. 553 Effect of repurchase on certain existing tenancies (England)
  551. 553A Effect of repurchase on certain existing tenancies (Wales)
  552. 554 Grant of tenancy to former owner-occupier.
  553. 555 Grant of tenancy to former statutory tenant.
  554. 556 Alternative accommodation under s. 554 or 555,
  555. 557 Request for tenancy under s. 554 or 555.
  556. 558 Interpretation of ss. 553 to 557.
  557. 559 Designation of defective dwellings under local schemes.
  558. 560 Variation or revocation of designation under local scheme.
  559. 561 Secretary of State’s control over designation, variation or revocation.
  560. 562 Duty of local housing authority to publicise availability of assistance.
  561. 563 Duties of public sector authority disposing of defective dwelling.
  562. 564 Reinstatement of defective dwelling by local housing authority.
  563. 565 Death of person eligible for assistance, &c.
  564. 566 Dwellings included in more than one designation.
  565. 567 Modifications of this Part in relation to shared ownership leases.
  566. 568 Extension of assistance to mortgagees.
  567. 569 Contributions by Secretary of State.
  568. 570 Power to vary relevant percentage.
  569. 571 Service of notices.
  570. 572 Jurisdiction of county court.
  571. 573 Meaning of “public sector authority”.
  572. 574 Disposal of certain Crown interests in land treated as disposal by public sector authority.
  573. 575 Meaning of “dwelling” and “house”.
  574. 576 Meaning of “lending institution”.
  575. 577 Index of defined expressions: Part XVI.
  576. 578 General enactments relating to compulsory purchase, &c., apply subject to this Part.
  577. 578A Modification of compulsory purchase order in case of acquisition of land for clearance.
  578. 579 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  579. 580 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  580. 582 Restriction on recovery of possession after making of compulsory purchase order.
  581. 583 Continuance of tenancies of housees compulsorily acquired and to be used for housing purposes.
  582. 584 Power to enter and determine short tenancies of land acquired or appropriated.
  583. 584A Compensation payable in case of prohibition and demolition orders.
  584. 584B Repayment on revocation of demolition or prohibition order.
  585. 585 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  586. 593 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  587. 596 Power to compensate shop-keepers in areas affected by clearance.
  588. 597 Compensation payable on demolition of obstructive building.
  589. 598 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  590. 599 Application of compensation due to another local authority.
  591. 600 Powers of entry.
  592. 601 Penalty for obstruction.
  593. 602 Minor definitions.
  594. 603 Index of defined expressions: Part XVII.
  595. 604 Fitness for human habitation.
  596. 604A Authority to consider guidance given by Secretary of State in deciding whether to take action under Section 189, Section 264, Section 265 or Section 289.
  597. 605 Consideration by local housing authority of housing conditions in their district.
  598. 606 Reports on particular houses or areas.
  599. 607 Local housing authority to have regard to environmental considerations.
  600. 608 Acquisition of ancient monuments, &c.
  601. 609 Enforcement of covenants against owner for the time being.
  602. 610 Power of court to authorise conversion of premises into flats.
  603. 611 Removal or alteration of apparatus of statutory undertakers.
  604. 612 Exclusion of Rent Act protection.
  605. 613 Liability of directors, &c. in case of offence by body corporate.
  606. 614 Power to prescribe forms &c.
  607. 615 Dispensation with advertisements and notices.
  608. 616 Local inquiries.
  609. 617 Service of notices.
  610. 618 The Common Council of the City of London.
  611. 619 The Inner and Middle Temples.
  612. 620 The Isles of Scilly.
  613. 621 Meaning of “lease” and “tenancy” and related expressions.
  614. 621A Meaning of “service charge” and related expressions.
  615. 622 Minor definitions: general.
  616. 623 Minor definitions: Part XVIII
  617. 624 Index of defined expressions: Part XVIII.
  618. 625 Short title, commencement and extent.
  619. SCHEDULE 1 Tenancies which are not Secure Tenancies
  620. SCHEDULE 2 Grounds for Possession of Dwelling-Houses Let underSecure Tenancies
  621. SCHEDULE 2A Absolute ground for possession for anti-social behaviour: serious offences
  622. SCHEDULE 3 Grounds for Withholding Consent to Assignment by Way of Exchange
  623. SCHEDULE 3A Consultation before Disposal to Private Sector Landlord
  624. SCHEDULE 4 Qualifying Period for Right to Buy and Discount
  625. SCHEDULE 5 Exceptions to the Right to Buy
  626. SCHEDULE 5A Initial demolition notices
  627. SCHEDULE 6 Conveyance of Freehold and Grant of Lease in Pursuance of Right to Buy
  628. Schedule 6A REDEMPTION OF LANDLORD’S SHARE
  629. SCHEDULE 7 . . .
  630. SCHEDULE 8 . . .
  631. SCHEDULE 9 . . .
  632. SCHEDULE 10
  633. SCHEDULE 11 . . .
  634. SCHEDULE 12 . . .
  635. SCHEDULE 13
  636. SCHEDULE 14 . . .
  637. SCHEDULE 15 Superseded Contributions, Grants, Subsidies, &c.
  638. SCHEDULE 16 Local Authority Mortgage Interest Rates
  639. SCHEDULE 17 Vesting of Mortgaged House in Authority Entitled to Exercise Power of Sale
  640. SCHEDULE 18 Provisions with Respect to Advances under the Small Dwellings Acquisition Acts 1899 to 1923
  641. SCHEDULE 19 Contributions Under Superseded Enactments
  642. SCHEDULE 20 Assistance by Way of Repurchase
  643. SCHEDULE 21 Dwellings Included in More Than One Designation
  644. SCHEDULES 22—24. . . .
  645. TABLE OF DERIVATIONS

Proposed changes to this act

No one has proposed a change to this act yet.

645 provisions

146A Tenant’s notice of intention.

(1) Where a notice under section 146 has been served on a secure tenant, he shall within the period specified in subsection (2) serve a written notice on the landlord stating either— (a) that he intends to pursue his claim to exercise the right to acquire on rent to mortgage terms and the amount of the initial payment which he proposes to make, or (b) that he withdraws that claim and intends to pursue his claim to exercise the right to buy, or (c) that he withdraws both of those claims. (2) The period for serving a notice under subsection (1) is the period of twelve weeks beginning with the service of the notice under section 146. (3) The amount stated in a notice under subsection (1)(a)— (a) shall not be less than the minimum initial payment and not more than the maximum initial payment, and (b) may be varied at any time by notice in writing served on the landlord.

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146B Landlord’s notice in default.

(1) The landlord may, at any time after the end of the period specified in section 146A(2), serve on the tenant a written notice— (a) requiring him, if he has failed to serve the notice required by section 146A(1), to serve that notice within 28 days, and (b) informing him of the effect of this subsection and subsection (4). (2) At any time before the end of the period mentioned in subsection (1)(a) (or that period as previously extended) the landlord may by written notice served on the tenant extend it (or further extend it). (3) If at any time before the end of that period (or that period as extended under subsection (2)) the circumstances are such that it would not be reasonable to expect the tenant to comply with a notice under this section, that period (or that period as so extended) shall by virtue of this subsection be extended (or further extended) until 28 days after the time when those circumstances no longer obtain. (4) If the tenant does not comply with a notice under this section the notice claiming to exercise the right to acquire on rent to mortgage terms shall be deemed to be withdrawn at the end of that period (or, as the case may require, that period as extended under subsection (2) or (3)).

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147 Notice of landlord’s share and initial discount.

(1) Where a secure tenant has served— (a) a notice under section 146A(1)(a) stating that he intends to pursue his claim to exercise the right to acquire on rent to mortgage terms, and the amount of the initial payment which he proposes to make, or (b) a notice under section 146A(3)(b) varying the amount stated in a notice under section 146A(1)(a), the landlord shall, as soon as practicable, serve on the tenant a written notice complying with this section. (2) The notice shall state— (a) the landlord’s share on the assumption that the amount of the tenant’s initial payment is that stated in the notice under section 146A(1)(a) or, as the case may be, section 146A(3)(b), and (b) the amount of the initial discount on that assumption, determined in each case in accordance with section 148.

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148 Determination of landlord’s share, initial discount etc.

The landlord’s share shall be determined by the formula— S=P-IPPx100 the amount of the initial discount shall be determined by the formula— ID=IPPxD and the amount of any previous discount which will be recovered by virtue of the transaction shall be determined by the formula— RD=IPPxPD where— S = the landlord’s share expressed as a percentage; P = the price which would be payable if the tenant were exercising the right to buy; IP = the amount of the tenant’s initial payment (but disregarding any reduction in pursuance of section 153B(3)); ID = the amount of the initial discount; D = the amount of the discount which would be applicable if the tenant were exercising the right to buy; RD = the amount of any previous discount which will be recovered by virtue of the transaction; PD = the amount of any previous discount which would be recovered if the tenant were exercising the right to buy.

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149 Change of landlord after notice claiming right.

(1) Where the interest of the landlord in the dwelling-house passes from the landlord to another body after a secure tenant has given a notice claiming to exercise the right to acquire on rent to mortgage terms, all parties shall subject to subsection (2) be in the same position as if the other body— (a) had become the landlord before the notice was given, and (b) had been given that notice and any further notice given by the tenant to the landlord, and (c) had taken all steps which the landlord had taken. (2) If the circumstances after the disposal differ in any material respect, as for example where— (a) the interest of the disponee in the dwelling-house after the disposal differs from that of the disponor before the disposal, or (b) any of the provisions of Schedule 5 (exceptions to the right to buy) becomes or ceases to be applicable, all those concerned shall, as soon as practicable after the disposal, take all such steps (whether by way of amending or withdrawing and re-serving any notice or extending any period or otherwise) as may be requisite for the purpose of securing that all parties are, as nearly as may be, in the same position as they would have been if those circumstances had obtained before the disposal.

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150 Duty of landlord to convey freehold or grant lease.

(1) Where a secure tenant has claimed to exercise the right to acquire on rent to mortgage terms and that right has been established, then, as soon as all matters relating to the grant and to securing the redemption of the landlord’s share have been agreed or determined, the landlord shall make to the tenant— (a) if the dwelling-house is a house and the landlord owns the freehold, a grant of the dwelling-house for an estate in fee simple absolute, or (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), a grant of a lease of the dwelling-house, in accordance with the following provisions of this Part. (2) If the tenant has failed to pay the rent or any other payment due from him as a tenant for a period of four weeks after it has been lawfully demanded from him, the landlord is not bound to comply with subsection (1) while the whole or part of that payment remains outstanding. (3) The duty imposed on the landlord by subsection (1) is enforceable by injunction.

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151 Terms and effect of conveyance or grant: general.

(1) A conveyance of the freehold executed in pursuance of the right to acquire on rent to mortgage terms shall conform with Parts I and II of Schedule 6; a grant of a lease so executed shall conform with Parts I and III of that Schedule; and Part IV of that Schedule applies to such a conveyance or lease as it applies to a conveyance or lease executed in pursuance of the right to buy. (2) The secure tenancy comes to an end on the grant to the tenant of an estate in fee simple, or of a lease, in pursuance of the right to acquire on rent to mortgage terms; and if there is then a sub-tenancy section 139 of the Law of Property Act 1925 (effect of extinguishment of reversion) applies as on a merger or surrender.

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151A Redemption of landlord’s share.

Schedule 6A (which makes provision for the redemption of the landlord’s share) shall have effect; and a conveyance of the freehold or a grant of a lease executed in pursuance of the right to acquire on rent to mortgage terms shall conform with that Schedule.

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151B Mortgage for securing redemption of landlord’s share.

(1) The liability that may arise under the covenant required by paragraph 1 of Schedule 6A (covenant for the redemption of the landlord’s share in the circumstances there mentioned) shall be secured by a mortgage. (2) Subject to subsections (3) and (4), the mortgage shall have priority immediately after any legal charge securing an amount advanced to the secure tenant by an approved lending institution for the purpose of enabling him to exercise the right to acquire on rent to mortgage terms. (3) The following, namely— (a) any advance which is made otherwise than for the purpose mentioned in subsection (2) and is secured by a legal charge having priority to the mortgage, and (b) any further advance which is so secured, shall rank in priority to the mortgage if, and only if, the landlord by written notice served on the institution concerned gives its consent; and the landlord shall so give its consent if the purpose of the advance or further advance is an approved purpose. (4) The landlord may at any time by written notice served on an approved lending institution postpone the mortgage to any advance or further advance which— (a) is made to the tenant by that institution, and (b) is secured by a legal charge not having priority to the mortgage; and the landlord shall serve such a notice if the purpose of the advance or further advance is an approved purpose. (5) The approved lending institutions for the purposes of this section are— the Relevant Authority, (5A) In subsection (5) “the Relevant Authority” does not include the Regulator of Social Housing but does include the Homes and Communities Agency. (5B) In subsection (5) “the Relevant Authority” also includes the Greater London Authority. an authorised deposit taker an authorised insurer and an authorised mortgage lender. (6) The approved purposes for the purposes of this section are— (a) to enable the tenant to make an interim or final payment, (b) to enable the tenant to defray, or to defray on his behalf, any of the following— (i) the cost of any works to the dwelling-house, (ii) any service charge payable in respect of the dwelling-house for works, whether or not to the dwelling-house, and (iii) any service charge or other amount payable in respect of the dwelling-house for insurance, whether or not of the dwelling-house, and (c) to enable the tenant to discharge, or to discharge on his behalf, any of the following— (i) so much as is still outstanding of any advance or further advance which ranks in priority to the mortgage, (ii) any arrears of interest on such an advance or further advance, and (iii) any costs and expenses incurred in enforcing payment of any such interest, or repayment (in whole or in part) of any such advance or further advance. (7) Where different parts of an advance or further advance are made for different purposes, each of those parts shall be regarded as a separate advance or further advance for the purposes of this section. (8) The Secretary of State may by order prescribe— (a) matters for which the deed by which the mortgage is effected must make provision, and (b) terms which must, or must not, be contained in that deed, but only in relation to deeds executed after the order comes into force. (9) The deed by which the mortgage is effected may contain such other provisions as may be— (a) agreed between the mortgagor and the mortgagee, or (b) determined by the county court to be reasonably required by the mortgagor or the mortgagee. (10) An order 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.

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152 Landlord’s first notice to complete.

(1) The landlord may, subject to the provisions of this section, serve on the tenant at any time a written notice requiring him— (a) if all relevant matters have been agreed or determined, to complete the transaction within a period stated in the notice, or (b) if any relevant matters are outstanding, to serve on the landlord within that period a written notice to that effect specifying the matters, and informing the tenant of the effect of this section and of section 153(1), (2) and (4) (landlord’s second notice to complete and its effect). (2) The period stated in a notice under this section shall be such period (of at least 56 days) as may be reasonable in the circumstances. (3) A notice under this section shall not be served earlier than twelve months after the service of the notice under section 146 (landlord’s notice admitting or denying right). (4) A notice under this section shall not be served if— (a) a requirement for the determination or re-determination of the value of the dwelling-house by the district valuer has not been complied with, (b) proceedings for the determination of any other relevant matter have not been disposed of, or (c) any relevant matter stated to be outstanding in a written notice served on the landlord by the tenant has not been agreed in writing or determined. (5) In this section “relevant matters” means matters relating to the grant and to securing the redemption of the landlord’s share.

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153 Landlord’s second notice to complete.

(1) If the tenant does not comply with a notice under section 152 (landlord’s first notice to complete), the landlord may serve on him a further written notice— (a) requiring him to complete the transaction within a period stated in the notice, and (b) informing him of the effect of this section in the event of his failing to comply. (2) The period stated in a notice under this section shall be such period (of at least 56 days) as may be reasonable in the circumstances. (3) At any time before the end of that period (or that period as previously extended) the landlord may by a written notice served on the tenant extend it (or further extend it). (4) If the tenant does not comply with a notice under this section, the notice claiming to exercise the right to acquire on rent to mortgage terms and the notice claiming to exercise the right to buy shall be deemed to have been withdrawn at the end of that period (or, as the case may require, that period as extended under subsection (3)). (5) If a notice under this section has been served on the tenant and by virtue of section 150(2) (failure of tenant to pay rent, etc.) the landlord is not bound to complete, the tenant shall be deemed not to comply with the notice.

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153A Tenant’s notices of delay.

(1) Where a secure tenant has claimed to exercise the right to buy, he may serve on his landlord a notice (in this section referred to as an “initial notice of delay”) in any of the following cases, namely,— (a) where the landlord has failed to serve a notice under section 124 within the period appropriate under subsection (2) ...of that section; (b) where the tenant’s right to buy has been established and the landlord has failed to serve a notice under section 125 within the period appropriate under subsection (1) of that section; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) where the tenant considers that delays on the part of the landlord are preventing him from exercising expeditiously his right to buy or his right to acquire on rent to mortgage terms; and where an initial notice of delay specifies either of the cases in paragraphs (a) and (b), any reference in this section or section 153B to the default date is a reference to the end of the period referred to in the paragraph in question or, if it is later, the day appointed for the coming into force of section 124 of the Housing Act 1988. (2) An initial notice of delay— (a) shall specify the most recent action of which the tenant is aware which has been taken by the landlord pursuant to this Part of this Act; and (b) shall specify a period (in this section referred to as “the response period”), not being less than one month, beginning on the date of service of the notice, within which the service by the landlord of a counter notice under subsection (3) will have the effect of cancelling the initial notice of delay. (3) Within the response period specified in an initial notice of delay or at any time thereafter, the landlord may serve on the tenant a counter notice in either of the following circumstances— (a) if the initial notice specifies either of the cases in paragraphs (a) and (b)of subsection (1) and the landlord has served, or is serving together with the counter notice, the required notice under section 124, or section 125, as the case may be; or (b) if the initial notice specifies the case in subsection (1)(e) and there is no action under this Part which, at the beginning of the response period, it was for the landlord to take in order to allow the tenant expeditiously to exercise his right to buy or his right to acquire on rent to mortgage terms and which remains to be taken at the time of service of the counter notice. (4) A counter notice under subsection (3) shall specify the circumstances by virtue of which it is served. (5) At any time when— (a) the response period specified in an initial notice of delay has expired, and (b) the landlord has not served a counter notice under subsection (3), the tenant may serve on the landlord a notice (in this section and section 153B referred to as an “operative notice of delay”) which shall state that section 153B will apply to payments of rent made by the tenant on or after the default date or, if the initial notice of delay specified the case in subsection (1)(e), the date of the service of the notice. (6) If, after a tenant has served an initial notice of delay, a counter notice has been served under subsection (3), then, whether or not the tenant has also served an operative notice of delay, if any of the cases in subsection (1) again arises, the tenant may serve a further initial notice of delay and the provisions of this section shall apply again accordingly.

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153B Payments of rent attributable to purchase price etc.

(1) Where a secure tenant has served on his landlord an operative notice of delay, this section applies to any payment of rent which is made on or after the default date or, as the case may be, the date of the service of the notice and before the occurrence of any of the following events (and, if more than one event occurs, before the earliest to occur)— (a) the service by the landlord of a counter notice under section 153A(3); (b) the date on which the landlord makes to the tenant the grant required by section 138 or, as the case may be, section 150; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) the date on which the tenant withdraws or is deemed to have withdrawn the notice claiming to exercise the right to buy or, as the case may be, the notice claiming to exercise the right to acquire on rent to mortgage terms; and (e) the date on which the tenant ceases to be entitled to exercise the right to buy. (2) Except where this section ceases to apply on a date determined under paragraph (d) or (e) of subsection (1), so much of any payment of rent to which this section applies as does not consist of— (a) a sum due on account of rates or council tax, or (b) a service charge (as defined in section 621A), shall be treated not only as a payment of rent but also as a payment on account by the tenant which is to be taken into account in accordance with subsection (3). (3) In a case where subsection (2) applies, the amount which, apart from this section, would be the purchase price or, as the case may be, the the tenant’s initial payment shall be reduced by an amount equal to the aggregate of— (a) the total of any payments on account treated as having been paid by the tenant by virtue of subsection (2); and (b) if those payments on account are derived from payments of rent referable to a period of more than twelve months, a sum equal to the appropriate percentage of the total referred to in paragraph (a). (4) In subsection (3)(b) “ the appropriate percentage ” means 50 per cent. or such other percentage as may be prescribed.

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154 Registration of title.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Where the landlord’s title to the dwelling-house is not registered, the landlord shall give the tenant a certificate stating that the landlord is entitled to convey the freehold or make the grant subject only to such incumbrances, rights and interests as are stated in the conveyance or grant or summarised in the certificate. (3) Where the landlord’s interest in the dwelling-house is a lease, the certificate under subsection (2) shall also state particulars of that lease and, with respect to each superior title— (a) where it is registered, the title number; (b) where it is not registered, whether it was investigated in the usual way on the grant of the landlord’s lease. (4) A certificate under subsection (2) shall be— (a) in a form approved by the Chief Land Registrar, and (b) signed by such officer of the landlord or such other person as may be approved by the Chief Land Registrar. (5) The Chief Land Registrar shall, for the purpose of the registration of title, accept such a certificate as sufficient evidence of the facts stated in it; but if as a result he has to meet a claim against him under the Land Registration Act 2002 the landlord is liable to indemnify him. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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155 Repayment of discount on early disposal.

(1) A conveyance of the freehold or grant of a lease in pursuance of this Part shall contain (unless, in the case of a conveyance or grant in pursuance of the right to buy, there is no discount) a covenant binding on the secure tenant and his successors in title to the following effect. (2) In the case of a conveyance or grant in pursuance of the right to buy, the covenant shall be to pay the landlord such sum (if any) as the landlord may demand in accordance with section 155A on the occasion of the first relevant disposal (other than an exempted disposal) which takes place within the period of five years beginning with the conveyance or grant. (3) In the case of a conveyance or grant in pursuance of the right to acquire on rent to mortgage terms, the covenant shall be to pay the landlord such sum (if any) as the landlord may demand in accordance with section 155B on the occasion of the first relevant disposal (other than an exempted disposal) which takes place within the period of five years beginning with the making of the initial payment. (3A) Where a secure tenant has served on his landlord an operative notice of delay, as defined in section 153A,— (a) the five years referred to in subsection (2) shall begin from a date which precedes the date of the conveyance of the freehold or grant of the lease by a period equal to the time (or, if there is more than one such notice, the aggregate of the times) during which, by virtue of section 153B, any payment of rent falls to be taken into account in accordance with subsection (3) of that section; and (b) any reference in subsection (3) (other than paragraph (a) thereof) to the making of the initial payment shall be construed as a reference to the date which precedes that payment by the period referred to in paragraph (a) of this subsection.

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155A Amount of discount which may be demanded by landlord: right to buy

(1) For the purposes of the covenant mentioned in section 155(2), the landlord may demand such sum as he considers appropriate, up to and including the maximum amount specified in this section. (2) The maximum amount which may be demanded by the landlord is a percentage of the price or premium paid for the first relevant disposal which is equal to the discount to which the secure tenant was entitled, where the discount is expressed as a percentage of the value which under section 127 was taken as the value of the dwelling-house at the relevant time. (3) But for each complete year which has elapsed after the conveyance or grant and before the disposal the maximum amount which may be demanded by the landlord is reduced by one-fifth. (4) This section is subject to section 155C.

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155B Amount of discount which may be demanded by landlord: right to acquire on rent to mortgage terms

(1) For the purposes of the covenant mentioned in section 155(3), the landlord may demand such sum as he considers appropriate, up to and including the maximum amount specified in this section. (2) The maximum amount which may be demanded by the landlord is the discount (if any) to which the tenant was entitled on the making of— (a) the initial payment, (b) any interim payment made before the disposal, or (c) the final payment if so made, reduced, in each case, by one-fifth for each complete year which has elapsed after the making of the initial payment and before the disposal.

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155C Increase attributable to home improvements

(1) In calculating the maximum amount which may be demanded by the landlord under section 155A, such amount (if any) of the price or premium paid for the disposal which is attributable to improvements made to the dwelling-house— (a) by the person by whom the disposal is, or is to be, made, and (b) after the conveyance or grant and before the disposal, shall be disregarded. (2) The amount to be disregarded under this section shall be such amount as may be agreed between the parties or determined by the district valuer. (3) The district valuer shall not be required by virtue of this section to make a determination for the purposes of this section unless— (a) it is reasonably practicable for him to do so; and (b) his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made. (4) If the district valuer does not make a determination for the purposes of this section (and in default of an agreement), no amount is required to be disregarded under this section.

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156 Liability to repay is a charge on the premises.

(1) The liability that may arise under the covenant required by section 155 is a charge on the dwelling-house, taking effect as if it had been created by deed expressed to be by way of legal mortgage. (2) Subject to subsections (2A) and (2B), the charge has priority as follows— (a) if it secures the liability that may arise under the covenant required by section 155(2), immediately after any legal charge securing an amount advanced to the secure tenant by an approved lending institution for the purpose of enabling him to exercise the right to buy; (b) if it secures the liability that may arise under the covenant required by section 155(3), immediately after the mortgage— (i) which is required by section 151B (mortgage for securing redemption of landlord’s share), and (ii) which, by virtue of subsection (2) of that section, has priority immediately after any legal charge securing an amount advanced to the secure tenant by an approved lending institution for the purpose of enabling him to exercise the right to acquire on rent to mortgage terms. (2A) The following, namely— (a) any advance which is made otherwise than for the purpose mentioned in paragraph (a) or (b) of subsection (2) and is secured by a legal charge having priority to the charge taking effect by virtue of this section, and (b) any further advance which is so secured, shall rank in priority to that charge if, and only if, the landlord by written notice served on the institution concerned gives its consent; and the landlord shall so give its consent if the purpose of the advance or further advance is an approved purpose. (2B) The landlord may at any time by written notice served on an approved lending institution postpone the charge taking effect by virtue of this section to any advance or further advance which— (a) is made to the tenant by that institution, and (b) is secured by a legal charge not having priority to that charge; and the landlord shall serve such a notice if the purpose of the advance or further advance is an approved purpose. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3A) The covenant required by section 155 (covenant for repayment of discount) does not, by virtue of its binding successors in title of the tenant, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of this section, or a person deriving title under him; and a provision of the conveyance or grant, or of a collateral agreement is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with that covenant. (4) The approved lending institutions for the purposes of this section are— the Relevant Authority, (4ZA) In subsection (4) “the Relevant Authority” does not include the Regulator of Social Housing but does include the Homes and Communities Agency. (4ZB) In subsection (4) “the Relevant Authority” also includes the Greater London Authority. an authorised deposit taker an authorised insurer an authorised mortgage lender. . . .. (4A) The approved purposes for the purposes of this section are— (a) to enable the tenant to make an interim or final payment, (b) to enable the tenant to defray, or to defray on his behalf, any of the following— (i) the cost of any works to the dwelling-house, (ii) any service charge payable in respect of the dwelling-house for works, whether or not to the dwelling-house, and (iii) any service charge or other amount payable in respect of the dwelling-house for insurance, whether or not of the dwelling-house, and (c) to enable the tenant to discharge, or to discharge on his behalf, any of the following— (i) so much as is still outstanding of any advance or further advance which ranks in priority to the charge taking effect by virtue of this section, (ii) any arrears of interest on such an advance or further advance, and (iii) any costs and expenses incurred in enforcing payment of any such interest, or repayment (in whole or in part) of any such advance or further advance. (4B) Where different parts of an advance or further advance are made for different purposes, each of those parts shall be regarded as a separate advance or further advance for the purposes of this section. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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156A Right of first refusal for landlord etc.

(1) A conveyance of the freehold or grant of a lease in pursuance of this Part shall contain the following covenant, which shall be binding on the secure tenant and his successors in title. This is subject to subsection (8). (2) The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance or grant, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal. (3) In subsection (2) “ the prescribed conditions ” means such conditions as are prescribed by regulations under this section at the time when the conveyance or grant is made. (4) The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on— (a) a landlord who has conveyed a freehold or granted a lease to a person (“ the former tenant ”) in pursuance of this Part, or (b) such other person as is determined in accordance with the regulations, a right of first refusal to have a disposal within subsection (5) made to him for such consideration as is mentioned in section 158. (5) The disposals within this subsection are— (a) a reconveyance or conveyance of the dwelling-house; and (b) a surrender or assignment of the lease. (6) Regulations under this section may, in particular, make provision— (a) for the former tenant to offer to make such a disposal to such person or persons as may be prescribed; (b) for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted; (c) for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer; (d) for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the former tenant and any other prescribed person; (e) for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person; (f) for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken; (g) for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the former tenant is able to make a disposal on the open market; (h) for the manner in which any offer, acceptance or notification is to be communicated. (7) In subsection (6) any reference to the former tenant is a reference to the former tenant or his successor in title. Nothing in that subsection affects the generality of subsection (4). (8) In a case to which section 157(1) applies— (a) the conveyance or grant may contain a covenant such as is mentioned in subsections (1) and (2) above instead of a covenant such as is mentioned in section 157(1), but (b) it may do so only if the Secretary of State or, where the conveyance or grant is executed by a housing association within section 6A(3) or (4), the Relevant Authority consents. (9) Consent may be given in relation to— (a) a particular disposal, or (b) disposals by a particular landlord or disposals by landlords generally, and may, in any case, be given subject to conditions. (10) Regulations under this section— (a) may make different provision with respect to different cases or descriptions of case; and (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (11) The limitation imposed by a covenant within subsection (2) (whether the covenant is imposed in pursuance of subsection (1) or (8)) is a local land charge. (12) The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.

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157 Restriction on disposal of dwelling-houses in National Parks, etc.

(1) Where in pursuance of this Part a conveyance or grant is executed by a local authority . . . or a housing association (“the landlord”) of a dwelling-house situated in— (a) a National Park, (b) an area designated under section 82 of the Countryside and Rights of Way Act 2000 as an area of outstanding natural beauty, or (c) an area designated by order of the Secretary of State as a rural area, the conveyance or grant may (subject to section 156A(8) contain a covenant limiting the freedom of the tenant (including any successor in title of his and any person deriving title under him or such a successor) to dispose of the dwelling-house in the manner specified below. (2) The limitation is, . . . ), that until such time (if any) as may be notified in writing by the landlord to the tenant or a successor in title of his (a) , there will be no relevant disposal which is not an exempted disposal without the written consent of the landlord; but that consent shall not be withheld if the disposal is to a person satisfying the condition stated in subsection (3) and— (b) there will be no disposal by way of tenancy or licence without the written consent of the landlord unless the disposal is to a person satisfying that condition or by a person whose only or principal home is and, throughout the duration of the tenancy or licence, remains the dwelling-house. (3) The condition is that the person to whom the disposal is made (or, if it is made to more than one person, at least one of them) has, thoughout the period of three years immediately preceding the application for consent or, in the case of a disposal by way of tenancy or licence, preceding the disposal— (a) had his place of work in a region designated by order of the Secretary of State which, or part of which, is comprised in the National Park or area, or (b) had his only or principal home in such a region; or has had the one in part or parts of that period and the other in the remainder; but the region need not have been the same throughout the period. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) A disposal in breach of such a covenant as is mentioned in subsection (1) is void and, so far as it relates to disposals by way of tenancy or licence, such a covenant may be enforced by the landlord as if— (a) the landlord were possessed of land adjacent to the house concerned; and (b) the covenant were expressed to be made for the benefit of such adjacent land. (6A) Any reference in the preceding provisions of this section to a disposal by way of tenancy or licence does not include a reference to a relevant disposal or an exempted disposal. (7) Where such a covenant imposes the limitation specified in subsection (2), the limitation is a local land charge and the Chief Land Registrar shall enter a restriction in the register of title reflecting the limitation. (8) An order 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.

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158 Consideration for disposal under section 156A

(1) The consideration for such a disposal as is mentioned in section 156A(4) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the dwelling-house at the time when the offer is made (as determined in accordance with regulations under that section). (2) That value shall be taken to be the price which, at that time, the interest to be reconveyed , conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under— (a) the covenant required by section 155 (repayment of discount on early disposal), and (aa) any covenant required by paragraph 1 of Schedule 6A (obligation to redeem landlord’s share where conveyance or grant executed in pursuance of right to acquire on rent to mortgage terms), and (b) any convenant required by paragraph 6 of Schedule 8 (payment for outstanding share on disposal of dwelling-house subject to shared ownership lease), would be discharged by the vendor. (3) If the the offer is accepted in accordance with regulations under section 156A, no payment shall be required in pursuance of any such covenant as is mentioned in subsection (2), but the consideration shall be reduced , subject to subsection (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant. (4) Where there is a charge on the dwelling-house having priority over the charge to secure payment of the sum due under the covenant mentioned in subsection (2), the consideration shall not be reduced under subsection (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer to (as determined in accordance with regulations under section 156A).

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159 Relevant disposals.

(1) A disposal, whether of the whole or part of the dwelling-house, is a relevant disposal for the purposes of this Part if it is— (a) a further conveyance of the freehold or an assignment of the lease, or (b) the grant of a lease (other than a mortgage term) for a term of more than 21 years otherwise than at a rack rent. (2) For the purposes of subsection (1)(b) it shall be assumed— (a) that any option to renew or extend a lease or sub-lease, whether or not forming part of a series of options, is exercised, and (b) that any option to terminate a lease or sub-lease is not exercised.

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160 Exempted disposals.

(1) A disposal is an exempted disposal for the purposes of this Part if— (a) it is a disposal of the whole of the dwelling-house and a further conveyance of the freehold or an assignment of the lease and the person or each of the persons to whom it is made is a qualifying person (as defined in subsection (2)); (b) it is a vesting of the whole of the dwelling-house in a person taking under a will or on an intestacy; (c) it is a disposal of the whole of the dwelling-house in pursuance of any such order as is mentioned in subsection (3); (d) it is a compulsory disposal (as defined in section 161); or (e) it is a disposal of property consisting of land included in the dwelling-house by virtue of section 184 (land let with or used for the purposes of the dwelling-house). (2) For the purposes of subsection (1)(a), a person is a qualifying person in relation to a disposal if— (a) he is the person, or one of the persons, by whom the disposal is made, (b) he is the spouse or a former spouse , or the civil partner or a former civil partner, of that person, or one of those persons, or (c) he is a member of the family of that person, or one of those persons, and has resided with him throughout the period of twelve months ending with the disposal. (3) The orders referred to in subsection (1)(c) are orders under— (a) section 24 or 24A of the Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings), (b) section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate), (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents), or (e) Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders, or orders for the sale of property, in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ).

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161 Meaning of “compulsory disposal”.

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

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162 Exempted disposals which end liability under covenants.

Where there is a relevant disposal which is an exempted disposal by virtue of section 160(1)(d) or (e) (compulsory disposals or disposals of land let with or used for purposes of dwelling-house)— (a) the covenant required by section 155 (repayment of discount on early disposal) is not binding on the person to whom the disposal is made or any successor in title of his and that covenant and the charge taking effect by virtue of section 156 cease to apply in relation to the property disposed of, and (aa) the covenant required by section 156A (right of first refusal for landlord etc. ) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant ceases to apply in relation to the property disposed of, and (b) any such covenant as is mentioned in section 157 (restriction on disposal of dwelling-houses in National Parks, etc.) ceases to apply in relation to the property disposed of.

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163 Treatment of options.

(1) For the purposes of this Part the grant of an option enabling a person to call for a relevant disposal which is not an exempted disposal shall be treated as such a disposal made to him. (2) For the purposes of section 157(2) (requirement of consent to disposal of dwelling-house in National Park, etc.) a consent to such a grant shall be treated as a consent to a disposal in pursuance of the option.

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163A Treatment of deferred resale agreements for purposes of section 155

(1) If a secure tenant or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 155 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time. (2) In subsection (1) “ the appropriate time ” means— (a) the time when the agreement is entered into, or (b) if it was made before the beginning of the discount repayment period, immediately after the beginning of that period. (3) An agreement is within this subsection if it is an agreement between the secure tenant or his successor in title and any other person— (a) which is made (expressly or impliedly) in contemplation of, or in connection with, the tenant exercising, or having exercised, the right to buy, (b) which is made before the end of the discount repayment period, and (c) under which a relevant disposal (other than an exempted disposal) is or may be required to be made to any person after the end of that period. (4) Such an agreement is within subsection (3)— (a) whether or not the date on which the disposal is to take place is specified in the agreement, and (b) whether or not any requirement to make the disposal is or may be made subject to the fulfilment of any condition. (5) The Secretary of State may by order provide— (a) for subsection (1) to apply to agreements of any description specified in the order in addition to those within subsection (3); (b) for subsection (1) not to apply to agreements of any description so specified to which it would otherwise apply. (6) An order under subsection (5)— (a) may make different provision with respect to different cases or descriptions of case; 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) In this section— “ agreement ” includes arrangement; “ the discount repayment period ” means the period of three or five years that applies for the purposes of section 155(2) or (3) (depending on whether the tenant’s notice under section 122 was given before or on or after the date of the coming into force of section 185 of the Housing Act 2004).

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164 Secretary of State’s general power to intervene.

(1) The Secretary of State may use his powers under this section where it appears to him that tenants generally, a tenant or tenants of a particular landlord, or tenants of a description of landlords, have or may have difficulty in exercising effectively and expeditiously the right to buy or the right to acquire on rent to mortgage terms. (2) The powers may be exercised only after he has given the landlord or landlords notice in writing of his intention to do so and while the notice is in force. (3) Such a notice shall be deemed to be given 72 hours after it has been sent. (4) Where a notice under this section has been given to a landlord or landlords, no step taken by the landlord or any of the landlords while the notice is in force or before it was given has any effect in relation to the exercise by a secure tenant of the right to buy, or the right to acquire on rent to mortgage terms, except in so far as the notice otherwise provides. (5) While a notice under this section is in force the Secretary of State may do all such things as appear to him necessary or expedient to enable secure tenants of the landlord or landlords to which the notice was given to exercise the right to buy, and the right to acquire on rent to mortgage terms; and he is not bound to take the steps which the landlord would have been bound to take under this Part. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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165 Vesting orders for purposes of s. 164.

(1) For the purpose of conveying a freehold or granting a lease in the exercise of his powers under section 164 the Secretary of State may execute a document, to be known as a vesting order, containing such provisions as he may determine; and for the purposes of stamp duty the vesting order shall be treated as a document executed by the landlord. (2) A vesting order has the like effect, except so far as it otherwise provides, as a conveyance or grant duly executed in pursuance of this Part, and, in particular, binds both the landlord and its successors in title and the tenant and his successors in title (including any person deriving title under him or them) to the same extent as if the covenants contained in it and expressed to be made on their behalf had been entered into by them. (3) If the landlord’s title to the dwelling-house in respect of which a vesting order is made is not registered, the vesting order shall contain a certificate stating that the freehold conveyed or grant made by it is subject only to such incumbrances, rights and interests as are stated elsewhere in the vesting order or summarised in the certificate. (4) The Chief Land Registrar shall, on a vesting order being presented to him, register the tenant as proprietor of the title concerned; and if the title has not previously been registered— (a) he shall so register him with an absolute title, or as the case may require a good leasehold title, and (b) he shall, for the purpose of the registration, accept any such certificate as is mentioned in subsection (3) as sufficient evidence of the facts stated in it. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) If a person suffers loss in consequence of a registration under this section in circumstances in which he would have been entitled to be indemnified under Schedule 8 to the Land Registration Act 2002 by the Chief Land Registrar had the registration of the tenant as proprietor of the title been effected otherwise than under this section, he is instead entitled to be indemnified by the Secretary of State and section 166(4) of this Act (recovery of Secretary of State’s costs from landlord) applies accordingly.

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166 Other provisions supplementary to s. 164.

(1) A notice under section 164 may be withdrawn by a further notice in writing, either completely or in relation to a particular landlord or a particular case or description of case. (2) The further notice may give such directions as the Secretary of State may think fit for the completion of a transaction begun before the further notice was given; and such directions are binding on the landlord, and may require the taking of steps different from those which the landlord would have been required to take if the Secretary of State’s powers under section 164 had not been used. (3) Where in consequence of the exercise of his powers under section 164 the Secretary of State receives sums due to a landlord, he may retain them while a notice under that section is in force in relation to the landlord and is not bound to account to the landlord for interest accruing on them. (4) Where the Secretary of State exercises his powers under section 164 with respect to secure tenants of a landlord, he may— (a) calculate, in such manner and on such assumptions as he may determine, the costs incurred by him in doing so, and (b) certify a sum as representing those costs; and a sum so certified is a debt from the landlord to the Secretary of State payable on a date specified in the certificate, together with interest from that date at a rate so specified. (5) sums payable under subsection (4) may, without prejudice to any other method of recovery, be recovered from the landlord by the withholding of sums due from the Secretary of State, including sums payable to the landlord and received by the Secretary of State in consequence of his exercise of his powers under section 164. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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167 Power to give directions as to covenants and conditions.

(1) Where it appears to the Secretary of State that, if covenants or conditions of any kind were included in conveyances or grants of dwelling-houses of any description executed in pursuance of this Part— (a) the conveyances would not conform with Parts I and II of Schedule 6, or (b) the grants would not conform with Parts I and III of that Schedule or (c) in the case of conveyances or grants executed in pursuance of the right to acquire on rent to mortgage terms, the conveyances or grants would not conform with Schedule 6A, he may direct landlords generally, landlords of a particular description or particular landlords not to include covenants or conditions of that kind in such conveyances or grants executed on or after a date specified in the direction. (2) A direction under this section may be varied or withdrawn by a subsequent direction.

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168 Effect of direction under s. 167 on existing covenants and conditions.

(1) If a direction under section 167 so provides, the provisions of this section shall apply in relation to a covenant or condition which— (a) was included in a conveyance or grant executed before the date specified in the direction, and (b) could not have been so included if the conveyance or grant had been executed on or after that date. (2) The covenant or condition shall be discharged or (if the direction so provides) modified, as from the specified date, to such extent or in such manner as may be provided by the direction; and the discharge or modification is binding on all persons entitled or capable of becoming entitled to the benefit of the covenant or condition. (3) The landlord by whom the conveyance or grant was executed shall, within such period as may be specified in the direction— (a) serve on the person registered as the proprietor of the dwelling-house, and on any person registered as the proprietor of a charge affecting the dwelling-house, a written notice informing him of the discharge or modification, and (b) on behalf of the person registered as the proprietor of the dwelling-house, apply to the Chief Land Registrar (and pay the appropriate fee) for notice of the discharge or modification to be entered in the register. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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169 Power to obtain information, etc.

(1) Where it appears to the Secretary of State necessary or expedient for the purpose of determining whether his powers under section 164 or 166 (general power to intervene) or section 167 or 168 (power to give directions as to covenants and conditions) are exercisable, or for or in connection with the exercise of those powers, he may by notice in writing to a landlord require it— (a) at such time and at such place as may be specified in the notice, to produce any document, or (b) within such period as may be so specified or such longer period as the Secretary of State may allow, to furnish a copy of any document or supply any information. (2) Any officer of the landlord designated in the notice for that purpose or having custody or control of the document or in a position to give that information shall, without instructions from the landlord, take all reasonable steps to ensure that the notice is complied with. (3) In this section references to a landlord include— (a) a landlord by whom a conveyance or grant was executed in pursuance of this Part. . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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170 Power to give assistance in connection with legal proceedings.

(1) This section applies to— (a) proceedings under this Part or to determine a question arising under or in connection with this Part, and (b) proceedings to determine a question arising under or in connection with a conveyance or grant executed in pursuance of this Part, other than proceedings to determine a question as to the value of a dwelling-house (or part of a dwelling-house). (2) A party or prospective party to proceedings or prospective proceedings to which this section applies, who— (a) has claimed to exercise or has exercised the right to buy or the right to acquire on rent to mortgage terms, or (b) is a successor in title of a person who has exercised either of those rights, may apply to the Secretary of State for assistance under this section. (3) The Secretary of State may grant the application if he thinks fit to do so on the ground— (a) that the case raises a question of principle, or (b) that it is unreasonable having regard to the complexity of the case, or to any other matter, to expect the applicant to deal with it without such assistance, or by reason of any other special consideration. (4) Assistance by the Secretary of State under this section may include— (a) giving advice. (b) procuring or attempting to procure the settlement of the matter in dispute, (c) arranging for the giving of advice or assistance by a solicitor or counsel, (d) arranging for representation by a solicitor or counsel, including such asistance as is usually given by a solicitor or counsel in the steps preliminary or incidental to any proceedings, or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings, and (e) any other form of assistance which the Secretary of State may consider appropriate; but paragraph (d) does not affect the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in any proceedings. (5) In so far as expenses are incurred by the Secretary of State in providing the applicant with assistance under this section, the recovery of those expenses (as taxed or assessed in such manner as may be prescribed by rules of court) shall constitute a first charge for the benefit of the Secretary of State— (a) on any costs which (whether by virtue of a judgment or order of a court or an agreement or otherwise) are payable to the applicant by any other person in respect of the matter in connection with which the assistance was given, and (b) so far as relates to any costs, on his rights under any compromise or settlement arrived at in connection with that matter to avoid or bring to an end any proceedings; but subject to any charge imposed by section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and any provision in, or made under, Part I of that Act for the payment of any sum to the Lord Chancellor. (6) References in this section to a solicitor include the Treasury Solicitor.

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171 Power to extend right to buy, etc.

(1) The Secretary of State may by order provide that, where there are in a dwelling-house let on a secure tenancy one or more interest to which this section applies, this Part and Part IV (secure tenancies) have effect with such modifications as are specified in the order. (2) This section applies to an interest held by— a local authority, a new town corporation, a housing action trust an urban development corporation, a Mayoral development corporation, . . . the Regulator of Social Housing or Scottish Homes, a non-profit registered provider of social housing or a registered social landlord, which is immediately superior to the interest of the landlord or to another interest to which this section applies. (3) An order under this section— (a) may make different provision with respect to different cases or descriptions of case; (b) may contain such consequential, 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.

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171A Cases in which right to buy is preserved.

(1) The provisions of this Part continue to apply where a person ceases to be a secure tenant of a dwelling-house by reason of the disposal by the landlord of an interest in the dwelling-house in England to a person who is not an authority or body within section 80 (the landlord condition for secure tenancies). (2) In the following provisions of this Part— (a) references to the preservation of the right to buy and to a person having the preserved right to buy are to the continued application of the provisions of this Part by virtue of this section and to a person in relation to whom those provisions so apply; (b) “ qualifying disposal ” means a disposal in relation to which this section applies, and (c) “ former secure tenant ” and the “ former landlord ” are the persons mentioned in subsection (1). (3) This section does not apply— (a) where the former landlord was a person against whom the right to buy could not be exercised by virtue of paragraph 1, 2 or 3 of Schedule 5 (charities and certain housing associations), or (b) in such other cases as may be excepted from the operation of this section by order of the Secretary of State. (4) Orders under subsection (3)( b )— (a) may relate to particular disposals and 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.

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171B Extent of preserved right: qualifying persons and dwelling-houses.

(1) A person to whom this section applies has the preserved right to buy a relevant dwelling-house in England so long as he occupies the relevant dwelling-house as his only or principal home, subject to the following provisions of this Part. (1A) A person to whom this section applies ceases to have the preserved right to buy if the tenancy of a relevant dwelling-house becomes a demoted tenancy by virtue of a demotion order under section 6A of the Housing Act 1988. (2) References in this Part to a “qualifying person” and “qualifying dwelling-house”, in relation to the preserved right to buy, are to a person who has that right and to a dwelling-house in relation to which a person has that right. (3) The following are the persons to whom this section applies— (a) the former secure tenant, or in the case of a joint tenancy, each of them; (b) a qualifying successor as defined in subsection (4); and (c) a person to whom a tenancy of a dwelling-house is granted jointly with a person who has the preserved right to buy in relation to that dwelling-house. (4) The following are qualifying successors for this purpose— (a) where the former secure tenancy was not a joint tenancy and, immediately before his death, the former secure tenant was tenant under an assured tenancy of a dwelling-house in relation to which he had the preserved right to buy, a member of the former secure tenant’s family who acquired that assured tenancy under the will or intestacy of the former secure tenant or in whom that assured tenancy vested under section 17 of the Housing Act 1988 (statutory succession to assured tenancy); (aa) where the former secure tenancy was not a joint tenancy, a member of the former secure tenant’s family to whom the former secure tenant assigned his assured tenancy of a dwelling-house in relation to which, immediately before the assignment, he had the preserved right to buy (b) a person who becomes the tenant of a dwelling-house in pursuance of— (i) a property adjustment order undersection 23A or 24 of the Matrimonial Causes Act 1973, or (ii) an order under Schedule 1 to the Matrimonial Homes Act 1983 or Schedule 7 to the Family Law Act 1996 transferring the tenancy, or (iii) a property adjustment order under section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), or (iv) an order under paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents), or (v) an order under Part 2 of Schedule 5, or a property adjustment order under 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.), in place of a person who had the preserved right to buy in relation to that dwelling-house. (5) The relevant dwelling-house is in the first instance— (a) in relation to a person within paragraph (a) subsection (3), the dwelling-house which was the subject of the qualifying disposal; (b) in relation to a person within paragraph (b) of that subsection, the dwelling-house of which he became the statutory tenant or tenant as mentioned in subsection (4); (c) in relation to a person within paragraph (c) of subsection (3), the dwelling-house of which he became a joint tenant as mentioned in that paragraph. (6) If a person having the preserved right to buy becomes the tenant of another dwelling-house in England in place of the relevant dwelling-house (whether the new dwelling-house is entirely different or partly or substantially the same as the previous dwelling-house) and the landlord is the same person as the landlord of the previous dwelling-house or, where that landlord was a company, is a connected company, the new dwelling-house becomes the relevant dwelling-house for the purposes of the preserved right to buy. For this purpose “ connected company ” means a subsidiary or holding company within the meaning of section 1159 of the Companies Act 2006. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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171C Modifications of this Part in relation to preserved right.

(1) Where the right to buy is preserved, the provisions of this Part have effect subject to such exceptions, adaptations and other modifications as may be prescribed by regulations made by the Secretary of State. (2) The regulations may in particular provide— (a) that paragraphs 1, 3 and 5 to 11 of Schedule 5 (certain exceptions to the right to buy) do not apply; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) that the provisions of this Part relating to the right to acquire on rent to mortgage terms do not apply; and (d) that the landlord is not required to but may include a covenant for the repayment of discount, provided its terms are no more onerous than those of the covenant provided for in section 155. (3) The prescribed exceptions, adaptations and other modifications shall take the form of textual amendments of the provisions of this Part as they apply in cases where the right to buy is preserved; and the first regulations, and any subsequent consolidating regulations, shall set out the provisions of this Part as they so apply. (4) The regulations— (a) may make different provision for different cases or descriptions of case, including different provision for different areas, (b) may contain such incidental, supplementary and transitional provisions as the Secretary of State considers appropriate, 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) The disapplication by the regulations of paragraph 1 of Schedule 5 shall not be taken to authorise any action on the part of a charity which would conflict with the trusts of the charity.

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171D Subsequent dealings: disposal of landlord’s interest in qualifying dwelling-house.

(1) The disposal by the landlord of an interest in the qualifying dwelling-house, whether his whole interest or a lesser interest, does not affect the preserved right to buy, unless— (a) as a result of the disposal an authority or body within section 80(1) (the landlord condition for secure tenancies) becomes the landlord of the qualifying person or persons, or (b) paragraph 6 of Schedule 9A applies (effect of failure to register entry protecting preserved right to buy), in which case the right to buy ceases to be preserved. (2) The disposal by the landlord of a qualifying dwelling-house of less than his whole interest as landlord of the dwelling-house, or in part of it, requires the consent of the Secretary of State, unless the disposal is to the qualifying person or persons. (2ZA) Subsection (2) does not apply to a disposal of land by a private registered provider of social housing or by a registered social landlord. (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Consent may be given in relation to a particular disposal or generally in relation to disposals of a particular description and may, in either case, be given subject to conditions. (4) A disposal made without the consent required by subsection (2) is void, except in a case where, by reason of a failure to make the entries on the land register or land charges register required by Schedule 9A, the preserved right to buy does not bind the person to whom the disposal is made.

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