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  35. 27B Agreements with housing co-operatives under superseded provisions.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

387 Right of entry for inspection and carrying out of works.

(1) The local housing authority, and any person authorised in writing by the authority, have, as against a person having an estate or interest in a house which is subject to a control order, the right at all reasonable times to enter any part of the house for the purpose of survey and examination or of carrying out works. (2) The right conferred by subsection (1) is without prejudice to the rights conferred on the authority by section 381 (general effect of control order). (3) Where part of a house is excluded from the provisions of a control order under section 380 (modification of order where dispossessed proprietor resides in part of the house), the right conferred by subsection (1) is exercisable as respects that part so far as is reasonably required for the purpose of survey and examination of, or carrying out works in, the part of the house which is subject to the control order. (4) If the occupier of part of a house subject to a control order, after receiving notice of the intended action, prevents any officers, agents, servants, or workmen of the local housing authority from carrying out work in the house a magistrates’ court may order him to permit to be done on the premises anything which the authority consider necessary. (5) A person who fails to comply with an order of the court under subsection (4) commits a summary offence and is liable to a fine not exceeding level 5 on the standard scale

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388 Power to supply furniture and fittings.

The local housing authority may fit out, furnish and supply a house subject to a control order with such furniture, fittings and conveniences as appear to them to be required.

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389 Compensation payable to dispossessed proprietor.

(1) The local housing authority shall pay compensation to the dispossessed proprietor— (a) in respect of the period during which the control order is in force, at a rate calculated in accordance with Part II of Schedule 13 . . . ; (b) in respect of a period during which the authority have the right to possession of furniture in pursuance of section 383 (house subject to furnished letting when control order made), at such rate as the parties agree or is determined in default of agreement by the rent tribunal for the district in which the house is situated. (2) Compensation accrues from day to day (and is apportionable in respect of time accordingly) and is payable by quarterly instalments, the first instalment being payable three months after the date when the control order comes into force. (3) If at the time when compensation accrues due the estate or interest of the dispossessed proprietor or, as the case may be, the furniture in question is subject to a mortgage or charge, the compensation is also comprised in the mortgage or charge.

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390 Facilities to be afforded to dispossessed proprietor and others.

(1) The local housing authority shall— (a) keep full accounts of their income and expenditure in respect of a house which is subject to a control order, and (b) afford to the dispossessed proprietor, or any other person having an estate or interest in the house, all reasonable facilities for inspecting, taking copies of and verifying those accounts. (2) While a control order is in force the local housing authority shall afford to the dispossessed proprietor, or any other person having an estate or interest in the house, any reasonable facilities requested by him for inspecting and examining the house.

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391 Power of court to modify or determine lease.

(1) Either the lessor or lessee under a lease of premises which consist of or include a house which is subject to a control order, other than a lease to which section 382(2) applies (leases under which persons are occupying parts of the house and which have effect as if the local housing authority were substituted as landlord), may apply to the county court for an order for the determination of the lease or for its variation. (2) If on such an application the court is satisfied that— (a) if the lease is determined and the control order is revoked, the lessor will be in a position, and intends, to take all such action to remedy the condition of the house as the local housing authority consider they would, if a control order had not been in force, have required to be carried out under any provision of this Part, and (b) that the authority intend, if the lease is determined, to revoke the control order, the court shall exercise the jurisdiction conferred by this section so as to determine the lease. (3) An order under this section may be unconditional or subject to such terms and conditions as the court thinks just and equitable to impose having regard to the respective rights, obligations and liabilities of the parties underthe lease and to the other circumstances. (4) The terms and conditions may include terms or conditions with respect to the payment of money by a party to the proceedings to another party to the proceedings, by way of compensation, damages or otherwise. (5) An order under this section may include provisions for modifying in relation to the lease the effect of the provisions of paragraph 15 of Schedule 13 (re-transfer of the landlord’s interest on the cessation of the control order).

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392 Expiry or revocation of control order.

(1) A control order ceases to have effect at the expiry of the period of five years beginning with the date on which it came into force. (2) The local housing authority may at any earlier time, either on application or on their own initiative, by order revoke a control order. (3) The authority shall, at least 21 days before revoking a control order, serve notice of their intention to do so on— (a) the persons occupying any part of the house, and (b) every person who is to the knowledge of the authority an owner, lessee or mortgagee of the house. (4) If a person applies to the local authority requesting the authority to revoke a control order and giving the grounds on which the application is made, the authority shall if they refuse the application inform the applicant of their decision and of their reasons for rejecting the grounds advanced by him. (5) Where the local housing authority propose to revoke a control order under this section on their own initiative and apply to the county court under this subsection, the court may approve the taking of any of the following steps to take effect on the revocation of the control order, that is— (a) the serving of a notice under section 352, . . . or 372 (notices requiring the execution of works), (b) the giving of a direction under section 354 (direction limiting number of occupants of house), or (c) the making of an order under section 370 (order applying management code to house); and no appeal lies against a notice or order so approved.

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393 Appeal against refusal to revoke control order.

(1) If the local housing authority— (a) refuse an application under section 392 for the revocation of a control order, or (b) do not within 42 days from the making of such an application or such further period as the applicant may in writing allow, inform him of their decision, the applicant may appeal to the county court and the county court may revoke the order. (2) The court shall revoke the control order if— (a) the appellant has an estate or interest in the house which, apart from the rights conferred on the local housing authority by section 381 (general effect of control order) and the rights of persons occupying any part of the house, would give him the right to possesion of the house, (b) that estate or interest was, when the control order came into force, subject to a lease for a term of years which has subsequently expired, and (c) the appellant satisfies the court that he is in a position and intends, if the control order is revoked, to demolish or reconstruct the house or to carry out substantial work of construction on the site of the house; and if the court is not so satisfied but would be so satisfied if the date of revocation of the control order were a date later than the hearing of the appeal, the court shall, if the appellant so requires, make an order for the revocation of the control order on that later date. (3) If an appeal is brought under this section, the leave of the court is required for the bringing of another appeal against the same order, whether by the same or a different appellant, within the period of six months beginning with the final determination of the previous appeal. (4) Further provisions as to certain matters arising on the revocation of a control order on appeal are contained in Part III of Schedule 13.

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394 Cessation of control order.

Further provisions as to matters arising on the cessation of a control order are contained in Parts III and IV of Schedule 13— Part III relates to the cessation of control orders generally, and Part IV provides for the case where a control order is followed by a compulsory purchase order.

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395 Powers of entry.

(1) Where it appears to the local housing authority that survey or examination of any premises is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises, a person authorised by the authority may at any reasonable time, on giving 24 hours’ notice of his intention to the occupier, and to the owner if the owner is known, enter the premises for the purpose of such a survey and examination. (2) A person authorised by the local housing authority may at any reasonable time, without any such prior notice as is mentioned in subsection (1), enter any premises for the purpose of ascertaining whether an offence has been committed under any of the following provisions of this Part— section 348G (contravention of or failure to comply with provision of registration scheme), section 355(2) (failure to comply with requirements of direction limiting number of occupants of house), section 358(4) (contravention of overcrowding notice), section 368(3) (use or permitting use of part of house with inadequate means of escape from fire in contravention of undertaking), section 369(5) (contravention of or failure to comply with regulations prescribing management code), section 376(1) or (2) (failure to comply with notice requiring execution of works). (3) An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.

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395A Codes of practice.

(1) The Secretary of State may by order— (a) approve any code of practice (whether prepared by him or another person) which, in his opinion, gives suitable guidance to any person in relation to any matter arising under this Part; (b) approve any modification of such a code; or (c) withdraw such a code or modification. (2) The Secretary of State shall only approve a code of practice or a modification of a code if he is satisfied that— (a) the code or modification has been published (whether by him or by another person) in such manner as he considers appropriate for the purpose of bringing the code or modification to the notice of those likely to be affected by it; or (b) arrangements have been made for the code or modification to be so published. (3) The Secretary of State may approve— (a) more than one code of practice in relation to the same matter; (b) a code of practice which makes different provision with respect to different cases or descriptions of case (including different provision for different areas). (4) A failure to comply with a code of practice for the time being approved under this section shall not of itself render a person liable to any civil or criminal proceedings; but in any civil or criminal proceedings— (a) any code of practice approved under this section shall be admissible in evidence, and (b) any provision of any such code which appears to the court to be relevant to any question arising in the proceedings shall be taken into account in determining that question. (5) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (6) In this section references to a code of practice include references to a part of a code of practice.

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396 Penalty for obstruction.

(1) It is a summary offence intentionally to obstruct an officer of the local housing authority, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do. (2) A person committing such an offence is liable on conviction to a fine not exceeding level 4 on the standard scale.

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397 Warrant to authorise entry.

(1) Where it is shown to the satisfaction of a justice of the peace, on sworn information in writing, that admission to premises specified in the information is reasonably required by a person employed by, or acting on the instructions of, the local housing authority— (a) for the purpose of survey and examination to determine whether any powers under this Part should be exercised in respect of the premises, or (b) for the purpose of ascertaining whether an offence has been committed under any of the provisions of this Part listed in section 395(2), the justice may by warrant under his hand authorise that person to enter on the premises for those purposes or for such of those purposes as may be specified in the warrant. (2) The justice shall not grant the warrant unless he is satisfied— (a) that admission to the premises has been refused and, except where the purpose specified in the information is that mentioned in subsection (1)(b), that admission was sought after not less than 24 hours’ notice of the intended entry had been given to the occupier, or (b) that application for admission would defeat the purpose of the entry. (3) The power of entry conferred by the warrant includes power to enter by force, if need be, and may be exercised by the person on whom it is conferred either alone or together with other persons. (4) If the premises are unoccupied or the occupier is temporarily absent, a person entering under the authority of the warrant shall leave the premises as effectively secured against trespassers as he found them. (5) The warrant continues in force until the purpose for which the entry is required is satisfied.

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398 Meaning of “lessee”, “owner”, “person, having control” and similar expressions.

(1) In this Part the expressions “lessee”, “owner” “person having an estate or interest”, “person having control”, and “person managing” shall be construed as follows. (2) “Lessee” includes a statutory tenant of the premises, and references to a lease or to a person to whom premises are let shall be construed accordingly. (3) “Owner”— (a) means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple of the premises whether in possession or in reversion, and (b) includes also a person holding or entitled to the rents and profits of the premises under a lease having an unexpired term exceeding three years. (4) “Person having an estate or interest” includes a statutory tenant of the premises. (5) “Person having control” means the person who receives the rack-rent of the premises, whether on his own account or as agent or trustee of another person, or who would so receive it if the premises were let at a rack-rent (and for this purpose a “rack-rent” means a rent which is not less than 2/3rds of the full net annual value of the premises). (6) “Person managing”— (a) means the person who, being an owner or lessee of the premises— (i) receives, directly or through an agent or trustee, rents or other payments from persons who are tenants of parts of the premises, or who are lodgers, or (ii) would so receive those rents or other payments but for having entered into an arrangement (whether in pursuance of a court order or otherwise) with another person who is not an owner or lessee of the premises by virtue of which that other person receives the rents or other payments, and (b) includes, where those rents or other payments are received through another person as agent or trustee, that other person.

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399 Minor definitions.

In this Part— “dispossessed proprietor”, in relation to a house subject to a control order, means the person by whom the rent or other periodical payments to which the local housing authority become entitled on the coming into force of the order would have been receivable but for the making of the order, and the successors in title of that person; “final determination”, in relation to an appeal, includes the withdrawal of the appeal, which has the same effect for the purposes of this Part as a decision dismissing the appeal; “house” includes any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it.

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400 Index of defined expressions: Part XI.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):— appropriate multiplier | Schedule 13, paragraph 13 assured tenancy | section 622 assured agricultural occupancy | section 622 control order | section 379(1) control provisions | section 347(1) dispossessed proprietor | section 399 district (of a local housing authority) | section 2(1) district valuer | section 622 expenditure incurred (in respect of a house subject to a control order) | section 385(3) and Schedule 13, paragraph 2(3) final determination (in relation to an appeal) | section 399 flat in multiple occupation | section 354 gross value | Schedule 13, paragraphs 8 to 12 house | section 399 house in multiple occupation | section 345 lessee (and “lease” and “let”) | sections 398 and 621 local housing authority | section 1, 2(2) management code | section 369 management scheme | section 386 occupancy direction (in connection with special control provisions) | section 348D overcrowding notice | section 358(1) owner | section 398(3) person having control | section 398(5) person having an estate or interest | section 398(4) person managing | sections 369(4), 372(5) and 398(6) registration scheme | section 346 relevant management failure (for purposes of sections 348B to 348E) | section 348F the Rent Acts | section 622 rents or other payments | Schedule 13, paragraph 2(2) special control provisions | section 348B standard scale (in reference to the maximum fine on summary conviction) | section 622 statutory tenant | section 622 surpluses on revenue account as settled by the scheme (in Schedule 13) | Schedule 13, paragraph 2(1) tenant | section 621

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401 Meaning of “common lodging house”.

In this Part “common lodging house” means a house (other than a public assistance institution) provided for the purpose of accommodating by night poor persons, not being members of the same family, who resort to it and are allowed to occupy one common room for the purpose of sleeping or eating, and includes, where part only of a house is so used, the part so used.

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402 No person to keep a common lodging house unless registered.

No person shall keep a common lodging house, or receive a lodger in a common lodging house, unless he is registered as the keeper of the house under this Part. Provided that, when the registered keeper of a common lodging house dies, his widow or any other member of his family may, for a period not exceeding four weeks from his death or such longer period as the local housing authority may sanction, keep the common lodging house without being registered as the keeper.

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403 Register of common lodging house keepers and their houses.

The local housing authority shall keep a register in which shall be entered— (a) the full names and the place of residence of every person registered as the keeper of a common lodging house; (b) the situation of every such lodging house; (c) the number of persons authorised to be received in the lodging house; and (d) the full names and places of residence of any persons who are to act as deputies of the keeper of the lodging house.

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404 Provisions with respect to registration.

(1) Subject to the following provisions of this section, a local housing authority, on receiving from a person an application in writing— (a) for registration as a keeper of a common lodging house, or (b) for the renewal of his registration, shall register the applicant in respect of the common lodging house named in the application, or renew his registration in respect of it, and issue to him a certificate of registration or renewal (2) The authority shall not register an applicant until an officer of the authority has inspected the premises named in the application and has made a report on them. (3) The authority may refuse to register, or renew the registration of, an applicant if they are satisfied that— (a) he, or a person employed or proposed to be employed by him at the common lodging house, as a deputy or otherwise, is not a fit person, whether by reason of his age or otherwise, to keep or to be employed at a common lodging house; or (b) the premises are not suitable for use as a common lodging house or are not, as regards sanitation and water supply and in other respects, including means of escape in case of fire, suitably equipped for such use; or (c) the use of the premises as a common lodging house is likely to occasion inconvenience or annoyance to persons residing in the neighbourhood. (4) The registration of a person as a keeper of a common lodging house remains in force for such period, not exceeding 13 months, as may be fixed by the authority, but may be renewed by them for a period not exceeding 13 months at any one time. (5) If a local housing authority refuse to grant or renew registration, they shall, if required by the applicant, give him a statement in writing of the grounds on which his application is refused. (6) A local housing authority shall at any time, on the application of a person registered as the keeper of a common lodging house— (a) remove from the register the name of any person entered in it as a deputy of the keeper, or (b) insert the name of any other person (being a person approved by the authority) whom the keeper proposes to employ as a deputy, and shall make any consequential alterations in the certificate of registration.

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405 Appeals against refusal of registration.

(1) A person aggrieved by the refusal of a local housing authority under section 404 to grant or renew registration may appeal to a magistrates’ court. (2) The time within which an appeal may be brought is 21 days from the date on which notice of the authority’s refusal was served on the person desiring to appeal; and for the purposes of this subsection the making of the complaint shall be deemed to be the bringing of the appeal. (3) Where such an appeal lies, the document notifying to the person concerned the decision of the authority in the matter shall state the right of appeal to a magistrates’ court and the time within which such an appeal may be brought. (4) A person aggrieved by a decision of a magistrates’ court on such an appeal may appeal to the Crown Court. (5) Where on an appeal under this section a court varies or reverses the authority’s decision, the authority shall make any necessary entry in the register and issue any necessary certificate.

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406 Byelaws as to common lodging houses.

A local housing authority may, and if so required by the Secretary of State shall, make byelaws— (a) for fixing the number of persons who may be received into a common lodging house, and for the separation of the sexes in it; (b) for promoting cleanliness and ventilation in common lodging houses, and requiring the walls and ceilings of such lodging houses to be limewashed, or treated with some other suitable preparation, at specified intervals; (c) with respect to the taking of precautions when any case of infectious disease occurs in such a lodging house and (d) generally for the well-ordering of such lodging houses.

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407 Management and control of common lodging houses.

(1) The keeper of a common lodging house shall, if required by the local housing authority to do so, affix, and keep affixed and undefaced and legible, a notice with the words “Registered Common Lodging-house” in some conspicuous place on the outside of the house. (2) Either the keeper of the lodging house, or a deputy registered under this Part, shall manage the lodging house and exercise supervision over persons using it, and either the keeper or a deputy so registered shall be at the lodging house continuously between the hours of nine o’clock in the evening and six o’clock in the morning of the following day. (3) The local housing authority may by notice require the keeper of a common lodging house in which beggars or vagrants are received to report daily to them, or to such persons as they may direct, every lodger who resorted to the house during the preceding day or night. (4) An authority who require such reports to be made shall supply to the keeper of the lodging house schedules to be filled up by him with the information required and to be transmitted by him in accordance with their notice. (5) The keeper of a common lodging house, and every other person having the care or taking part in the management of it, shall at all times, if required by an authorised officer of the local housing authority, allow him to have free access to all parts of the house.

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408 Offences.

(1) It is a summary offence for a person— (a) to contravene or fail to comply with any of the provisions of this Part; (b) being the registered keeper of a common lodging house, to fail to keep the premises suitably equipped for use as such; (c) to apply to be registered as the keeper of a common lodging house at a time when he is, under section 409, disqualified from being so registered; or (d) in an application for registration, or for the renewal of his registration, as the keeper of a common lodging house, to make a statement which he knows to be false. (2) A person committing such an offence is liable on conviction to a fine not exceeding level 2 on the standard scale and, subject to subsection (3), to a further fine not exceeding one-tenth of the amount corresponding to that level for each day on which the offence continues after conviction. (3) The court by which a person is convicted of the original offence may fix a reasonable period from the date of conviction for compliance by the defendant with any directions given by the court and, where a court has fixed such a period, the daily penalty is not recoverable in respect of any day before the period expires.

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409 Power of court on conviction to cancel registration and to disqualify for re-registration

Where the registered keeper of a common lodging house is convicted of— (a) an offence under this Part or a byelow made under it, or (b) an offence under section 39(2) or 49(2) of the Public Health (Control of Disease) Act 1984 (failure to notify case of infectious disease or failure to comply with closing order made on account of notifiable disease), the court by which he is convicted may cancel his registration as a common lodging house keeper and may order that he be disqualified for such period as the court thinks fit from being again registered as such a keeper.

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410 Duty of local housing authority to enforce this Part.

(1) The local housing authority shall carry this Part into execution. (2) Sections 322 to 326 of the Public Health Act 1936 (default powers of Secretary of State and related provisions) apply in relation to failure by a local housing authority to discharge their functions under this Part.

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411 Powers of entry.

(1) An authorised officer of a local housing authority may at any reasonable time, on giving 24 hours’ notice of his intention to the occupier and producing, if so required, some duly authenticated document showing his authority, enter premises for the purpose— (a) of ascertaining whether there is, or has been, on or in connection with the premises, any contravention of the provisions of this Part or of any byelaw made under it; (b) of ascertaining whether circumstances exist which would authorise or require the authority to take any action under this Part or any such byelaws; (c) for the purpose of taking any action authorised or required by this Part or any such byelaws to be taken by the authority; or (d) generally, for the purpose of the performance by the authority of their functions under this Part or any such byelaws. (2) If it is shown to the satisfaction of a justice of the peace on sworn information in writing that there is reasonable ground for entry into premises for any of the purposes mentioned in subsection (1) and— (a) that admission to premises has been refused, or that refusal is apprehended, (b) that the premises are unoccupied or the occupier is temporarily absent, or (c) that the case is one of urgency or that an application for admission would defeat the object of the entry, he may, by warrant under his hand, authorise the authority by any authorised officer to enter the premises, by force if need be. (3) A warrant shall not be issued unless the justice is satisfied either— (a) that notice of the intention to apply for a warrant has been given to the occupier, or (b) that the premises are unoccupied, the occupier is temporarily absent, the case is one of urgency, or the giving of such notice would defeat the object of the entry. (4) An authorised officer entering premises by virtue of this section, or of a warrant issued under this section, may take with him such other persons as may be necessary; and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them. (5) A warrant granted under this section continues in force until the purpose for which the entry is necessary has been satisfied.

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412 Penalty for obstruction.

(1) It is a summary offence for a person intentionally to obstruct a person acting in the execution of this Part or of any byelaw or warrant made or issued under it. (2) A person committing such an offence is liable on conviction to a fine not exceeding level 3 on the standard scale.

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413 Restriction on right to prosecute.

Proceedings in respect of an offence created by or under this Part shall not, without the written consent of the Attorney General, be taken by any person other than a party aggrieved or the local housing authority.

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414 Evidence in legal proceedings.

(1) If in proceedings under this Part it is alleged that the inmates of a house or part of a house are members of the same family, the burden of proving that allegation rests on the person by whom it is made. (2) In proceedings under this Part a document purporting to be a copy of an entry in the register of common lodging houses and purporting to be certified as such by the proper officer of the local housing authority shall be prima facie evidence of the matters recorded in the entry. (3) The proper officer of the local housing authority shall supply such a certified copy free of charge to any person who applies for it at a reasonable hour.

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415 Power to apply provisions to Crown property

Section 341 of the Public Health Act 1936 (power to apply provisions to Crown property) applies to the provisions of this Part as it applies to provisions of that Act.

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416 Index of defined expressions: Part XII.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section):— common lodging house | section 401 local housing authority | section 1, 2(2) standard scale (in reference to the maximum fine on summary conviction) | section 622

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417 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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421 Housing subsidy.

(1) Housing subsidy is payable for each year to development corporations . . .. (2) Housing subsidy shall be credited to the corporation's housing account (3) Housing subsidy shall be paid by the Secretary of State at such times, in such manner and subject to such conditions as to records, certificates, audit or otherwise as he may, with the agreement of the Treasury, determine. (4) Payment of housing subsidy is subject to the making of a claim for it in such form, and containing such particulars, as the Secretary of State may from time to time determine.

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422 Calculation of housing subsidy for local housing authorities.

(1) The amount of the housing subsidy payable to a development corporation for a year (the year of account) shall be calculated from the amounts which, in accordance with sections 423 to 425, are the corporation’s— (a) base amount (BA), (b) housing costs differential (HCD), and (c) local contribution differential (LCD), for the year, and shall be so calculated by using the formula BA+HCD-LCD. (2) If the amount so calculated is nil or a negative amount, no housing subsidy is payable to the corporation for that year.

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423 The base amount.

(1) A development corporation’s base amount for a year of account is, subject to any adjustment under subsection (2), the amount calculated for the preceding year under section 422, that is to say, the amount of the housing subsidy payable to the corporation for that year or, if none was payable, nil or a negative amount, as the case may be. (2) If the Secretary of State is of opinion that particular circumstances require it, he may adjust the base amount for amy year by increasing or decreasing it, either generally or in relation to . . . any particular corporation .

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424 The housing costs differential.

(1) A development corporation’s housing costs differential for a year of account is the amount by which their reckonable expenditure for that year exceeds their reckonable expenditure for the preceding year (and accordingly is nil or, as the case may be, a negative amount if the reckonable expenditure for the year is the same as or less than that for the preceding year). (2) A development corporation’s reckonable expenditure for a year is the aggregate of— (a) so much of the expenditure incurred by the corporation in that year and falling to be debited to the corporation’s housing account as the Secretary of State may determine, and (b) so much of any other expenditure incurred by the corporation in that year, or treated as so incurred in accordance with a determination made by the Secretary of State, as the Secretary of State may determine to be taken into account for the purposes of housing subsidy. (3) A determination may be made for all development corporations or different determinations may be made for individual corporations; and a determination may be varied or revoked in relation to all or any of the corporations for which it was made. (4) Before making a determination for all development corporations the Secretary of State shall consult organisations appearing to him to be representative of development corporations.

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425 The local contribution differential.

(1) A development corporation’s local contribution differential for a year of account is the amount by which their reckonable income for that year exceeds their reckonable income for the preceding year (and accordingly is nil or, as the case may be, a negative amount if their reckonable income for the year is the same as or less than that for the preceding year). (2) A corporation’s reckonable income for a year is the amount which, in accordance with any determination made by the Secretary of State, the corporation are assumed to receive for that year as income which they are required to carry to their housing account including— (a) any contribution made by the corporation out of their general revenue account, and (b) any rent rebate subsidy payable under section 140Aof the Social Security Administration Act 1992, but excluding any other subsidy, grant or contribution. (3) A determination shall state the assumptions on which it is based and the method of calculation used in it, and in making it the Secretary of State shall have regard, amongst other things, to past and expected movements in incomes, costs and prices. (4) A determination may be made for all development corporations or different determinations may be made for different corporations or groups of corporations. (5) Before making a determination for all development corporations the Secretary of State shall consult organisations appearing to him to be representative of development corporations. (6) A determination shall be made known to the corporations for which it is made in the year preceding the year of account for which it is to have effect.

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426 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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427 Recoupment of subsidy in certain cases.

(1) Where housing subsidy has been paid to a development corporation . . . and it appears to the Secretary of State that— (a) the purpose for which it was paid has not been fulfilled or not completely or adequately or not without unreasonable delay, and (b) that the case falls within rules published by him, he may recover from that corporation the whole or such part of the payment as he may determine in accordance with the rules, with interest from such time and at such rates as he may so determine. (2) A sum recoverable under this section may, without prejudice to other methods of recovery, be recovered by withholding or reducing housing subsidy. (3) The withholding or reduction under this section of housing subsidy for a year does not affect the base amount for the following year.

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427A Entitlement to subsidy in case of land subject to management agreement.

(1) The fact that a development corporation . . . has entered into a management agreement, and any letting of land in connection with such an agreement— (a) shall be disregarded in determining that corporation's reckonable income or expenditure for the purposes of housing subsidy, and (b) shall not be regarded as a ground for recovering, withholding or reducing any sum under section 427 (recoupment of housing subsidy). (2) Reference in subsection (1) to a management agreement includes a section 247 or 249 arrangement, as defined by section 250A(6) of the Housing and Regeneration Act 2008.

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