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  35. 27B Agreements with housing co-operatives under superseded provisions.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

524 Contributions under superseded enactments.

Schedule 19 has effect with respect to contributions payable under superseded enactments.

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525 Minor definitions.

In this Part— “ agricultural population ” means— (a) persons whose employment or latest employment is or was employment in agriculture or in an industry mainly dependent on agriculture, and (b) the dependents of those persons; and for this purpose “ agriculture ” includes dairy-farming and poultry-farming and the use of land as grazing, meadow or pasture land, or orchard or osier land or woodland, or for market gardens or nursery grounds; “ charity trustees ” has the same meaning as in the the Charities Act 2011 ; “ dwelling ” means a building or part of a building occupied or intended to be ocupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it; “ house in multiple occupation ” means a house which is occupied by persons who do not form a single household, exclusive of any part of the house which is occupied as a separate dwelling by persons who form a single household; “ improvement ” includes alteration and enlargement; “ owner ”, in relation to a dwelling, means the person who— (a) is for the time being entitled to receive from a lessee of the dwelling (or would be so entitled if the dwelling were let) a rent of not less than two-thirds of the net annual value of the dwelling; and (b) is not himself liable as lessee of the dwelling, or of property which includes the dwelling, to pay such a rent to a superior landlord.

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526 Index of defined expressions: Part XV

The following Table shows provisions defining or otherwise explaining expressions used in this part (other than provisions defining or explaining an expression in the same section):— agricultural population | section 525 applicant | section 515(1) appropriate percentage | section 509 certificate of availability for letting | section 464(5) certificate of owner-occupation | section 464(3), (4) certified date | section 499(3) charity | section 622 charity trustees | section 525 common parts (for the purposes of common parts grant) | section 498A(2)(b) common parts grant | section 460 and 498A co-operative housing association | section 5(2) district (of a local housing authority) | section 2(1) dwelling | section 525 dwelling for a disabled occupant | section 518 eligible expense | sections 472, 481, 489 and ,497 and 498F fit for human habitation | section 604 flat (for the purposes of common parts grant) | section 498A(2)(a) general improvement area | section 253 grant (without more) | section 460(1) house in multiple occupation | section 525 housing action area | section 239 housing association | section 5(1) housing authority | section 4(a) improvement | section 518(3) and 525 improvement grant | sections 460 and 467 initial period | section 499(2) intermediate grant | sections 460 and 474 lessee and let | section 621 local housing authority | section 1, 2(2) long tenancy | section 115 member of family | section 520 owner | section 525 protected occupancy | section 622 protected tenancy | section 622 reasonable repair | section 519 registered and unregistered (in relation to a housing association) | section 5(4) relevant works | section 461(2) repairs grant | sections 460 and 491 restricted contract | section 622 secure tenancy | section 79 special grant | section 460 and 483 standard amenity | section 508(1) statutory tenancy | section 622 tenancy and tenant | section 621

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527 Eligibility for assistance.

A person is eligible for assistance under this Part in respect of a dwelling if— (a) he is an individual who is not a trustee, a trustee for beneficiaries who are all individuals or a personal representative, (b) the dwelling is a defective dwelling within the meaning of this Part by virtue of a designation under section 528 (designation by Secretary of State) or section 559 (designation under local scheme), (c) he holds a relevant interest in the dwelling, as defined in section 530, and (d) the conditions specified in section 531 (conditions of eligibility: disposal by public sector authority, &c.) are satisfied; but subject to section 533 (exceptions to eligibility).

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528 Designation of defective dwellings by Secretary of State.

(1) The Secretary of State may designate as a class buildings each of which consists of or includes one or more dwellings if it appears to him that— (a) buildings in the proposed class are defective by reason of their design or construction, and (b) by virtue of the circumstances mentioned in paragraph (a) having become generally known, the value of some or all of the dwellings concerned has been substantially reduced. (2) A dwelling which is, or is included in, a building in a class so designated is referred to in this Part as a “defective dwelling”; and in this Part, in relation to such a dwelling— (a) “the qualifying defect” means what, in the opinion of the Secretary of State, is wrong with the buildings in that class, and (b) “the cut-off date” means the date by which, in the opinion of the Secretary of State, the circumstances mentioned in subsection (1)(a) became generally known. (3) A designation shall describe the qualifying defect and specify— (a) the cut-off date, (b) the date (being a date falling on or after the cut-off date) on which the designation is to come into operation, and (c) the period within which persons may seek assistance under this Part in respect of the defective dwellings concerned. (4) A designation may make different provision in relation to England and Wales; subject to that, a designated class shall not be described by reference to the area in which the buildings concerned are situated. (5) Notice of a designation shall be published in the London Gazette. (6) Any question arising as to whether a building is or was at any time in a class designated under this section shall be determined by the Secretary of State.

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529 Variation or revocation of designation.

(1) The Secretary of State may— (a) vary a designation under section 528, but not so as to vary the cut-off date, or (b) revoke such a designation. (2) The Secretary of State may by a variation of the designation extend the period referred to in section 528(3)(c) (period within which assistance must be applied for) whether or not it has expired. (3) The variation or revocation of a designation does not affect the operation of the provisions of this Part in relation to a dwelling if, before the variation or revocation comes into operation, the dwelling is a defective dwelling by virtue of the designation in question and an application for assistance under this Part has been made. (4) Notice of the variation or revocation of a designation shall be published in the London Gazette.

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530 Meaning of “relevant interest”.

(1) In this Part “relevant interest”, in relation to a dwelling, means the freehold or a long tenancy, not being in either case subject to a long tenancy. (2) A tenancy is a long tenancy for this purpose, subject to subsection (3), if it is— (a) a tenancy granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture or otherwise, (b) a tenancy granted in pursuance of Part V (the right to buy), or (c) a tenancy for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, unless it is a tenancy by sub-demise from one which is not a long tenancy. (3) A tenancy is not a long tenancy for this purpose if it is— (a) an interest created by way of security and liable to termination by the exercise of a right of redemption or otherwise, or (b) a secure tenancy. (4) References in this part to an interest in a dwelling are to an interest in land which is or includes the dwelling.

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531 Conditions of eligibility: disposal by public sector authority, &c.

(1) The conditions referred to in section 527(d) (eligibility for assistance) are that there has been a disposal by a public sector authority of a relevant interest in the dwelling and that either of the following sets of conditions is satisfied. (2) The first set of conditions is that— (a) the disposal by a public sector authority was made before the cut-off date, and (b) there has been no disposal for value by any person of a relevant interest in the dwelling on or after that date. (3) The second set of conditions is that— (a) a person to whom section 527 applies acquired a relevant interest in the dwelling on a disposal for value occurring within the period of twelve months beginning with the cut-off date, (b) he was unaware on the date of the disposal of the association of the dwelling with the qualifying defect, (c) the value by reference to which the price for the disposal was calculated did not take any, or any adequate, account of the qualifying defect, and (d) if the cut-off date had fallen immediately after the date of the disposal, the first set of conditions would have been satisfied. (4) For the purposes of this section where a public sector authority hold an interest in a dwelling a disposal of the interest by or under an enactment shall be treated as a disposal by the authority.

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532 Construction of references to disposal, &c.

(1) References in this Part to a disposal include a part disposal; but for the purposes of this Part a disposal of an interest in a dwelling is a disposal of a relevent interest in the dwelling only if on the disposal the person to whom it is made acquires a relevant interest in the dwelling. (2) Where an interest in land is disposed of under a contract, the time at which the disposal is made is, for the purposes of this Part— (a) if the contract is unconditional, the time at which the contract is made, and (b) if the contract is conditional (and in particular if it is conditional on the exercise of an option), the time when the condition is satisfied; and not, if different, the time at which the interest is conveyed. (3) Reference in this Part to a disposal of an interest for value are to a disposal for money or money’s worth, whether or not representing full value for the interest disposed of. (4) In relation to a person holding an interest in a dwelling formed by the conversion of another dwelling, references in this Part to a previous diposal of an interest in the dwelling include a previous disposal on which an interest in land which included that part of the original dwelling in which his interest subsists was acquired.

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533 Exceptions to eligibility.

(1) A person who holds a relevant interest in a defective dwelling is not eligible for assistance in respect of the dwelling at any time when that interest is subject to the rights of a person who is a protected occupier or statutory tenant within the meaning of the Rent (Agriculture) Act 1976 or who occupies the dwelling under an assured agricultural occupancy which is not an assured tenancy. (2) A person is not eligible for assistance in respect of a defective dwelling if the local housing authority are of the opinion— (a) that work to the building which consists of or includes the dwelling has been carried out in order to deal with the qualifying defect, and (b) that on the completion of the work, no further work relating to the dwelling was required to be done to the building in order to deal satisfactorily with the qualifying defect.

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534 Application for assistance.

A person seeking assistance under this Part in respect of a defective dwelling shall make a written application to the local housing authority within a period specified in the relevant designation.

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535 Application not to be entertained where grant application pending or approved.

(1) The local housing authority shall not entertain an application for assistance under this Part if— (a) an application has been made in respect of the defective dwelling (whether before or after the relevant designation came into operation) for renovation grant or common parts grant under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants for renewal of private sector housing)., and (b) the relevant works in relation to that grant include the whole or part of the work required to reinstate the dwelling, unless the grant application has been refused or has been withdrawn under subsection (2) or the relevant works have been completed. (2) Where a person has applied for such a grant in respect of a dwelling and— (a) the dwelling is a defective dwelling, and (b) the relevant works include the whole or part of the work required to reinstate it, he may withdraw his application, whether or not it has been approved, if the relevant works have not been begun. (3) In this section “relevant works”, in relation to a grant, has the same meaning as in Part XV.

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536 Determination of eligibility.

(1) A local housing authority receiving an application for assistance under this Part shall as soon as reasonably practicable give notice in writing to the applicant stating whether in their opinion he is eligible for assistance in respect of the defective dwelling. (2) If they are of opinion that he is not so eligible, the notice shall state the reasons for their view. (3) If they are of opinion that he is so eligible, the notice shall inform him of his right to make such a claim as is mentioned in section 537(2) (claim that assistance by way of reinstatement grant is appropriate in his case).

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537 Determination of form of assistance to which applicant is entitled.

(1) A local housing authority receiving an application for assistance under this Part shall, if the applicant is eligible for assistance, determine as soon as reasonably practicable whether he is entitled to assistance by way of reinstatement grant or by way of repurchase. (2) If the authority are satisfied, on a claim by the applicant to that effect, that it would be unreasonable to expect him to secure or await the carrying out of the work required to reinstate the defective dwelling, the applicant is entitled to assistance by way of repurchase. (3) Subject to subsection (2), the applicant is entitled to assistance by way of reinstatement grant if the authority are satisfied that the conditions for such assistance set out in section 538 are met, and otherwise to assistance by way of repurchase.

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538 Conditions for assistance by way of reinstatement grant.

(1) The conditions for assistance by way of reinstatement grant are, subject to any order under subsection (2)— (a) that the dwelling is a house (as defined in section 575); (b) that if the work required to reinstate the dwelling (together with any other work which the local housing authority are satisfied the applicant proposes to carry out) were carried out— (i) the dwelling would be likely to provide satisfactory housing accommodation for a period of at least 30 years, and (ii) an individual acquiring the freehold of the dwelling with vacant possession would be likely to be able to arrange a mortgage on satisfactory terms with a lending institution; (c) that giving assistance by way of reinstatement grant is justified having regard, on the one hand, to the amount of reinstatement grant that would be payable in respect of the dwelling and, on the other hand, to the likely value of the freehold of the dwelling with vacant possession after the work required to reinstate it has been carried out; and (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The Secretary of State may by order amend the conditions set out in subsection (1) so as to modify or omit any of the conditions or to add or substitute for any of the conditions other conditions. (3) An order— (a) may make different provision for different classes of case, (b) shall be made by statutory instrument, and (c) shall not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament. (4) An order does not affect an application for assistance made before the order comes into force.

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539 Meaning of “work required for reinstatment” and “associated arrangement”.

(1) For the purposes of this Part the work required to reinstate a defective dwelling is the work relating to the dwelling that is required to be done to the building that consists of or includes the dwelling in order to deal satisfactorily with the qualifying defect, together with any further work— (a) required to be done, in order to deal satisfactorily with the qualifying defect, to any garage or outhouse designed or constructed as that building is designed or constructed, being a garage or outhouse in which the interest of the person eligible for assistance subsists and which is occupied with and used for the purposes of the dwelling or any part of it, or (b) reasonably required in connection with other work falling within this subsection. (1A) In any case where— (a) the most satisfactory way of dealing with the qualifying defect is substantially to demolish the building that consists of or includes the defective dwelling or a part of that building, and (b) it is practicable to rebuild the building or part concerned on, or substantially on, its existing foundations and reconstruct the dwelling to the same, or substantially the same, plan, the work required to carry out those operations shall be regarded for the purposes of this Part as work required to reinstate the defective dwelling. (2) In this Part “associated arrangement” means an arrangement which is entered into in connection with the execution of the work required to reinstate a defective dwelling and is likely to contribute towards the dwelling being regarded as an acceptable security by a lending institution.

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540 Notice of determination.

(1) Where an applicant is eligible for assistance, the authority to whom the application was made shall as soon as reasonably practicable give him notice in writing (a “notice of determination”) stating the form of assistance to which he is entitled. (2) If, on such a claim by the applicant as is mentioned in section 537(2) (claim that assistance by way of reinstatement grant is inappropriate in his case), the authority are not satisfied that it would be unreasonable to expect him to secure or await the carrying out of the work required to reinstate the defective dwelling, the notice shall state the reasons for their view. (3) A notice stating that the applicant is entitled to assistance by way of reinstatement grant shall also state— (a) the grounds for the authority’s determination; (b) the work which, in their opinion, is required to reinstate the defective dwelling; (c) the amount of expenditure which, in their opinion, may properly be incurred in executing the work; (d) the amount of expenditure which, in their opinion, may properly be incurred in entering into an associated arrangement; (e) the condition required by section 542 (execution of work to satisfaction of authority within specifed period), including the period within which the work is to be carried out; and (f) their estimate of the amount of grant payable in respect of the dwelling in pursuance of this Part. (4) A notice stating that the applicant is entitled to assistance by way of repurchase shall also state the grounds for the authority’s determination and the effect of— (a) paragraphs 1 to 3 of Schedule 20 (request for notice of proposed terms of repurchase), and (b) sections 554, 556 and 557(1) (provisions for grant of tenancy to former owner-occupier of repurchased dwelling). (5) References in the following provisions of this Part to a person entitled to assistance by way of reinstatement grant or, as the case may be, by way of repurchase are to a person who is eligible for assistance in respect of the dwelling and on whom a notice of determination has been served stating that he is entitled to that form of assistance.

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541 Reinstatement grant.

(1) Where a person is entitled to assistance by way of reinstatement grant, the local housing authority shall pay reinstatement grant to him in respect of— (a) the qualifying work, and (b) any associated arrangement, subject to and in accordance with the following provisions of this Part. (2) The “qualifying work” means the work stated in the notice of determination, or in a notice under section 544 (notice of change of work required), to be the work which in the opinion of the local housing authority is required to reinstate the dwelling.

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542 Conditions of payment of reinstatement grant.

(1) It is a condition of payment of reinstatement grant that the qualifying work is carried out— (a) to the satisfaction of the local housing authority, and (b) within the period specified in the notice of determination. or that period as extended. (2) The period so specified shall be such reasonable period (of at least twelve months), beginning with service of the notice, as the authority may determine. (3) The authority shall, if there are reasonable grounds for doing so, by notice in writing served on the person entitled to assistance, extend or further extend the period for carrying out the qualifying work (whether or not the period has expired). (4) Payment of reinstatement grant shall not be subject to any other condition, however expressed.

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543 Amount of reinstatement grant.

(1) The amount of reinstatement grant payable is the appropriate percentage of whichever is the least of— (a) the amount stated in the notice of determination, or in a notice under section 544 (notice of change in work required or expenditure permitted), to be the amount of expenditure which, in the opinion of the local housing authority, may properly be incurred in executing the qualifying work and entering into any associated arrangement, (b) the expenditure actually incurred in executing the qualifying work and entering into any associated arrangement, and (c) the expenditure which is the maximum amount permitted to be taken into account for the purposes of this section. (2) The appropriate percentage is 90 per cent, or, in a case where the authority are satisfied that the person entitled to assistance would suffer financial hardship unless a higher percentage of the expenditure referred to in subsection (1) were paid to him, 100 per cent. (3) The Secretary of State may by order vary either or both of the percentages mentioned in subsection (2). (4) The maximum amount of expenditure permitted to be taken into account for the purposes of this section is the amount specified as the expenditure limit by order made by the Secretary of State, except in a case or description of case in which the Secretary of State, on the application of a local housing authority, approves a higher amount. (5) An order under subsection (4) may make different provision for different areas, different designated classes and different categories of dwelling. (6) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

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544 Changes in work or expenditure.

Where the local housing authority are satisfied that— (a) the work required to reinstate the defective dwelling is more extensive than that stated in the notice of determination or in a previous notice under this section, or (b) the amount of the expenditure which may properly be incurred in executing that work is greater than that so stated, or (c) there is an amount of expenditure which may properly be incurred in entering into an associated arrangement but no such amount is stated in the notice of determination or a previous notice under this section, or (d) where such an amount is so stated, the amount of expenditure which may be properly so incurred is greater than that amount, they shall by notice in writing served on the person entitled to assistance state their opinion as to that amount or, as the case may be, that work and that amount; and the amount of reinstatement grant shall be adjusted accordingly.

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545 Payment of reinstatement grant.

(1) The local housing authority may pay reinstatement grant in respect of the qualifying work in a single sum on completion of the work or by instalments. (2) No instalments shall be paid if the instalment, together with any amount previously paid, would exceed the appropriate percentage of the cost of so much of the qualifying work as has been executed at that time. (3) The authority shall pay reinstatement grant in respect of an associated arrangement when payment in respect of the expenditure incurred in entering into the arrangement falls to be made.

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546 Repayment of grant for breach of condition.

(1) Where an amount of reinstatement grant has been paid in one or more instalments and the qualifying work is not completed within the period for carrying out the work, the local housing authority may, if they think fit, require the person who was entitled to assistance to repay that amount to them forthwith. (2) The amount required to be repaid (or, if it was paid in more than one instalment, the amount of each instalment) shall carry interest, at such reasonable rate as the authority may determine, from the date on which it was paid until repayment.

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547 Repurchase.

The provisions of Schedule 20 have effect with respect to assistance by way of repurchase, as follows— Part I—The agreement to repurchase. Part II—Price payable and valuation. Part III—Supplementary provisions.

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548 Repurchase by authority other than local housing authority.

(1) Where the local housing authority give a notice of determination to a person stating that he is entitled to assistance by way of repurchase and they are of opinion that— (a) a relevant interest in the dwelling was disposed of by a public sector authority mentioned in column 1 of the following Table (or a predecessor mentioned there of such an authority), (b) there has been no disposal within paragraph (a) since the time of that disposal, and (c) any conditions mentioned in column 2 of the Table in relation to the authority are met, they shall forthwith give that other authority a notice in writing, together with a copy of the notice of determination, stating that the authority may acquire in accordance with this Part, the interest of the person entitled to assistance. Table Public sector authority | Conditions A1. A non-profit registered provider of social housing (other than a co-operative housing association) or a predecessor housing association of that provider. | None 1. A registered social landlord (other than a co-operative housing association) or a predecessor housing association of that registered social landlord. | None. 2. A development corporation. | No interests have at any time been transferred from the corporation in pursuance of a scheme made or having effect as if made under section 42 of the New Towns Act 1981 (transfer o housing to district council). 3. . . . | . . . Another local housing authority or a predecessor of that authority. | The local housing authority provide housing accommodation in the vicinity of the defective dwelling with which the dwelling may conveniently be managed. 5. Any other public sector authority prescibed by order of the Secretary of State, or a predecessor so prescribed. | Any conditions prescribed in the order. (2) The other authority may, within the period of four weks beginning with the service of the notice on them, give notice in writing to the local housing authority— (a) stating that they wish to acquire the interest, and (b) specifying the address of the principal office of the authority and any other address which may also be used as an address for service; and the local housing authority shall forthwith give to the person entitled to assistance a transfer notice, that is, a notice in writing of the contents of the notice received by them and the effect of subsection (3). (3) After a transfer notice has been given to the person entitled to assistance, the other authority shall be treated as the appropriate authority for the purposes of anything done or falling to be done under this Part, except that— (a) a request under paragraph 2 of Schedule 20 (request for notice of proposed terms of acquisition) may be made either to the local housing authority or to the other authority, and (b) any such request given to the local housing authority (whether before or after the notice) shall be forwarded by them to the other authority; and references in this Part to “the purchasing authority” shall be construed accordingly. (4) An order under this section shall be made by statutory instrument.

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549 Interest subject to right of pre-emption &c.

(1) This section applies where a person (“the owner”) is entitled to assistance by way of repurchase in respect of a defective dwelling and there is a covenant relating to his interest in the dwelling whereby— (a) before disposing of the interest he must offer to dispose of it to a public sector authority, or (b) in the case of a leasehold interest, he may require a public sector authority who are his landlord to accept a surrender of the lease but is otherwise prohibited from disposing of it, (2) If the public sector authority are the local housing authority, the covenant shall be disregarded for the purposes of Schedule 20 (repurchase). (3) If the public sector authority are not the local housing authority, the provisions of this Part as to repurchase do not apply so long as there is such a covenant; but if— (a) the owner disposes of his interest to the public sector authority in pursuance of the covenant or lease, and (b) the interest acquired by that authority on the disposal subsists only in the land affected, that is to say, the defective dwelling and any garage, outhouse, garden, yard and appurtenances occupied with and used for the purposes of the dwelling or part of it, the owner is entitled to be paid by the local housing authority the amount (if any) by which 95 per cent. of the defect-free value exceeds the considaeration for the disposal. (4) For the purposes of this section— (a) the “consideration for the disposal” means the amount before any reduction required by section 158(3) (reduction corresponding to amount of discount repayable or amount payable for outstanding share under shared ownership lease) or any provision to the like effect, and (b) the “defect-free value” means the amount that would have been the consideration for the disposal if none of the defective dwellings to which the designation in question related had been affected by the qualifying defect.

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550 Compulsory purchase compensation to be made up to 95 per cent of defect-free value.

(1) Where a person (“the owner”) has disposed of an interest in a defective dwelling, otherwise than in pursuance of Schedule 20 (repurchase), to an authority possessing compulsory purchase powers and— (a) immediately before the time of the disposal he was eligible for assistance under this Part in respect of the dwelling, (b) the amount paid as consideration for the disposal did not include any amount attributable to his right to apply for such assistance, and (c) on the disposal the authority acquired an interest in any of the affected land, that is to say, the defective dwelling and any garage, outhouse, garden, yard and appurtenances occupied with and used for the purposes of the dwelling or part of it, he is entitled, subject to the following provisions of this section, to be paid by the local housing authority the amount (if any) by which 95 per cent. of the defect-free value exceeds the amount of the compensation for the disposal. (2) For the purposes of this section— (a) the “amount of compensation for the disposal” means the amount that would have been the proper amount of compensation for the disposal (having regard to any relevant determination of the Upper Tribunal) or, if greater, the amount paid as the consideration for the disposal, and (b) the “defect-free value” means the amount that would have been the proper amount of compensation for the disposal if none of the defective dwellings to which the designation in question related had been affected by the qualifying defect; but excluding, in either case any amount payable for disturbance or for any other matter not directly based on the value of land. (3) For the purposes of this section, it shall be assumed that the disposal occurred on a compulsory acquisition (in cases where it did not in fact do so). (4) Where the compensation for the disposal fell to be assessed by reference to the value of the land as a site cleared of buildings and available for development, it shall be assumed for the purposes of determining the defect-free value that it did not fall to be so assessed. (5) The amount payable by the local housing authority under this section shall be reduced by the amount of any payment made in respect of the defective dwelling under Schedule 23 (payments for well-maintained houses). (6) In this section “authority possessing compulsory purchase powers” has the same meaning as a in the Land Compensation Act 1961.

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551 Supplementary provisions as to payments under s. 549 or 550.

(1) The local housing authority are not required to make a payment to a person under— (a) section 549 (making-up of consideration on disposal in pursuance of right of pre-emption, &c.), or (b) section 550 (making-up of compulsory purchase compensation), unless he makes a written application to them for payment before the end of the period of two years beginning with the time of the disposal. (2) Where the authority— (a) refuse an application for payment under section 549 on any grounds, or (b) refuse an application for payment under section 550 on the grounds that the owner was not eligible for assistance in respect of the defective dwelling, they shall give the applicant written notice of the reasons for their decision. (3) Any question arising— (a) under section 549 or 550 as to the defect-free value, or (b) under section 550 as to the amount of compensation for the disposal, shall be determined by the district valuer if the owner or the local housing authority so require by notice in writing served on the district valuer. (4) A person serving a notice on the district valuer in pursuance of subsection (3) shall serve notice in writing of that fact on the other party. (5) Before making a determination in pursuance of subsection (3), the district valuer shall consider any representation by the owner or the authority made to him within four weeks from the service of the notice under that subsection.

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552 Reimbursement of expenses incidental to repurchase.

(1) A person whose interest in a defective dwelling is acquired by the purchasing authority in pursuance of Schedule 20 (repurchase) is entitled to be reimbursed by the purchasing authority the proper amount of— (a) expenses in respect of legal services provided in connection with the authority’s acquisition, and (b) other expenses in connection with negotiating the terms of that acquisition, being in each case expenses which are reasonably incurred by him after receipt of a notice under paragraph 3 of that Schedule (authority’s notice of proposed terms of acquisition). (2) An agreement between a person and the purchasing authority is void in so far as it purports to oblige him to bear any part of the costs or expenses incurred by the authority in connection with the exercise by him of his rights under this Part.

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553 Effect of repurchase on certain existing tenancies (England)

(1) Where an authority mentioned in section 80 (authorities satisfying the landlord condition for secure tenancy) acquire an interest in a defective dwelling in England in pursuance of Schedule 20 (repurchase) and— (a) the land in which the interest subsists is or includes a dwelling-house occupied as a separate dwelling, and (b) the interest of the person entitled to assistance by way of repurchase is, immediately before the completion of the authority’s acquisition, subject to a tenancy of the dwelling-house, the tenancy shall not, on or after the acquisition, become a secure tenancy unless the conditions specified in subsection (2) are met. (2) The conditions are— (a) that the tenancy was a protected tenancy or an assured tenancy throughout the period beginning with the making of an application for assistance under this Part in respect of the defective dwelling and ending immediately before the authority’s acquisition; and (b) no notice was given in respect of the tenancy in accordance with any of Cases 11 to 18 and 20 in Schedule 15 to the Rent Act 1977 (notice that possession might be recovered under that Case) or under section 52(1)(b) of the Housing Act 1980 (notice that tenancy is to be a protected shorthold tenancy) or in accordance with any of Grounds 1, 3, 4 and 5 in Schedule 2 to the Housing Act 1988 (notice that possession might be recovered under that ground) ... ; and. (c) the tenancy is not by virtue of any provision of Part I of the Housing Act 1988 an assured shorthold tenancy;

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553A Effect of repurchase on certain existing tenancies (Wales)

(1) Where an authority mentioned in section 80 (authorities satisfying the landlord condition for secure tenancy) acquire an interest in a defective dwelling in Wales in pursuance of Schedule 20 (repurchase) and— (a) the land in which the interest subsists is or includes a dwelling-house occupied as a separate dwelling, and (b) the interest of the person entitled to assistance by way of repurchase is, immediately before the completion of the authority’s acquisition, subject to a tenancy of the dwelling-house, the tenancy shall not, on or after the acquisition, become a secure contract unless the conditions specified in subsection (2) are met. (2) The conditions are— (a) that the tenancy was a protected tenancy throughout the period beginning with the making of an application for assistance under this Part in respect of the defective dwelling and ending immediately before the authority’s acquisition, and (b) no notice was given in respect of the tenancy in accordance with any of the Cases 11 to 18 and 20 in Schedule 15 to the Rent Act 1977 (c. 42) (notice that possession might be recovered under that Case). (3) This section has effect notwithstanding any provision to the contrary in section 11 of the Renting Homes (Wales) Act 2016 (anaw 1).

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554 Grant of tenancy to former owner-occupier.

(1) Where an authority acquire an interest in a defective dwelling in pursuance of Schedule 20 (repurchase), or in the circumstances described in section 549(3) (exercise of right of pre-emption &c.), and— (a) the land in which the interest subsists is or includes a dwelling-house occupied as a separate dwelling, and (b) an individual is an occupier of the dwelling-house throughout the period beginning with the making of an application for assistance under this Part in respect of the dwelling and ending immediately before the completion of the authority’s acquisition, and (c) he is a person entitled to assistance by way of repurchase in respect of the defective dwelling, or the persons so entitled are in relation to the interest concerned his trustees, the authority shall, in accordance with this section, either grant or arrange for him to be granted a tenancy (of that dwelling-house or another: see section 556) on the completion of their acquisition of the interest concerned. (2) If the authority are among those mentioned in section 80(1) (public sector authorities capable of granting secure tenancies) their obligation is to grant a secure tenancy or secure contract. (2A) If the authority is the new towns residuary body or a private registered provider of social housing or registered social landlord, other than a housing co-operative, within the meaning of section 27B, their obligation is to grant a secure tenancy or, where the dwelling-house is in Wales, a secure contract if the individual to whom a tenancy is to be granted— (a) is a person who, immediately before he acquired his interest in the dwelling-house, was a secure tenant or a secure contract-holder of it; or (b) is the spouse or civil partner, or a former spouse or former civil partner, or the surviving spouse or surviving civil partner, of a person falling within paragraph (a); or (c) is a member of the family, within the meaning of section 186, of a person falling within paragraph (a) who has died, and was residing with that person in the dwelling-house at the time of and for the period of twelve months before his death (3) In any other case their obligation is to grant or arrange for the grant of either— (a) a secure tenancy, or (b) a protected tenancy other than one under which the landlord might recover possession under one of the cases in Part II of Schedule 15 to the Rent Act 1977 (cases in which the court must order possession) or (ca) an assured tenancy, or (c) an assured tenancy which is neither an assured shorthold tenancy, within the meaning of Part I of the Housing Act 1988, nor a tenancy under which the landlord might recover possession on any of Grounds 1 to 5 in Schedule 2 to that Act , or (d) a secure contract. (4) Where two or more persons qualify for the grant of a tenancy under this section in respect of the same dwelling-house, the authority shall grant the tenancy, or arrange for it to be granted, to such one or more of them as they may agree among themselves or (if there is no such agreement) to all of them.

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555 Grant of tenancy to former statutory tenant.

(1) Where an authority mentioned in section 80(1) (public sector authorities capable of granting secure tenancies) acquire an interest in a defective dwelling in pursuance of Schedule 20 (repurchase) and— (a) the land in which the interest subsists is or includes a dwelling-house occupied as a separate dwelling, and (b) an individual is an occupier of a dwelling-house throughout the period beginning with the making of an application for assistance under this Part in respect of the dwelling and ending immediately before the completion of the authority’s acquisition, and (c) he is a statutory tenant of the dwelling-house at the end of that period, and (d) no notice was given in respect of the original tenancy in accordance with any of Cases 11 to 18 and 20 in Schedule 15 to the Rent Act 1977 (notice that possession might be recovered under that Case) or under section 52(1)(b) of the Housing Act 1980 (notice that tenancy is to be a protected shorthold tenancy), and (e) the interest of the person entitled to assistance would, if the statutory tenancy were a contractual tenancy, be subject to the tenancy at the end of the period mentioned in paragraph (b), the authority shall grant him a secure tenancy or, where the dwelling-house is in Wales, a secure contract (of that dwelling-house or another: see section 556) on the completion of their acquisition of the interest concerned. (2) Where two or more persons qualify for the grant of a tenancy under this section in respect of the same dwelling-house, the authority shall grant the tenancy to such one or more of them as they may agree among themselves or (if there is no such agreement) to all of them. (3) If at any time after the service of a notice of determination it appears to the purchasing authority that a person may be entitled to request them to grant him a secure tenancy or secure contract under this section, they shall forthwith give him notice in writing of that fact. (4) This section has effect notwithstanding any provision to the contrary in section 11 of the Renting Homes (Wales) Act 2016 (anaw 1).

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556 Alternative accommodation under s. 554 or 555,

(1) The dwelling-house to be let under the tenancy granted to a person— (a) under section 554 or 555 (grant of tenancy to former owner-occupier or statutory tenant of defective dwelling-house acquired by authority), or (b) under arrangements made for the purposes of section 554, shall be the dwelling-house of which he is the occupier immediately before the completion of the authority’s acquisition (the “current dwelling-house”), except in the following Cases. Case 1 By reason of the condition of any building of which the current dwelling-house consists or of which it forms part, the dwelling-house may not safely be occupied for residential purposes. Case 2 The authority intend, within a reasonable time of the completion of their acquisition of the interest concerned— to demolish or reconstruct the building which consists of or includes the defective dwelling in question, or to carry out work on any building or land in which the interest concerned subsists, and cannot reasonably do so if the current dwelling-house remains in residential occupation. (2) In those Cases the dwelling-house to be let shall be another dwelling-house which, so far as is reasonably practicable in the case of that authority, affords accommodation which is— (a) similar as regards extent and character to the accommodation afforded by the current dwelling-house, (b) reasonably suitable to the means of the prospective tenant and his family, and (c) reasonably suitable to the needs of the prospective tenant and his family as regards proximity to place of work and place of education.

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557 Request for tenancy under s. 554 or 555.

(1) An authority are not required to grant, or arrange for the grant of, a tenancy to a person under section 554 or 555 unless he requests them to do so in writing before— (a) in the case of an acquisition under Schedule 20 (repurchase,), the service on the person entitled to assistance of a copy of the agreement drawn up under paragraph 5 of that Schedule, or (b) in the case of an acquisition in the circumstances described in section 549(3) (acquisition in pursuance of right of pre-emption, &c.), the time of the disposal. (2) An authority receiving a request under subsection (1) shall, as soon as reasonably practicable, give notice in writing to the person making the request stating whether in their opinion either of the Cases in section 556(1) applies (cases in which tenancy may be of a dwelling-house other than the current dwelling-house). (3) If their opinion is that either Case does apply, the notice shall also state which of the Cases is applicable and the effect of section 556.

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558 Interpretation of ss. 553 to 557.

(1) In sections 553 to 557 (effect of repurchase on occupier)— (a) “dwelling-house” has the same meaning as in Part IV (secure tenancies); (b) “occupier”, in relation to a dwelling-house, means a person who occupies the dwelling-house as his only or principal home or (in the case of a statutory tenant) as his residence; (c) references to the grant of a secure tenancy are to the grant of a tenancy which would be a secure tenancy assuming that the tenant under the tenancy occupies the dwelling-house as his only or principal home (d) references to the grant of a secure contract are to the grant of an occupation contract which would be a secure contract (within the meaning given by section 8 of the Renting Homes (Wales) Act 2016 (anaw 1)) assuming that the contract-holder under the contract occupies the dwelling as their only or principal home; (e) the following terms have the same meaning as in the Renting Homes (Wales) Act 2016— (i) “contract-holder” (see section 7 (see also section 48) of that Act); (ii) “occupation contract” (see section 7 of that Act).

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559 Designation of defective dwellings under local schemes.

(1) A local housing authority may by resolution designate as a class buildings in their district each of which consists of or includes one or more dwellings if it appears to them that— (a) buildings in the proposed class are defective by reason of their design or construction, and (b) by virtue of the circumstances mentioned in paragraph (a) having become generally known, the value of some or all of the dwellings concerned has been substantially reduced. (2) Subsection (1) does not apply to a building in a class designated under section 528 (designation by Secretary of State); but a building does not cease to be included in a class designated under this section by virtue of its inclusion in a class designated under that section. (3) A dwelling which is, or is included in, a building in a class so designated is referred to in this Part as a “defective dwelling”; and in this Part, in relation to such a dwelling— (a) “The qualifying defect” means what, in the opinion of the authority, is wrong with the buildings in that class, and (b) “the cut-off date” means the date by which, in the opinion of the authority, the circumstances mentioned in subsection (1)(a) became generally known. (4) A designation shall describe the qualifying defect and specify— (a) the cut-off date, (b) the date (being a date falling on or after the cut-off date) on which the designation is to come into operation, and (c) the period within which persons may seek assistance under this Part in respect of the defective dwellings concerned. (5) A designation may not describe a designated class by reference to the area (other than the authority’s district) in which the buildings concerned are situated; but a designated class may be so described that within the authority’s district there is only one building in the class. (6) Any question arising as to whether a building is or was at any time in a class designated under this section shall be determined by the local housing authority concerned.

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560 Variation or revocation of designation under local scheme.

(1) The local housing authority may by resolution— (a) vary a designation under section 559, but not so as to vary the cut-off date, or (b) revoke such a designation. (2) The authority may by a variation of the designation extend the period referred to in section 559(4)(c) (period within which assistance must be applied for) whether or not it has expired. (3) The variation of revocation of a designation does not affect the operation of the provisions of this Part in relation to a dwelling if, before the variation or revocation comes into operation, the dwelling is a defective dwelling by virtue of the designation in question and application for assistance under this Part has been made.

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561 Secretary of State’s control over designation, variation or revocation.

(1) Where a local housing authority have passed a resolution under— (a) section 559 (designation under local scheme) or, (b) section 560 (variation or revocation of designation under local scheme), they shall give written notice to the Secretary of State of the resolution before the expiry of the period of 28 days beginning with the date on which it is passed. (2) The designation, variation or revocation shall not come into operation before the cut-off date or if it is later the expiry of the period of two months or such longer period as the Secretary of State may direct for the purposes of this subsection under subsection (2A) below beginning with the receipt by the Secretary of State of the notice under subsection (1). (2A) If, within the period for the time being specified in or (by virtue of the previous operation of this subsection) for the purposes of subsection (2) above, the Secretary of State is satisfied that he does not have reasonably sufficient information to enable him to come to a decision with respect to the resolution concerned, he may direct for the purposes of that subsection that it shall have effect as if for the period so specified there were substituted such longer period as is specified in the direction. (3) If before the cut-off date or, if it is later, the expiry of the period for the time being specified in or for the purposes of subsection (2) above the Secretary of State serves notice in writing to that effect on the authority, the designation, revocation or variation shall not come into operation.

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562 Duty of local housing authority to publicise availability of assistance.

(1) A local housing authority shall, within the period of three months beginning with the coming into operation of— (a) a designation under section 528 (designation of defective dwellings by Secretary of State) or section 559 (designation of defective dwellings under local scheme), or, (b) a variation of such a designation, publish in a newspaper circulating in their district notice suitable for the purpose of bringing the effect of the designation or variation to the attention of persons who may be eligible for assistance in respect of such of the dwellings concerned as are situated within their district. (2) No such notice need be published by a local housing authority who are of opinion— (a) that none of the dwellings concerned are situated in their district, or (b) that no-one is likely to be eligible for assistance in respect of the dwellings concerned which are situated in their district. (3) If at any time it becomes apparent to a local housing authority that a person is likely to be eligible for assistance in respect of a defective dwelling within their district, they shall forthwith take such steps as are reasonably practicable to inform him of the fact that assistance is available.

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