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  35. 27B Agreements with housing co-operatives under superseded provisions.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

563 Duties of public sector authority disposing of defective dwelling.

(1) A public sector authority shall, where a person is to acquire a relevant interest in a defective dwelling on a disposal by the authority, give him notice in writing before the time of the disposal— (a) specifying the qualifying defect, and (b) stating that he will not be eligible for assistance under this part in respect of the dwelling. (2) A public sector authority shall, before they convey a relevant interest in a defective dwelling in pursuance of a contract to a person on whom a notice under subsection (1) has not been served, give him notice in writing— (a) specifying the qualifying defect, (b) stating, where the time of disposal of the interest falls after the cut-off date, that he will not be eligible for assistance under this Part, and (c) stating the effect of subsection (3) (3) A person on whom a notice under subsection (2) is served— (a) is not obliged to complete the conveyance before the expiry of the period of six months beginning with the service of that notice on him, and (b) may within that period withdraw from the transaction by notice in writing to the authority to that effect; and upon such a notice of withdrawal being given to the authority the parties to the contract are discharged from any obligations in connection with it and any deposit paid shall be repaid. (4) Where a public sector authority are required to serve a notice under section 124 (landlord’s response to notice claiming to exercise right to buy) in respect of a defective dwelling, the notice under subsection (1) shall be served with that notice. (5) A notice under subsection (1) or (2) shall, (except in the case of a notice under subsection (1) which is served in accordance with subsection (4)), be served at the earliest date at which it is reasonably practicable to do so.

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564 Reinstatement of defective dwelling by local housing authority.

(1) Where a relevant interest in a defective dwelling has been disposed of by a public sector authority, the local housing authority may, before the end of the period within which a person may seek assistance under this Part in respect of the dwelling, enter into an agreement with— (a) any person holding an interest in the dwelling, or (b) any person who is a statutory tenant of it, to execute at his expense any of the work required to reinstate the dwelling. (2) For the purposes of this section a disposal by or under an enactment of an interest in a dwelling held by a public sector authority shall be treated as a disposal of the interest by the authority.

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565 Death of person eligible for assistance, &c.

(1) Where a person who is eligible for assistance in respect of a defective dwelling— (a) dies, or (b) disposes of his interest in the dwelling (otherwise than on a disposal for value) to such a person as is mentioned in section 527(a) (persons qualifying for assistance: individuals, trustees for individuals and personal representatives), this Part applies as if anything done (or treated by virtue of this subsection as done) by or in relation to the person so eligible had been done by or in relation to his personal representatives or, as the case may be, the person acquiring his interest. (2) In sections 549 to 551 (subsidiary forms of financial assistance) references to the owner of an interest in a defective dwelling include his personal representatives.

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566 Dwellings included in more than one designation.

The provisions of Schedule 21 have effect with respect to dwellings included in more than one designation.

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567 Modifications of this Part in relation to shared ownership leases.

(1) If it appears to a local housing authority that the interest of a person eligible for assistance in respect of a defective dwelling in their area is— (a) a shared ownership lease, or (b) the freehold acquired under the terms of a shared ownership lease, the authority shall prepare and submit to the Secretary of State a scheme providing for the provisions of this Part to have effect, in their application to such a case, subject to such modifications as may be specified in the scheme. (2) A scheme under subsection (1) above shall not have effect unless approved by the Secretary of State; and any such approval may be made conditional upon compliance with requirements specified by him. (4) In this section “shared ownership lease” means— (a) a shared ownership lease granted in pursuance of Part V (the right to buy), (b) a lease of a dwelling-house granted otherwise than in pursuance of that Part which contains provision to the like effect as that required by paragraphs 1 and 2 of Schedule 8 (terms of shared ownership lease: right to acquired additional shares and to acquire freehold), (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or (d) a lease determined, or of a class or description determined, by the Secretary of State to be a shared ownership lease. (5) The fact that a lease becomes a shared ownership lease by virtue of . . . a determination under subsection (4)(d) does not affect the operation of the provisions of this Part in relation to a case where an application for assistance under this Part has previously been made. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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568 Extension of assistance to mortgagees.

(1) The Secretary of State may by regulations make provision for conferring rights and obligations on a mortgagee of a defective dwelling where— (a) a power of sale (whether conferred by section 101 of the Law of Property Act 1925 or otherwise) is exercisable by the mortgagee, and (b) the mortgagor is eligible for assistance in respect of the defective dwelling. (2) The rights that may be so conferred are— (a) rights corresponding to those conferred by this Part on a person holding a relevant interest in the defective dwelling, (b) the right to require the purchasing authority to acquire in accordance with the regulations any interest in the defective dwelling to be disposed of in exercise of the power of sale, and (c) where the mortgagee is the purchasing authority, the right by deed to vest the dwelling in themselves; and those rights may be conferred in place of rights conferred by this Part on any other person. (3) The regulations may provide that where the conditions in subsection (1)(a) and (b) are or have been satisfied, this Part, the power of sale in question and any enactment relating to the power of sale shall have effect subject to such modifications as may be specified in the regulations. (4) Where a defective dwelling is vested in a mortgagee in pursuance of— (a) regulations under this section, or (b) section 452 and Schedule 17 (vesting of dwelling-house in authority entitled to exercise power of sale), the regulations may provide for the payment in respect of the vesting of an amount calculated on the assumption that none of the defective dwellings to which the designation in question relates is affected by the qualifying defect; and those enactments shall have effect subject to any such provisions. (5) Regulations under this section— (a) may make different provision for different cases and may make incidental and consequential provision; and (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (6) In this section “mortgagee” and “mortgagor” have the same meaning as in the Law of Property Act 1925.

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569 Contributions by Secretary of State.

(1) The Secretary of State may, if he thinks fit in any case, contribute towards the expense incurred by a local housing authority— (a) in giving assistance by way of reinstatement grant, (b) in giving assistance by way of repurchase of a dwelling which is a defective dwelling by virtue of a designation under section 528 (designation by Secretary of State), or (c) in making payments under section 549 (making up of consideration on disposal in pursuance of right of pre-emption, &c.) or section 550 (making up of compulsory purchase compensation). (2) The contributions shall be equal to the relevant percentage of the amount of the expense incurred (3) The relevant percentage is— (a) 90 per cent. in the case of reinstatement grant. (b) 75 per cent. in the case of repurchase or a payment under section 549 or 550 where there has at any time been a disposal of a relevant interest in the defective dwelling by the local housing authority or a predecessor of that authority, and (c) 100 per cent. in the case of repurchase or a payment under those sections not within paragraph (b); or such other percentage as, in any of those cases, may be provided by order under section 570. (4) The amount of expense incurred is— (a) in the case of reinstatement grant, the amount of the grant, (b) in the case of repurchase, the price paid for the acquisition, together with any amount reimbursed under section 552 (incidental expenses), less the value of the interest at the relevant time determined in accordance with paragraph 8 of Schedule 20 (value for purposes of repurchase) but without the assumption required by paragraph 8(1)(a) (assumption that dwelling is defect free), (c) in the case of a payment under section 549 or 550, the amount of the payment. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Payment of contributions under this section is subject to the making of a claim in such form, and containing such particulars, as the Secretary of State may determine; and the contributions are payable at such times, in such manner and subject to such conditions, as to records, certificates, audit or otherwise, as the Secretary of State may, with the agreement of the Treasury, determine.

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570 Power to vary relevant percentage.

(1) The Secretary of State may by order made with the consent of the Treasury vary all or any of the percentages specified in section 569(3) (relevant percentages for purposes of contribution to expenditure of local housing authority) in respect of assistance or payments, or a class of assistance or payments, specified in the order. (2) An order— (a) may make different provision for assistance given or payments made in respect of defective dwellings in different areas or under different provisions or for different purposes of the same provision; (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 the House of Commons. (3) An order applies to assistance given or payments made in pursuance of applications made after such date as may be specified in the order, and the specified date shall not be earlier than the date of the laying of the draft.

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571 Service of notices.

(1) A notice or other document under this Part may be given to or served on a person, and an application or written request under this Part may be made to a person— (a) by delivering it to him or leaving it at his proper address, or (b) by sending it to him by post, and also, where the person concerned is a body corporate, by giving or making it to or serving it on the secretary of that body. (2) For the purposes of this section, and of section 7 of the Interpretation Act 1978 as it applies for the purposes of this section, the proper address of a person is— (a) in the case of a body corporate or its secretary, the address of the principal office of the body, (b) in any other case, his last known address, and also, where an additional address for service has been specified by that person in a notice under section 548(2) (notice of intention to assume responsibility for repurchase), that address.

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572 Jurisdiction of county court.

(1) The county court has jurisdiction— (a) to determine any question arising under this Part notwithstanding that a declaration is the only relief sought, and (b) to entertain any proceedings brought in connection with the performance or discharge of obligations arising under this Part, including proceedings for the recovery of damages in the event of the obligations not being performed. (2) Subsection (1) has effect subject to— sections 528(6) and 559(6) (questions of designation to be decided by designating authority), and section 551(3) and paragraph 9 of Schedule 20 (questions of valuation to be determined by district valuer). (3) Where an authority fail to extend or further extend a period when required to do so by— (a) section 542(3) (reinstatement grant: period within which work is to be completed), or (b) paragraph 2(2) or 6(2) of Schedule 20 (repurchase: period for service of request or notice by person entitled to assistance), the county court may by order extend or futher extend that period until such date as may be specified in the order. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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573 Meaning of “public sector authority”.

(1) In this Part “public sector authority” means— a local authority (or a predecessor of a local authority), a joint board of which every constituent member is, or is appointed by, a local authority (or a predecessor of a local authority), a National Park authority (or a predecessor of such an authority), . . . . . . a Welsh planning board, the Natural Resources Body for Wales, the National Rivers Authority the Relevant Authority, a non-profit registered provider of social housing other than a co-operative housing association (or a predecessor housing association of such a provider), a registered social landlord other than a co-operative housing association (or a predecessor housing association of such a landlord), a new town corporation, . . . the British Coal Corporation , the Coal Authority, or the United Kingdom Atomic Energy Authority, or a body corporate or housing association specified by order of the Secretary of State in accordance with the following provisions. (1A) For the purposes of subsection (1), “a Welsh planning board” means a board constituted under— (a) section 2(1B) of the Town and Country Planning Act 1990; . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The Secretary of State may provide that a body corporate shall be treated as a public sector authority if he is satisfied— (a) that the affairs of the body are managed by its members, and (b) that its members hold office by virtue of appointment (to that or another office) by a Minister of the Crown under an enactment, or if he is satisfied that it is a subsidiary of such a body. (3) The Secretary of State may provide that a housing association shall be treated as a public sector authority if he is satisfied that the objects or powers of the association include the provision of housing accommodation for individuals employed at any time by a public sector authority or dependants of such individuals. (4) Where the Secretary of State is satisfied that a body or association met the requirements of subsection (2) or (3) during any period, he may, whether or not he makes an order in respect of the body or association under that subsection, provide that is shall be treated as having been a public sector authority during that period. (5) If the Secretary of State is satisfied that a body or association specified in an order under subsection (2) or (3) has ceased to meet the requirements of that subsection on any date, he may by order provide that it shall be treated as having ceased to be a public sector authority on that date. (6) An order under this section shall be made by statutory instrument.

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574 Disposal of certain Crown interests in land treated as disposal by public sector authority.

References in this Part to a disposal of an interest in a dwelling by a public sector authority include a disposal of— (a) an interest belonging to Her Majesty in right of the Crown, (b) an interest belonging to, or held in trust for Her Majesty for the purposes of, a government department or Minister of the Crown, or (c) an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.

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575 Meaning of “dwelling” and “house”.

(1) In this Part “dwelling” means any house, flat or other unit designed or adapted for living in. (2) For the purposes of this Part a building so designed or adapted is a “house” if it is a structure reasonably so called; so that where a building is divided into units so designed or adapted— (a) if it is so divided horizontally, or a material part of a unit lies above or below another unit, the units are not houses (though the building as a whole may be), and (b) if it is so divided vertically, the units may be houses. (3) Where a house which is divided into flsts or other units is a defective dwelling in respect of which a person is eligible for assistance, the fact that it is so divided shall be disregarded for the purposes of section 538(1)(a) (first condition for assistance by way of reinstatement: that the dwelling is a house).

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576 Meaning of “lending institution”.

In this Part “lending institution” means— an authorised deposit taker, or an authorised insurer.

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577 Index of defined expressions: Part XVI.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expressions used in the same section or paragraph:— the agreement (in Part III of Schedule 20) | paragraph 11(1) of Schedule 20 appropriate percentage (in relation to reinstatement grant) | section 543(2) associated arrangement | section 539(2) assured agricultural occupancy | section 622 assured tenancy | section 622 the authority (in Part III of Schedule 20) | paragraph 11(1) of Schedule 20 bank | section 622 building society | section 622 charge (in Part III of Schedule 20) | paragraph 11(2)(a) of Schedule 20 contract-holder | section 558 the conveyance (in Part III of Schedule 20) | paragraph 11(1) of Schedule 20 co-operative housing association | section 5(2) . . . | . . . cut-off date | sections 528(2)(b) and 559(3)(b) defective dwelling | sections 528(2) and 559(3) development corporation | section 4(c) disposal | section 532(1) disposal for value | section 532(3) district (of a local housing authority) | section 2(1) district valuer | section 622 dwelling | section 575(1) dwelling-house (in sections 553 to 557) | section 558(a) eligible for assistance | sections 527 and 533 house | section 575(2) housing association | section 5(1) insurance company | section 622 the interest acquired (in Part III of Schedule 20) | paragraph 11(1) of Schedule 20 interest in a dwelling | section 530(4) interest to be acquired (in relation to repurchase) | paragraph 1 of Schedule 20 lending institution | section 576 local authority | section 4(e) local housing authority | section 1, 2(2) new town corporation | section 4(b) new towns residuary body | section 4(1)(g) notice of determination | section 540(1) occupation contract | section 558 occupier (in sections 553 to 557 | section 558(b) person entitled to assistance (by way of reinstatement grant or repurchase) | section 540(5) previous disposal | section 532(4) protected tenancy | section 622 public sector authority | section 573 (and see section 574) the purchase price (in Part III of Schedule 20) | paragraph 11(1) of Schedule 20 purchasing authority | section 548(3) qualifying defect | sections 528(2)(a) and 559(3)(a) qualifying work | section 541(2) registered social landlord | section 5(4) and (5) reinstatement grant | section 541(1) the Relevant Authority | section 6A relevant charge (in Part III of Schedule 20) | paragraph 7(2) of Schedule 20 relevant interest | section 530(1) the relevant time (in relation to valuation for repurchase) | paragraph 7(2) of Schedule 20 repurchase | section 547 secure contract | section 558 secure tenancy | section 79 (and see section 558(c)) statutory tenancy and statutory tenant | section 622 subsidiary | section 622 time of disposal | section 532(2) trustee savings bank | section 622 the vendor (in Part III of Schedule 20) | paragraph 11(1) of Schedule 20 work required to reinstate a defective dwelling | section 539(1)

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578 General enactments relating to compulsory purchase, &c., apply subject to this Part.

The Acquisition of Land Act 1981, the Compulsory Purchase Act 1965 and the Land Compensation Act 1961 apply to the compulsory purchase of land under this Act subject to the following provisions of this Part.

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578A Modification of compulsory purchase order in case of acquisition of land for clearance.

(1) Subsection (2) applies where the local housing authority make a compulsory purchase order, within the meaning of the Acquisition of Land Act 1981, in respect of land they have determined to purchase under section 290 (acquisition of land comprised, surrounded by or adjoining a clearance area). (2) Where this subsection applies, the Secretary of State may, in accordance with sections 13 to 13C of the Acquisition of Land Act 1981 (confirmation of order), confirm the order with modifications notwithstanding that the effect of the modifications made by him in excluding any land or buildings from the clearance area concerned is to sever the area into two or more separate and distinct areas; and, in such a case, the severance shall not prevent those areas from continuing to be treated as one clearance area for the purposes of the provisions of Part IX.

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579 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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580 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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582 Restriction on recovery of possession after making of compulsory purchase order.

(1) This section applies where a local housing authority have made a compulsory purchase order authorising— (a) the acquisition of a house in multiple occupation under— section 17 (provision of housing), . . . section 300 (purchase of condemned house for temporary housing use), or (b) the acquisition of land under section 93(2) of the Local Government and Housing Act 1989 (land in renewal area on which there are premises consisting of or including housing accommodation), and within the period specified in subsection (2) proceedings for possession of premises forming part of the house or land in question are brought in the county court against a person who was the lessee of the premises when the order was made, or became the lessee after the order was made, but is no longer the lessee. (2) The period referred to in subsection (1) is the period beginning with the making of the compulsory purchase order and ending with— (a) the final day of the period of three years beginning with the date on which the order became operative, or (b) any earlier date on which— (i) the Secretary of State notifies the authority that the Secretary of State declines to confirm the order, (ii) the order (having been confirmed conditionally) expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981, or (iii) the order is quashed by a court. (3) Where this section applies the court may suspend the execution of any order for possession for such period, and subject to such conditions, as it thinks fit. (4) The period of suspension ordered by the court shall not extend beyond the end of the period of three years beginning with the date on which the court makes its order or, if earlier, the date on which the compulsory purchae order became operative. (5) The court may from time to time vary the period of suspension (but not so as to enlarge it beyond the end of the period of three years referred to in subsection (4)), or terminate it, or vary the terms of the order in other respects. (6) If at any time— (aa) the Secretary of State notifies the authority that the Secretary of State declines to confirm the compulsory purchase order, (ab) the order (having been confirmed conditionally) expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981, (ac) the order is quashed by a court, or (b) the authority decide, whether before or after the order has been submitted to the Secretary of State for confirmation, not to proceed with it, the authority shall notify the person entitled to the benefit of the order for possession and that person shall be entitled, on applying to the court, to obtain an order terminating the period of suspension, but subject to the exercise of the same discretion in fixing the date on which possession is to be given as the court might exercise if it were then making an order for possession for the first time. (6A) If the compulsory purchase order specifies a period longer than three years under section 13D of the Acquisition of Land Act 1981, the references in this section to the period of three years are to be read as references to the period specified in the order. (7) This section does not apply— (a) where the person entitled to possession of the premises is the local housing authority; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) In this section “house in multiple occupation” has the meaning given by sections 254 to 259 of the Housing Act 2004 for the purposes of that Act (other than Part 1).

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583 Continuance of tenancies of housees compulsorily acquired and to be used for housing purposes.

(1) Where a local housing authority— (a) are authorised to purchase compulsorily a house which is to be used for housing purposes, and (b) have acquired the right to enter on and take possession of the house by virtue of having served a notice under section 11 of the Compulsory Purchase Act 1965, they may, instead of exercising that right by taking actual possession of the house, proceed by serving notice on any person then in occupation of the house, or part of it, authorising him to continue in occupation upon terms specified in the notice or on such other terms as may be agreed. (2) Where the authority proceed in accordance with subsection(1)— (a) the like consequences follow with respect to the determination of the rights and liabilities of any person arising out of any interest of his in the house, or a part of it, and (b) the authority may deal with the premises in all respects, as if they had taken actual possession on the date of the notice. (3) A person who by virtue of this section ceases to be entitled to receive rent in respect of the premises shall be deemed for the purposes of section 20 of the Compulsory Purchase Act 1965 (compensation of tenants, &c.) to have been required to give up possession of the premises. (4) In this section “house” includes— (a) any part of a building which is occupied as a separate dwelling, and (b) any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it.

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584 Power to enter and determine short tenancies of land acquired or appropriated.

(1) This section applies where a local housing authority have agreed to purchase or have determined to appropriate land for the purposes of— Part II (provision of housing), Part VIII (area improvement), . . . the provisions of Part IX relating to clearance areas or Part VII of the Local Government and Housing Act 1989 (renewal areas), subject to the interest of the person in possession of the land. (2) If that person’s interest is not greater than that of a tenant for a year, or from year to year, the authority may, after giving him not less than 14 days’ notice, enter on and take possession of the land, or such part of the land as is specified in the notice, without previous consent. (3) The power conferred by subsection (2) may be exercised at any time after the making of the agreement or determination, except where the appropriation requires Ministerial consent in which case the power is not exercisable until that consent has been given. (4) The exercise of the local housing authority’s power under subsection (2) is subject to the payment to the person in possession of the like compensation, and interest on the compensation awarded, as would be payable if— (a) the authority had been authorised to acquire the land compulsorily, and (b) that person had been required in pursuance of their powers in that behalf to quit possession before the expiry of his term or interest in the land; but without any necessity for compliance with section 11 of the Compulsory Purchase Act 1965 (which prohibits entry on the land acquired before the compensation has been ascertained and paid or secured).

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584A Compensation payable in case of prohibition and demolition orders.

(1) Subject to subsection (3), where a relevant prohibition order becomes operative in respect of any premises or a demolition order under section 265 is made in respect of any premises, the local housing authority shall pay to every owner of the premises an amount determined in accordance with subsection (2). (2) The amount referred to in subsection (1) is the diminution in the compulsory purchase value of the owner’s interest in the premises as a result of the coming into operation of the relevant prohibition order or, as the case may be, the making of the demolition order; and that amount— (a) shall be determined as at the date of the coming into operation or making of the order in question; and (b) shall be determined (in default of agreement) as if it were compensation payable in respect of the compulsory purchase of the interest in question and shall be dealt with accordingly. (3) In any case where— (a) a relevant prohibition order has been made in respect of any premises, and (b) that order is revoked and a demolition order is made in its place, the amount payable to the owner under subsection (1) in connection with the demolition order shall be reduced by the amount (if any) paid to the owner or a previous owner under that subsection in connection with the relevant prohibition order. (4) For the purposes of this section— “compulsory purchase value”, in relation to an owner’s interest in premises, means the compensation which would be payable in respect of the compulsory purchase of that interest if it fell to be assessed in accordance with the Land Compensation Act 1961; “premises”, in relation to a demolition order, has the meaning given by section 322; “premises”, in relation to a prohibition order, means premises which are specified premises in relation to the order within the meaning of Part 1 of the Housing Act 2004; “relevant prohibition order” means a prohibition order under section 20 or 21 of the Housing Act 2004 which imposes in relation to the whole of any premises a prohibition on their use for all purposes other than any purpose approved by the authority.

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584B Repayment on revocation of demolition or prohibition order.

(1) Where a payment in respect of any premises has been made by a local housing authority under section 584A(1) in connection with a demolition order or relevant prohibition order and— (a) the demolition order is revoked under section 274 (revocation of demolition order to permit reconstruction of premises), or (b) the relevant prohibition order is revoked under section 25(1) or (2) of the Housing Act 2004, then, if at that time the person to whom the payment was made has the same interest in the premises as he had at the time the payment was made, he shall on demand repay to the authority the amount of the payment. (2) In any case where— (a) a payment in respect of any premises has been made by a local housing authority under section 584A(1) in connection with a relevant prohibition order, and (b) by virtue of section 25(3) of the Housing Act 2004, the order is revoked as respects part of the premises and not varied, and (c) the person to whom the payment was made (in this section referred to as “the recipient”) had at the time the payment was made, an owner’s interest in the part of the premises concerned (whether or not he had such an interest in the rest of the premises), then, if at the time of the revocation of the relevant prohibition order the recipient has the same interest in the premises as he had at the time the payment was made, he shall on demand pay to the authority an amount determined in accordance with subsections (4), (5) and (6). (3) In any case where— (a) a payment in respect of any premises has been made by a local housing authority under section 584A(1) in connection with a relevant prohibition order, and (b) by virtue of section 25(4) of the Housing Act 2004, the order is varied, then, if at the time of the variation of the order the recipient has the same interest in the premises as he had at the time the payment was made, he shall on demand pay to the authority an amount determined in accordance with subsections (4), (5) and (6). (4) The amount referred to in subsection (2) or (3) is whichever is the less of— (a) the amount by which the value of the interest of the recipient in the premises increases as a result of the revocation or variation of the relevant prohibition order; and (b) the amount paid to the recipient under section 584A(1) in respect of his interest in the premises; and the amount referred to in paragraph (a) shall be determined as at the date of the revocation or variation of the relevant prohibition order. (5) For the purpose of assessing the amount referred to in subsection (4)(a), the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land. (6) Any dispute as to the amount referred to in subsection (4)(a) shall be referred to and determined by the Upper Tribunal; and subsections (1)(a), (4) and (5) of section 4 of the Land Compensation Act 1961 shall, subject to any necessary modifications, apply for the purposes of this section as they apply for the purposes of that Act. (7) In this section “premises” and “relevant prohibition order” have the same meaning as in section 584A.

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593 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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596 Power to compensate shop-keepers in areas affected by clearance.

Where, as a result of action taken by a local housing authority under the provisions of Part IX relating to clearance areas, the population of the locality is materially decreased, the authority may pay to any person carrying on a retail shop in the locality such reasonable allowance as they think fit towards any loss involving personal hardship which in their opinion he will thereby sustain, but in estimating any such loss they shall have regard to the probable future development of the locality.

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597 Compensation payable on demolition of obstructive building.

(1) Where a building is demolished under section 287 (execution of obstructive building order), whether by the owner or by the local housing authority, compensation shall be paid by the authority to the owner in respect of loss arising from the demolition. (2) The compensation shall be assessed in accordance with Part I of the Land Compensation Act 1961 (determination of questions of disputed compensation). (3) In assessing the compensation no allowance shall be made on account of the demolition being compulsory.

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599 Application of compensation due to another local authority.

Compensation payable in respect of land of another local authority in pursuance of a compulsory purchase under— section 17 (provision of housing), . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , section 290 (acquisition of land for clearance), or section 300 (purchase of condemned house for temporary housing use) which would otherwise be paid into court in accordance with Schedule 1 to the Compulsory Purchase Act 1965 (purchase from persons not having power to dispose) may, if the Secretary of State consents, instead be paid and applied as he may determine.

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600 Powers of entry.

(1) A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving seven days notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of survey and examination where it appears to the authority or the Secretary of State that survey or examination is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises. (2) An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.

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601 Penalty for obstruction.

(1) It is a summary offence intentionally to obstruct an officer of the local housing authority or of the Secretary of State, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do. (2) A person committing such an offence is liable on conviction to a fine not exceeding level 3 on the standard scale.

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602 Minor definitions.

In this Part— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “owner” in relation to premises— (a) means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, and (b) includes also a person holding or entitled to the rents and profits of the premises or part of the premises under a lease of which the unexpired term exceeds three years.

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603 Index of defined expressions: Part XVII.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or otherwise explaining an expression used in the same section or paragraph):— clearance area | section 289 closing order | section 264 demolition order | section 265 compulsory purchase value | section 584A lease and lessee | section 621 local housing authority | section 1, 2(2).

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604 Fitness for human habitation.

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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.

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605 Consideration by local housing authority of housing conditions in their district.

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606 Reports on particular houses or areas.

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607 Local housing authority to have regard to environmental considerations.

A local housing authority in preparing any proposals for the provision of housing accommodation, or in taking any action under this Act, shall have regard to— (a) the beauty of the landscape or countryside, (b) the other amenities of the locality, and (c) the desirability of preserving existing works of architectural, historic or artistic interest; and they shall comply with such directions in that behalf as may be given to them by the Secretary of State.

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608 Acquisition of ancient monuments, &c.

Land which is the site of an ancient monument or other object of archaeological interest— (a) may not be acquired for the purposes of . . . Part IX (slum clearance), and (b) may be acquired for the purposes of Part II (provision of housing) only by compulsory purchase order.

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