(1) In section II of the Landlord and Tenant Act 1985 (repairing obligations in short leases) after subsection (1) there shall be inserted the following subsections—
(1A) If a lease to which this section applies is a lease of a dwelling- house which forms part only of a building, then, subject to subsection (IB), the covenant implied by subsection (1) shall have effect as if—
(a) the reference in paragraph (a) of that subsection to the dwelling-house included a reference to any part of the building in which the lessor has an estate or interest; and
(b) any reference in paragraphs (b) and (c) of that subsection to an installation in the dweiling-house included a reference to an installation which, directly or indirectly, serves the dwelling-house and which either—
(i) forms part of any part of a building in which the lessor has an estate or interest; or
(ii) is owned by the lessor or under his control.
(1B) Nothing in subsection (IA) shall be construed as requiring the lessor to carry out any works or repairs unless the disrepair (or failure to maintain in working order) is such as to affect the lessee’s enjoyment of the dwelling-house or of any common parts, as defined in section 60(1) of the Landlord and Tenant Act 1987, which the lessee, as such, is entitled to use.
(2) After subsection (3) of that section there shall be inserted the following subsection—
(3A) In any case where—
(a) the lessor’s repairing covenant has effect as mentioned in subsection (IA), and
(b) in order to comply with the covenant the lessor needs to carry out works or repairs otherwise than in, or to an installation in, the dwelling-house, and
(c) the lessor does not have a sufficient right in the part of the building or the installation concerned to enable him to carry out the required works or repairs,
then, in any proceedings relating to a failure to comply with the lessor’s repairing covenant, so far as it requires the lessor to carry out the works or repairs in question, it shall be a defence for the lessor to prove that he used all reasonable endeavours to obtain, but was unable to obtain, such rights as would be adequate to enable him to carry out the works or repairs.
(3) At the end of section 14(4) of the said Act of 1985 (which excludes from section II certain leases granted to various bodies) there shall be added—
a housing action trust established under Part 111 of the Housing Act 1988
.
(4) The amendments made by this section do not have effect with respect to—-
(a) a lease entered into before the commencement of this Act; or
(b) a lease entered into pursuant to a contract made before the commencement of this Act.
117 Certain tenancies excluded from bankrupt’s estate
(1) In section 283 of the Insolvency Act 1986 (definition of bankrupt’s estate) at the end of subsection (3) (property excluded from the estate) there shall be inserted the following subsection—
(3A) Subject to section 308A in Chapter IV, subsection (1) does not apply to—
(a) a tenancy which is an assured tenancy or an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988, and the terms of which inhibit an assignment as mentioned in section 127(5) of the Rent Act 1977, or
(b) a protected tenancy, within the meaning of the Rent Act 1977, in respect of which, by virtue of any provision of Part IX of that Act, no premium can lawfully be required as a condition of assignment, or
(c) a tenancy of a dwelling-house by virtue of which the bankrupt is, within the meaning of the Rent (Agriculture) Act 1976, a protected occupier of the dwelling-house, and the terms of which inhibit an assignment as mentioned in section 127(5) of the Rent Act 1977, or
(d) a secure tenancy, within the meaning of Part IV of the Housing Act 1985, which is not capable of being assigned, except in the cases mentioned in section 91(3) of that Act.
(2) After section 308 of that Act there shall be inserted the following section—
Vesting in trustee of certain tenancies.
308A Upon the service on the bankrupt by the trustee of a notice in writing under this section, any tenancy—
(a) which is excluded by virtue of section 283(3A) from the bankrupt’s estate, and
(b) to which the notice relates,
vests in the trustee as part of the bankrupt’s estate; and, except against a purchaser in good faith, for value and without notice of the bankruptcy, the trustee’s title to that tenancy has relation back to the commencement of the bankruptcy.
(3) In section 309 of that Act (time-limit for certain notices) in subsection (1)(b)—
(a) after the words “section 308” there shall be inserted “or section 308A”; and
(b) after the words “the property” there shall be inserted “or tenancy”.
(4) In section 315 of that Act (disclaimer (general power)), in subsection (4) after the words “reasonable replacement value)” there shall be inserted “or 308A”.
Section 63 of the Rent Act 1977 (schemes for the appointment of rent officers) shall have effect subject to the amendments in Part I of Schedule 14 to this Act and after section 64 of that Act there shall be inserted the sections set out in Part II of that Schedule.
122 Variation of cost floor for right to buy discount.
(1) Section 131 of the Housing Act 1985 (limits on amount of discount in relation to the right to buy) shall be amended in accordance with subsections (2) and (3) below.
(2) In subsection (1) (the cost floor provision) for paragraph (a) there shall be substituted the following paragraph—
(a) is to be treated as incurred at or after the beginning of that period of account of the landlord in which falls the date which is eight years, or such other period of time as may be specified in an order made by the Secretary of State, earlier than the relevant time, and
.
(3) After subsection (1) there shall be inserted the following subsection—
(1A) In subsection (1)(a) above “ period of account”, in relation to any costs, means the period for which the landlord made up those of its accounts in which account is taken of those costs.
(4) This section has effect in relation to the determination of discount in any case where—
(a) the relevant time falls on or after the date on which this section comes into force; or
(b) paragraph (a) above does not apply but the landlord has not before that date served on the tenant a notice complying with section 125 of the Housing Act 1985; or
(c) the tenant has before that date claimed to exercise the right to be granted a shared ownership lease but the landlord has not before that date served on the tenant a notice complying with section 147 of that Act; or
(d) the tenant has before that date served a notice under paragraph I of Schedule 8 to that Act (claiming to exercise the right to acquire an additional share under a shared ownership lease but the landlord has not before that date served a notice under sub- paragraph (3) of that paragraph;
and, for the purposes of this subsection, no account shall be taken of any steps taken under section 177 of that Act (amendment or withdrawal and re-service of notice to correct mistakes).
(5) Expressions used in subsection (4) above have the same meaning as in Part V of the Housing Act 1985.
(1) Schedule 5 of the Housing Act 1985 (exceptions to the right to buy) shall be amended in accordance with this section.
(2) Paragraphs 6 and 8 shall be omitted. Housing Act 1985.
(3) The repeal by this Act of paragraphs 6 and 8 of Schedule 5 shall not affect the operation of either of those paragraphs in any case where the tenant’s notice claiming to exercise the right to buy was served before the repeal comes into force unless, at that time, no notice in response had been served under section 124 of the Housing Act 1985 (landlord’s notice admitting or denying right to buy).
(4) For the purposes of subsection (3) above, no account shall be taken of any steps taken under section 177 of the Housing Act 1985 (amendment or withdrawal and re-service of notice to correct mistakes).
124 Right to buy: tenant’s sanction for landlord’s delays.
After section 153 of the Housing Act 1985 there shall be inserted the following sections—
Tenant’s notices of delay.
153A (1) Where a secure tenant has claimed to exercise the right to buy, he may serve on his landlord a notice (in this section referred to as an “initial notice of delay”) in any of the following cases, namely,—
(a) where the landlord has failed to serve a notice under section 124 within the period appropriate under subsection (2) of that section;
(b) where the tenant’s right to buy has been established and the landlord has failed to serve a notice under section 125 within the period appropriate under subsection (1) of that section;
(c) where the tenant has claimed to exercise the right to be granted a shared ownership lease and the landlord has failed to serve a notice under section 146 within the period of the four weeks required by that section;
(d) where the tenant’s right to a shared ownership lease has been established and the landlord has failed to serve a notice under section 147 within the period of the eight weeks required by that section; or
(e) where the tenant considers that delays on the part of the landlord are preventing him from exercising expeditiously his right to buy or his right to be granted a shared ownership lease;
and where an initial notice of delay specifies any of the cases in paragraphs (a) to (d), any reference in this section or section 153B to the default date is a reference to the end of the period referred to in the paragraph in question or, if it is later, the day appointed for the coming into force of section 124 of the Housing Act 1988.
(2) An initial notice of delay—
(a) shall specify the most recent action of which the tenant is aware which has been taken by the landlord pursuant to this Part of this Act; and
(b) shall specify a period (in this section referred to as “the response period”), not being less than one month, beginning on the date of service of the notice, within which the. service by the landlord of a counter notice under subsection (3) will have the effect of cancelling the initial notice of delay.
(3) Within the response period specified in an initial notice of delay or at any time thereafter, the landlord may serve on the tenant a counter notice in either of the following circumstances—
(a) if the initial notice specifies any of the cases in paragraphs (a) to (d) of subsection (1) and the landlord has served, or is serving together with the counter notice, the required notice under section 124, section 125, section 146 or section 147, as the case may be; or
(b) if the initial notice specifies the case in subsection (1)(e) and there is no action under this Part which, at the beginning of the response period, it was for the landlord to take in order to allow the tenant expeditiously to exercise his right to buy or his right to be granted a shared ownership lease and which remains to be taken at the time of service of the counter notice.
(4) A counter notice under subsection (3) shall specify the circumstances by virtue of which it is served.
(5) At any time when—
(a) the response period specified in an initial notice of delay has expired, and
(b) the landlord has not served a counter notice under subsection (3),
the tenant may serve on the landlord a notice (in this section and section153B referred to as an “operative notice of delay”) which shall state that section 153B will apply to payments of rent made by the tenant on or after the default date or, if the initial notice of delay specified the case in subsection (1)(e), the date of the service of the notice.
(6) If, after a tenant has served an initial notice of delay, a counter notice has been served under subsection (3), then, whether or not the tenant has also served an operative notice of delay, if any of the cases in subsection (1) again arises, the tenant may serve a further initial notice of delay and the provisions of this section shall apply again accordingly.
Payments of rent attributable to purchase price etc.
153B (1) Where a secure tenant has served on his landlord an operative notice of delay, this section applies to any payment of rent which is made on or after the default date or, as the case may be, the date of the service of the notice and before the occurrence of any of the following events (and, if more than one event occurs, before the earliest to occur—
(a) the service by the landlord of a counter notice under section 153A(3);
(b) the date on which the landlord makes to the tenant the grant required by section 138 or, as the case may be, section 150;
(c) the date on which the tenant serves notice under section 142(2) (claiming to be entitled to defer completion);
(d) the date on which the tenant withdraws or is deemed to have withdrawn the notice claiming to exercise the right to buy or, as the case may be, the notice claiming to exercise the right to be granted a shared ownership lease; and
(e) the date on which the tenant ceases to be entitled to exercise the right to buy.
(2) Except where this section ceases to apply on a date determined under any of paragraphs (c) to (e) of subsection (1), so much of any payment of rent to which this section applies as does not consist of—
(a) a sum due on account of rates, or
(b) a service charge (as defined in section 62 1 A),
shall be treated not only as a payment of rent but also as a payment on account by the tenant which is to be taken into account in accordance with subsection (3).
(3) In a case where subsection (2) applies, the amount which, apart from this section, would be the purchase price or, as the case may be, the tenant’s initial contribution for the grant of a shared ownership lease shall be reduced by an amount equal to the aggregate of—
(a) the total of any payments on account treated as having been paid by the tenant by virtue of subsection (2); and
(b) if those payments on account are derived from payments of rent referable to a period of more than twelve months, a sum equal to the appropriate percentage of the total referred to in paragraph (a).
(4) In subsection (3)(b) “the appropriate percentage” means 50 per cent. or such other percentage as may be prescribed.
125 Restriction on letting etc. of certain houses in National Parks etc.
(1) Section 37 of the Housing Act 1985 (restriction on disposals of dwelling-houses in National Parks etc.) shall be amended in accordance with this section.
(2) In subsection (2) (the covenanted limitation) after the word “his” there shall be inserted “ “(a) ” and at the end there shall be added
and
(b) there will be no disposal by way of tenancy or licence without the written consent of the authority unless the disposal is to a person satisfying that condition or by a person whose only or principal home is and, throughout the duration of the tenancy or licence, remains the house
.
(3) In subsection (3) (disposals limited to persons employed or living locally) after the words “application for consent” there shall be inserted the words “ or, in the case of a disposal by way of tenancy or licence, preceding the disposal ”.
(4) At the end of subsection (4) (disposals in breach of covenant to be void) there shall be added
and, so far as it relates to disposals by way of tenancy or licence, such a covenant may be enforced by the local authority as if—
(a) the authority were possessed of land adjacent to the house concerned; and
(b) the covenant were expressed to be made for the benefit of such adjacent land
.
(5) After subsection (4) there shall be inserted the following subsection—
(4A) Any reference in the preceding provisions of this section to a disposal by way of tenancy or licence does not include a reference to a relevant disposal or an exempted disposal.
(6) This section has effect where the conveyance, grant or assignment referred to in subsection (1) of section 37 is executed on or after the commencement of this Act.
126 Restriction on disposal of dwelling-houses in National Parks etc. acquired under the right to buy.
(1) In Part V of the Housing Act 1985 (the right to buy), section 157 (restriction on disposal of dwelling-houses in National Parks etc.) shall be amended in accordance with this section.
(2) In subsection (2) (the covenanted limitation) after the word “his” there shall be inserted “ “(a) ” and at the end there shall be added
and—
(b) there will be no disposal by way of tenancy or licence without the written consent of the landlord unless the disposal is to a person satisfying that condition or by a person whose only or principal home is and, throughout the duration of the tenancy or licence, remains the dwelling-house
.
(3) In subsection (3) (disposals limited to persons employed or living locally) after the words “application for consent” there shall be inserted the words “ “or, in the case of a disposal by way of tenancy or licence, preceding the disposal ”.
(4) At the end of subsection (6) (disposals in breach of covenant to be void) there shall be added
and, so far as it relates to disposals by way of tenancy or licence, such a covenant may be enforced by the landlord as if—
(a) the landlord were possessed of land adjacent to the house concerned; and
(b) the covenant were expressed to be made for the benefit of such adjacent land
.
(5) After subsection (6) there shall be inserted the following subsection—
(6A) Any reference in the preceding provisions of this section to a disposal by way of tenancy or licence does not include a reference to a relevant disposal or an exempted disposal.
(6) This section has effect where the conveyance or grant referred to in subsection (1) of section 157 is executed on or after the commencement of this Act.
(1) In subsection (4) of section 171B of the Housing Act 1985 for paragraph (a) there shall be substituted the following paragraphs—
(a) where the former secure tenancy was not a joint tenancy and, immediately before his death, the former secure tenant was tenant under an assured tenancy of a dwelling-house in relation to which he had the preserved right to buy, a member of the former secure tenant’s family who acquired that assured tenancy under the will or intestacy of the former secure tenant;
(aa) where the former secure tenancy was not a joint tenancy, a member of the former secure tenant’s family to whom the former secure tenant assigned his assured tenancy of a dwelling-house in relation to which, immediately before the assignment, he had the preserved right to buy
.
(2) In subsection (2)(a) of section 171C of that Act after the word “paragraphs” there shall be inserted “ “1, 3 and ”.
(3) After subsection (4) of that section there shall be added the following subsection—
(5) The disapplication by the regulations of paragraph I of Schedule 5 shall not be taken to authorise any action on the part of a charity which would conflict with the trusts of the charity.
128 Preservation of right to buy on disposal to private sector landlord: Scotland.
After section 81 of the Housing (Scotland) Act 1987 there shall be inserted the following section—
Preservation of right to buy on disposal to private sector landlord
Preservation of right to buy on disposal to private sector landlord
81A (1) The right to buy provisions shall continue to right to buy on apply where a person ceases to be a secure tenant of a disposal to house by reason of the disposal by the landlord of an private sector interest in the house to a private sector landlord.
(2) The right to buy provisions shall not, however, continue to apply under subsection (1) in such circumstances as may be prescribed.
(3) The continued application under subsection (1) of the right to buy provisions shall be in accordance with and subject to such provision as is prescribed which may—
(a) include—
(i) such additions and exceptions to, and adaptations and modifications of, the right to buy provisions in their continued application by virtue of this section; and
(ii) such incidental, supplementary and transitional provisions;
as the Secretary of State considers appropriate;
(b) differ as between different cases or descriptions of case and as between different areas;
(c) relate to a particular disposal.
(4) Without prejudice to the generality of subsection (3), provision may be made by virtue of it—
(a) specifying the persons entitled to the benefit of the right to buy provisions in their continued application by virtue of this section;
(b) preventing, except with the consent of the Secretary of State, the disposal by the private sector landlord of less than his whole interest in a house in relation to which the right to buy provisions continue to apply by virtue of this section;
(c) ensuring that where, under Ground 9 of Schedule 5 to the Housing (Scotland) Act 1988 (availability of suitable alternative accommodation), the sheriff makes an order for possession of a house in relation to which the right to buy provisions continue to apply by virtue of this section and the tenant would not have the right under this Part (other than this section) to buy the house which is or will be available by way of alternative accommodation, these provisions as so continued will apply in relation to the house which is or will be so available.
(5) In this section—
(a) “secure tenant” means a tenant under a secure tenancy;
(b) “private sector landlord” means a landlord other than one of those set out in sub-paragraphs (i) to (iv) and (viii) and (ix) of paragraph (a) of subsection (2) of section 61;
(c) the “right to buy provisions” means the provisions of this Act relating to the right of a tenant of a house to purchase it under this Part and to his rights in respect of a loan.
129 Schemes for payments to assist local housing authority tenants to obtain other accomodation.
(1) In accordance with a scheme made by a local housing authority and , where the authority is in Wales, approved by the Secretary of State under this section, the authority may make grants to or for the benefit of qualifying tenants or licensees of the authority with a view to assisting each person to whom or for whose benefit a grant is made to obtain accommodation otherwise than as a tenant or licensee of the authority either—
(a) by acquiring an interest in a dwelling-house; or
(b) by carrying out works to a dwelling-house to provide additional accommodation; or
(c) by both of those means.
(2) A scheme under this section shall contain such provisions as the local housing authority considers appropriate together with , where the authority is in Wales, any which the Secretary of State may require as a condition of his approval and, without prejudice to the generality, a scheme may include provisions specifying, or providing for the determination of—
(a) the persons who are qualifying tenants or licensees for the purposes of the scheme;
(b) the interests which qualifying tenants or licensees may be assisted to acquire;
(c) the works for the carrying out of which grants may be made;
(d) the circumstances in which a grant may be made for the benefit of a qualifying tenant or licensee;
(e) the amount of the grant which may be made in any particular case and the terms on which it may be made;
(f) the limits on the total number and amount of grants which may be made; and
(g) the period within which the scheme is to apply.
(3) The Secretary of State may approve a scheme made by a local housing authority in Wales under this section with or without conditions and, where a scheme has been made and, where the authority is in Wales, approved, a local housing authority shall take such steps as it considers appropriate to bring the scheme to the attention of persons likely to be able to benefit from it and shall take such other steps (if any) as the Secretary of State may direct in any particular case to secure publicity for the scheme.
(4) The Secretary of State may revoke an approval of a scheme under this section by a notice given to the local housing authority concerned; and, where such a notice is given, the revocation shall not affect the operation of the scheme in relation to any grants made or agreed before the date of the notice.
(5) Any grant made pursuant to a scheme under this section—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Where a scheme has been made by a local housing authority under this section and, where the authority is in Wales, has been approved, a person dealing with the authority shall not be concerned to see or enquire whether the terms of the scheme have been or are being complied with; and any failure to comply with the terms of a scheme shall not invalidate any grant purporting to be made in accordance with the scheme unless the person to whom the grant is made has actual notice of the failure.
(7) In this section—
(a) “local housing authority” has the meaning assigned by section 1 of the Housing Act 1985; of the Housing Act 1985;
(b) “dwelling-house” has the meaning assigned by section 112 of that Act; and
(c) “tenant” does not include a tenant under a long tenancy, as defined in section 115 of that Act.
131 Letting conditions applicable to improvement grants etc.
(1) With respect to applications for grants approved after the commencement of this Act, Part XV of the Housing Act 1985 (grants for works of improvement, repair and conversion) shall have effect subject to the following provisions of this section.
(2) In each of the following provisions—
(a) section 464 (preliminary condition: certificates as to future occupation), in subsection (5) (certificate of availability for letting), and
(b) section 501 (condition as to availability for letting), in subsection (2) (the terms of the condition),
in paragraph (a) after the word “holiday” there shall be inserted “on a tenancy which is not a long tenancy and”.
(3) After the words “Rent (Agriculture) Act 1976”, in each place where they occur in—
(a) section 464(5),
(b) section 501(2), and
(c) subsection (2)(d) of section 503 (restriction on imposition of further conditions in relation to certain grants),
there shall be inserted “or is occupied under an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988”.
(4) In section 504 (further conditions as to letting of dwelling), at the beginning of subsection (1) there shall be inserted the words “Subject to subsection (1A)”; in paragraph (a) of that subsection after the word “letting” there shall be inserted “on an assured tenancy which is not a long tenancy or”; and at the end of that subsection there shall be inserted the following subsection—
(1A) Paragraphs (d) to (f) of subsection (1) do not apply in the case of a dwelling which is or is to be let or available for letting on an assured tenancy.
(5) In subsection (2) of section 504 (definitions) after the words “subsection (1)” there shall be inserted “and subsection (1A)” and before paragraph (a) there shall be inserted the following paragraph—
(aa) “assured tenancy” means a tenancy which is an assured tenancy within the meaning of Part I of the Housing Act 1988 or would be such a tenancy if paragraphs 3, 6, 7 and 10 of Schedule 1 to that Act were omitted
.
(6) In section 526 (index of defined expressions in Part XV), after the entry relating to “local housing authority” there shall be inserted—
long tenancy section 115
.
(7) Without prejudice to subsection (1) above, where an application for a grant—
(a) was made but not approved before the commencement of this Act, and
(b) was accompanied by a certificate of availability for letting in a form which does not take account of the amendments of section 464(5) by subsections (2) and (3) above,
the certificate shall be treated as if it were in a form which takes account of the amendments made by those subsections.
(8) Without prejudice to subsection (1) above, where a grant has been approved before the commencement of this Act and—
(a) section 501(2) applies to impose a condition of the grant, or
(b) conditions have been imposed in terms of section 504(1),
the condition or conditions shall have effect as if it or they were in a form which takes account of the amendments made by subsection (3) or, as the case may be, subsections (4) and (5) above.
132 Consents to disposals of housing stock and application of receipts.
(1) At the end of subsection (4) of section 34 of the Housing Act 1985 (consent to disposals of land held for the purposes of Part II—provision of housing accommodation) and at the end of subsection (4) of section 43 of that Act (consent for certain disposals of other houses) there shall be inserted the subsections set out in subsection (2) below.
(2) The subsections referred to in subsection (1) above and subsection (3) below are as follows—
(4A) The matters to which the Secretary of State may have regard in determining whether to give consent and, if so, to what conditions consent should be subject shall include—
(a) the extent (if any) to which the person to whom the proposed disposal is to be made (in this subsection referred to as “the intending purchaser”) is, or is likely to be, dependent upon, controlled by or subject to influence from the local authority making the disposal or any members or officers of that authority;
(b) the extent (if any) to which the proposed disposal would result in the intending purchaser becoming the predominant or a substantial owner in any area of housing accommodation let on tenancies or subject to licences;
(c) the terms of the proposed disposal; and
(d) any other matters whatsoever which he considers relevant.
(4B) Where the Secretary of State gives consent to a disposal by a local authority, he may give directions as to the purpose for which any capital money received by the authority in respect of the disposal is to be applied and, where any such directions are given, nothing in any enactment shall require his consent to be given for the application of the capital money concerned in accordance with the directions.
(3) Section 13 of the Housing (Scotland) Act 1987 (power of Secretary of State to impose conditions in sale of local authority houses) shall be renumbered as subsection (1) of that section and after that subsection there shall be inserted as subsections (2) and (3) the subsections which are set out in subsection (2) above and there numbered (4A) and (4B).
(4), (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In section 208 of the Housing (Scotland) Act 1987 (application of receipts from disposal of certain land), in subsection (2) there shall be inserted at the end the words “or has made directions under section 13(3)”.
(7) In section 26 of the Local Government Act 1988 (provisions as to consents under section 25 for provision of financial assistance etc.), in subsection (5) (which excludes consent under various enactments where consent is given to a disposal of land under section 25) after the words “such a consent” there shall be inserted “then, if the consent given for the purposes of section 25 above so provides”.
(8) This section shall be deemed to have come into force on 9th June 1988.
133 Consent required for certain subsequent disposals.
(1) Where consent is required for a disposal (in this section referred to as “the original disposal”) by virtue of section 32 or section 43 of the Housing Act 1985 and that consent does not provide otherwise, the person who acquires the land or house on the disposal shall not dispose of it except with the consent of the appropriate authority; but nothing in this section shall apply in relation to an exempt disposal ....
(1ZA) In this section “the appropriate authority” means—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in relation to a disposal of land in England, the Secretary of State, and
(c) in relation to a disposal of land in Wales, the Welsh Ministers.
(1A) This section does not apply if the original disposal was made before the date on which this section comes into force.
(1B) This section does not apply if the original disposal was made to a private registered provider of social housing or to a body registered as a registered social landlord under Chapter 1 of Part 1 of the Housing Act 1996.
(2) Where an estate or interest of the person who acquired the land or house on the original disposal has been mortgaged or charged, the prohibition in subsection (1) above applies also to a disposal by the mortgagee or chargee in exercise of a power of sale or leasing, whether or not the disposal is in the name of the person who so acquired the land or house; and in any case where—
(a) by operation of law or by virtue of an order of a court, the land or house which has been acquired passes or is transferred from the person who so acquired it to another person, and
(b) that passing or transfer does not constitute a disposal for which consent is required under this section,
this section (including, where there is more than one such passing or transfer, this subsection) shall apply as if the other person to whom the land or house passes or is transferred were the person who acquired it on the original disposal.
(2A) Consent required for the purposes of this section may be given either generally to all persons who may require such consent or to any particular person or description of person who may require such consent.
(3) Where subsection (1) above applies—
(a) if section 34 of the Housing Act 1985 applies to the consent given to the original disposal, subsections (2)(b) , (3), (4) and (4A)(a) to (c) and (d) of that section shall also apply to any consent required by virtue of this section;
(b) if the consent to the original disposal was given under section 43 of that Act, subsections (2)(b) and , (3), (4) and (4A)(a) to (c) and (d) of that section shall also apply to any consent required by virtue of this section;
(c) in the application of subsection (4A)(a) to (c) and (d) of section 34 or section 43 to any consent required by virtue of this section, any reference to the appropriate national body shall be construed as a reference to the appropriate authority andany reference to the local authority making the disposal shall be construed as a reference to the local authority making the original disposal; and
(d) the instrument by which the original disposal is effected shall contain a statement in a form approved by the Chief Land Registrar that the requirement of this section as to consent applies to a subsequent disposal of the land or house by the person to whom the original disposal was made.
(4) Subsection (4) of section 32 of the Housing Act 1985 or, as the case may be, subsection (5) of section 43 of that Act (options to purchase as disposals) applies for the purposes of this section.
(5) Before giving any consent required by virtue of this section, the appropriate authority—
(a) shall satisfy itself that the person who is seeking the consent has taken appropriate steps to consult every tenant of any land or house proposed to be disposed of; and
(b) shall have regard to the responses of any such tenants to that consultation.
(5A) A person seeking any consent required by virtue of this section is not required to consult a tenant of the land or house proposed to be disposed of if—
(a) consent is sought for the disposal of the land or house to that tenant or to persons including that tenant; or
(b) consent is sought subject to the condition that the land or house is vacant at the time of the disposal;
and, accordingly, subsection (5) does not apply in either case.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) No consent shall be required under ... section ...42 of the Housing Act 1996 or section 9 of the Housing Associations Act 1985 for any disposal in respect of which consent is given under this section.
(8) Where the title of the authority to the land or house which is disposed of by the original disposal is not registered, and the original disposal is a transfer or grant of a description mentioned in section 4 of the Land Registration Act 2002 (compulsory registration of title)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the authority shall give to the person to whom the original disposal is made a certificate in a form approved by the Chief Land Registrar stating that the authority is entitled to make the disposal subject only to such encumbrances, rights and interests as are stated in the instrument by which the original disposal is effected or summarised in the certificate; and
(c) for the purpose of registration of title, the Chief Land Registrar shall accept such a certificate as evidence of the facts stated in it, but if as a result he has to meet a claim against him under the Land Registration Act 2002 the authority by whom the original disposal was made is liable to indemnify him.
(9) Where the Chief Land Registrar approves an application for registration of—
(a) a disposition of registered land, or
(b) a person’s title under a disposition of unregistered land,
and the instrument effecting the original disposal contains the statement required by subsection (3)(d) above, he shall enter in the register a restriction reflecting the limitation under this section on subsequent disposal.
(10) In every case where the consent of the Secretary of State is required for the original disposal by virtue of section 32 or section 43 of the Housing Act 1985 (whether or not consent is required under this section to a subsequent disposal), the authority by which the original disposal is made shall furnish to the person to whom it is made a copy of that consent.
(11) In this section “exempt disposal” means—
(a) the disposal of a dwelling-house to a person having the right to buy it under Part 5 of the Housing Act 1985 (whether the disposal is in fact made under that Part or otherwise);
(b) a compulsory disposal, within the meaning of Part 5 of the Housing Act 1985;
(c) the disposal of an easement or rentcharge;
(d) the disposal of an interest by way of security for a loan;
(e) the grant of a secure tenancy or what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the Housing Act 1985;
(f) the grant of an assured tenancy or an assured agricultural occupancy, within the meaning of Part 1 of this Act, or what would be such a tenancy or occupancy but for any of paragraphs 3D to 8 of Schedule 1 to this Act;
(fa) the grant of an occupation contract within the meaning of the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act);
(g) the transfer of an interest held on trust for any person where the disposal is made in connection with the appointment of a new trustee or in connection with the discharge of any trustee.
134 Consent required for certain subsequent disposals: Scotland.
In Part I of the Housing (Scotland) Act 1987 (provision of housing) after section 12 there shall be inserted the following section—
Consent of Secretary of State required for certain subsequent disposals.
12A (1) Where a person acquires any land or house from a local authority under section 12(1)(c) or (d) above and the consent of the Secretary of State is required under section 12(7) above to the local authority’s disposal of the land or house to that person, that person shall not dispose of the land or house without the consent in writing of the Secretary of State.
(2) Any consent for the purposes of subsection (1) above may be given either in respect of a particular disposal or in respect of disposals of any class or description (including disposals in particular areas) and either unconditionally or subject to conditions.
(3) Before giving any consent for the purposes of subsection (1) above, the Secretary of State—
(a) shall satisfy himself that the person who is seeking the consent has taken appropriate steps to consult every tenant of any land or house proposed to be disposed of; and
(b) shall have regard to the responses of any such tenants to that consultation.
(4) The consent of Scottish Homes under section 9 of the Housing Associations Act 1985 (control of dispositions) is not required for any disposal, or disposals of any class or description, in respect of which consent is given under subsection (1) above.
(5) In this section references to disposing of property include references to—
(a) granting or disposing of any interest in property;
(b) entering into a contract to dispose of property or to grant or dispose of any such interest; and
(c) granting an option to acquire property or any such interest.
(1) In Part III of the Housing (Scotland) Act 1987 (rights of public sector tenants) after section 81 there shall be inserted the following section—
Consultation before disposal to private sector landlord
Consultation before disposal to private sector landlord.
81B The provisions of Schedule 6A have effect with respect to the duties of—
(a) a local authority proposing to dispose of houses let on secure tenancies;
(b) the Secretary of State in considering whether to give his consent under section 12(7) to such a disposal,
to have regard to the views of tenants liable as a result of the disposal to cease to be secure tenants (that is to say, tenants under secure tenancies).
(2) After Schedule 6 to the Housing (Scotland) Act 1987 there shall be inserted, as Schedule 6A, the Schedule set out in Schedule 16 to this Act.
(3) The amendments made by this section apply to disposals after the coming into force of this section.
(1) There shall be paid out of money provided by Parliament—
(a) any sums required for the payment by the Secretary of State of grants under this Act;
(b) any sums required to enable the Secretary of State to make payments to housing action trusts established under Part III of this Act;
(c) any other expenses of the Secretary of State under this Act; and
(d) any increase attributable to this Act in the sums so payable under any other enactment.
(2) Any sums received by the Secretary of State under this Act, other than those required to be paid into the National Loans Fund, shall be paid into the Consolidated Fund.
(1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.
(2) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Schedule 17 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act and the Housing (Scotland) Act 1988, shall have effect . . ..
(2) The enactments specified in Schedule 18 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule, but subject to any provision at the end of that Schedule and to any saving in Chapter V of Part I of or Schedule 17 to this Act.
(1) This Act may be cited as the Housing Act 1988.
(2) The provisions of Parts II and IV of this Act and sections 119, 122, 124, 128, 129, 135 and 140 above shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions or for different purposes.
(3) Part I and this Part of this Act, other than sections 119, 122, 124, 128, 129, 132, 133, 134, 135 and 138 onwards, shall come into force at the expiry of the period of two months beginning on the day it is passed; and any reference in those provisions to the commencement of this Act shall be construed accordingly.
(4) An order under subsection (2) above may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with the provisions brought into force by the order.
(5) Parts I, III and IV of this Act and this Part, except sections 118, 128, 132, 134, 135 and 137 onwards, extend to England and Wales only.
(6) This Act does not extend to Northern Ireland.
SCHEDULE 1 Tenancies Which Cannot be Assured Tenancies
Section 1.
Part I The Tenancies
Tenancies entered into before commencement
1 A tenancy which is entered into before, or pursuant to a contract made before, the commencement of this Act.
Tenancies of dwelling-houses with high rateable values
2 (1) A tenancy—
(a) which is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), and
(b) under which the rent payable for the time being is payable at a rate exceeding £100,000 a year.
(2) In sub-paragraph (1) “rent” does not include any sum payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, council tax, services, management, repairs, maintenance or insurance, unless it could not have been regarded by the parties to the tenancy as a sum so payable.
2A. A tenancy—
(a) which was entered into before the 1st April 1990, or on or after that date in pursuance of a contract made before that date, and
(b) under which the dwelling-house had a rateable value on the 31st March 1990 which, if it is in Greater London, exceeded £1,500 and, if it is elsewhere, exceeded £750.
Tenancies at a low rent
3 A tenancy under which for the time being no rent is payable.
3A A tenancy—
(a) which is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), and
(b) under which the rent payable for the time being is payable at a rate of, if the dwelling-house is in Greater London, £1,000 or less a year and, if it is elsewhere, £250 or less a year.
3B A tenancy—
(a) which was entered into before 1st April 1990 or, where the dwelling-house had a rateable value on the 31st March 1990, on or after 1st April 1990 in pursuance of a contract made before that date, and
(b) under which the rent for the time being payable is less than two-thirds of the rateable value of the dwelling-house on 31st March 1990.
3C Paragraph 2(2) above applies for the purposes of paragraphs 3, 3A and 3B as it applies for the purposes of paragraph 2(1).
Fixed term tenancies of more than 21 years
3D A fixed term tenancy of a term certain of more than 21 years from the date of the grant of the tenancy.
Fixed term tenancies of 7 to 21 years granted before the Renters’ Rights Act 2025
3E (1) A tenancy of a term certain of—
(a) 21 years or less, but
(b) more than 7 years,
from the date of the grant of the tenancy.
(2) This paragraph applies only to tenancies entered into—
(a) before the day on which the Renters’ Rights Act 2025 was passed,
(b) during the period of two months beginning with that day, or
(c) after the end of that period under a contract entered into before the end of that period.
Regulated home purchase plans
3F (1) A tenancy which, when it is granted, forms part of a regulated home purchase plan.
(2) In this paragraph “regulated home purchase plan” has the same meaning that it has from time to time in regulation 63F(3)(a) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544).
(3) The Secretary of State may, by regulations, amend this paragraph in consequence of an order made under section 22 of the Financial Services and Markets Act 2000.
(4) Regulations under this paragraph—
(a) may make different provision for different purposes;
(b) are to be made by statutory instrument.
(5) A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Business tenancies
4 A tenancy to which Part II of the Landlord and Tenant Act 1954 applies (business tenancies).
Licensed premises
5 A tenancy under which the dwelling-house consists of or comprises “premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act)” for consumption on the premises.
Tenancies of agricultural land
6 (1) A tenancy under which agricultural land, exceeding two acres, is let together with the dwelling-house.
(2) In this paragraph “agricultural land” has the meaning set out in section 26(3)(a) of the General Rate Act 1967 (exclusion of agricultural land and premises from liability for rating).
Tenancies of agricultural holdings etc.
7 (1) A tenancy under which the dwelling-house—
(a) is comprised in an agricultural holding, and
(b) is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming of the holding.
(2) A tenancy under which the dwelling-house—
(a) is comprised in the holding held under a farm business tenancy, and
(b) is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the management of the holding.
(3) In this paragraph—
“agricultural holding” means any agricultural holding within the meaning of the Agricultural Holdings Act 1986 held under a tenancy in relation to which that Act applies, and
“farm business tenancy” and “holding”, in relation to such a tenancy, have the same meaning as in the Agricultural Tenancies Act 1995.
Lettings to students
8 (1) A tenancy which is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution if—
(a) the tenancy is granted—
(i) by that institution,
(ii) by another specified educational institution, or
(iii) by a specified body of persons, or
(b) either of the following is a member of a specified housing management code of practice—
(i) a person appointed to act on the landlord’s behalf in respect of the tenancy;
(ii) a person appointed to discharge management functions in respect of the building which comprises the dwelling-house or in which the dwelling-house is situated.
(1A) Subsection (1) is subject to sub-paragraphs (2B) to (2D) and (5) to (7).
(2) In sub-paragraph (1) above “specified” means specified, or of a class specified, for the purposes of this paragraph by regulations made by the Secretary of State by statutory instrument.
(2A) Regulations under sub-paragraph (2) may, in particular, specify as a body of persons—
(a) the members, or
(b) a class of the members,
from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2).
(2B) The Secretary of State may by regulations made by statutory instrument—
(a) specify a class of building, and
(b) provide that a tenancy—
(i) does not fall within this paragraph if the dwelling-house is in a building of the specified class, or
(ii) falls within this paragraph only if the dwelling-house is in a building of the specified class.
(2C) The Secretary of State may by regulations made by statutory instrument—
(a) specify a student landlord or a class of student landlord,
(b) specify a class of building in relation to the specified student landlord or specified class of student landlord, and
(c) provide that, where the landlord is the specified student landlord, or a student landlord of the specified class, the tenancy—
(i) does not fall within this paragraph if the dwelling-house is in the specified class of building, or
(ii) falls within this paragraph only if the dwelling-house is in the specified class of building.
(2D) The Secretary of State may by regulations made by statutory instrument—
(a) specify a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building or a class of such persons,
(b) specify a class of building in relation to the specified person or specified class of persons, and
(c) provide that a tenancy—
(i) does not fall within this paragraph if the dwelling-house is in the specified class of building and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building who is specified or is in the specified class of such persons, or
(ii) falls within this paragraph only if the dwelling-house is in the specified class of building and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building who is specified or is in the specified class of such persons.
(2E) Regulations under sub-paragraph (2B)(a) or (2C)(b) or (2D)(b) may, in particular, specify as a class of building—
(a) the buildings, or
(b) a class of the buildings,
from time to time subject to a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (1)(b), (2B)(a) or (2C)(b).
(2F) Regulations under sub-paragraph (2C)(a) may, in particular, specify as a class of student landlord—
(a) the members, or
(b) a class of the members,
from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2C)(a).
(3) A statutory instrument made in the exercise of a power conferred by this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Regulations under this paragraph—
(a) may make different provision for different purposes;
(b) may make supplemental, consequential, incidental, transitional, transitory or saving provision.
(5) The question of whether or not a tenancy is within this paragraph is to be determined by reference to the circumstances at the time when the tenancy is granted.
(6) A change in the circumstances after that time does not affect whether or not a tenancy is within this paragraph, except in a case where—
(a) the tenant is entitled to possession of the dwelling-house at a time after the tenancy was granted, and
(b) at the time when the tenant is entitled to possession—
(i) condition A is met (see sub-paragraph (8)),
(ii) condition B is met (see sub-paragraphs (9) and (10)), or
(iii) both of those conditions are met.
(7) In such a case, the tenancy ceases to fall within this paragraph (and accordingly this paragraph ceases to prevent the tenancy from being an assured tenancy) at the time when the tenant is entitled to possession.
(8) Condition A is met if—
(a) the tenancy was exempt solely by reference to a code of practice, but
(b) at the time when the tenant is entitled to possession of the dwelling-house, the landlord’s interest under the lease does not attract the exemption under this paragraph.
(9) Condition B is met if—
(a) at the time when the tenancy was granted—
(i) regulations under sub-paragraph (2B), (2C) or (2D) were in force, but
(ii) those regulations did not prevent the tenancy from being within this paragraph, but
(b) at the time when the tenant is entitled to possession of the dwelling-house—
(i) regulations under sub-paragraph (2B), (2C) or (2D) are in force, and
(ii) those regulations prevent the tenancy from being within this paragraph.
(10) But condition B is not met in any circumstances that are specified, or are of a description specified, for this purpose by regulations made by the Secretary of State.
(11) For the purposes of this paragraph—
(a) “management functions” in respect of a building includes functions relating to—
(i) the provision of services, or
(ii) the repair, maintenance, improvement or insurance of the building;
(b) “student landlord” means an institution or body of persons specified, or of a class specified, for the purposes of this paragraph (see sub-paragraph (2));
(c) “housing management code of practice” means a code of practice approved by the Secretary of State under section 233 of the Housing Act 2004 (codes relating to the management of HMOs or excepted accommodation);
(d) a building is “subject to” a housing management code of practice if it—
(i) is a particular building subject to the code, or
(ii) is of a class of buildings subject to the code;
(e) a reference to—
(i) a class of the buildings from time to time subject to a housing management code of practice, or
(ii) a class of the members from time to time of a housing management code of practice,
includes the buildings or members that are from time to time in a class provided for in the code of practice;
(f) a tenancy is “exempt solely by reference to a code of practice” if—
(i) the tenancy was granted by a body of persons who were, at the time of the grant, a specified landlord solely by reference to a code of practice, or
(ii) at the time of the grant, sub-paragraph (1)(b) applied to the tenancy but sub-paragraph (1)(a) did not apply to the tenancy;
(g) a reference to the landlord’s interest under the lease not attracting the exemption under this paragraph is a reference to—
(i) a case where the landlord is not a student landlord and there is no person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the relevant building; or
(ii) a case where the landlord is not a student landlord and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the relevant building, but that person is not a member of a specified housing management code of practice;
and for that purpose the “relevant building” is the building which the dwelling-house comprises or in which the dwelling-house is situated;
(h) a body of persons are “a specified landlord solely by reference to a code of practice” if they—
(i) are a member of a housing management code of practice that is specified by regulations under sub-paragraph (2A), and
(ii) are not specified by regulations under sub-paragraph (2) as a body of persons otherwise than as a member of that code of practice.
Holiday lettings
9 A tenancy the purpose of which is to confer on the tenant the right to occupy the dwelling-house for a holiday.
Resident landlords
10 (1) A tenancy in respect of which the following conditions are fulfilled—
(a) that the dwelling-house forms part only of a building and, except in a case where the dwelling-house also forms part of a flat, the building is not a purpose-built block of flats; and
(b) that, subject to Part III of this Schedule, the tenancy was granted by an individual who, at the time when the tenancy was granted, occupied as his only or principal home another dwelling-house which,—
(i) in the case mentioned in paragraph (a) above, also forms part of the flat; or
(ii) in any other case, also forms part of the building; and
(c) that, subject to Part III of this Schedule, at all times since the tenancy was granted the interest of the landlord under the tenancy has belonged to an individual who, at the time he owned that interest, occupied as his only or principal home another dwelling-house which,—
(i) in the case mentioned in paragraph (a) above, also formed part of the flat; or
(ii) in any other case, also formed part of the building; and
(d) that the tenancy is not one which is excluded from this sub-paragraph by sub-paragraph (3) below.
(2) If a tenancy was granted by two or more persons jointly, the reference in sub-paragraph (1)(b) above to an individual is a reference to any one of those persons and if the interest of the landlord is for the time being held by two or more persons jointly, the reference in sub-paragraph (1)(c) above to an individual is a reference to any one of those persons.
(3) A tenancy (in this sub-paragraph referred to as “the new tenancy”) is excluded from sub-paragraph (1) above if—
(a) it is granted to a person (alone, or jointly with others) who, immediately before it was granted, was a tenant under an assured tenancy (in this sub-paragraph referred to as “the former tenancy”) of the same dwelling-house or of another dwelling-house which forms part of the building in question; and
(b) the landlord under the new tenancy and under the former tenancy is the same person or, if either of those tenancies is or was granted by two or more persons jointly, the same person is the landlord or one of the landlords under each tenancy.
Crown tenancies
11 (1) A tenancy under which the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department.
(2) The reference in sub-paragraph (1) above to the case where the interest of the landlord belongs to Her Majesty in right of the Crown does not include the case where that interest is under the management of the Crown Estate Commissioners or it is held by the Secretary of State as the result of the exercise by him of functions under Part III of the Housing Associations Act 1985.
Local authority tenancies etc.
12 (1) A tenancy under which the interest of the landlord belongs to—
(a) a local authority, as defined in sub-paragraph (2) below;
(b) the Homes and Communities Agency but only if the tenancy falls within subsections (2A) to (2E) of section 80 of the Housing Act 1985;
(ba) the Welsh Ministers but only if the tenancy falls within subsections (2A) to (2E) of section 80 of the Housing Act 1985;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980;
(da) a Mayoral development corporation;
(da) a National Park authority;
(e) a development corporation, within the meaning of the New Towns Act 1981;
(f) an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);
(fa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) a residuary body, within the meaning of the Local Government Act 1985;
(gg) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) a fully mutual housing association,...
(i) a housing action trust established under Part III of this Act.
(2) The following are local authorities for the purposes of sub-paragraph (1)(a) above—
(a) the council of a county, county borough, district or London borough;
(b) the Common Council of the City of London;
(c) the Council of the Isles of Scilly;
(d) the Broads Authority;
(e) the Inner London Education Authority; and
(ea) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
(ee) the London Fire Commissioner;
(f) a joint authority, within the meaning of the Local Government Act 1985;
(fa) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(fb) a combined authority established under section 103 of that Act;
(fc) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; and
(g) a police and crime commissioner.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Family intervention tenancies
12ZA (1) A family intervention tenancy.
(2) But a family intervention tenancy becomes an assured tenancy if the landlord notifies the tenant that it is to be regarded as an assured tenancy.
(3) In this paragraph “ a family intervention tenancy ” means, subject to sub-paragraph (4), a tenancy granted by a private registered provider of social housing or a registered social landlord (“ the landlord ”) in respect of a dwelling-house—
(a) to a person (“ the new tenant ”) against whom a possession order under section 7 in respect of another dwelling-house—
(i) has been made, in relation to an assured tenancy, on ground 7A of Part 1 of Schedule 2 or ground 14, 14ZA or 14A of Part 2 of Schedule 2;
(ii) could, in the opinion of the landlord, have been so made in relation to such a tenancy; or
(iii) could, in the opinion of the landlord, have been so made if the person had had such a tenancy; and
(b) for the purposes of the provision of behaviour support services.
(4) A tenancy is not a family intervention tenancy for the purposes of this paragraph if the landlord has failed to serve a notice under sub-paragraph (5) on the new tenant before the new tenant entered into the tenancy.
(5) A notice under this sub-paragraph is a notice stating—
(a) the reasons for offering the tenancy to the new tenant;
(b) the dwelling-house in respect of which the tenancy is to be granted;
(c) the other main terms of the tenancy (including any requirements on the new tenant in respect of behaviour support services);
(d) the security of tenure available under the tenancy and any loss of security of tenure which is likely to result from the new tenant agreeing to enter into the tenancy;
(e) that the new tenant is not obliged to enter into the tenancy or (unless otherwise required to do so) to surrender any existing tenancy or possession of a dwelling-house;
(f) any likely action by the landlord if the new tenant does not enter into the tenancy or surrender any existing tenancy or possession of a dwelling-house.
(6) The appropriate national authority may by regulations made by statutory instrument amend sub-paragraph (5).
(7) A notice under sub-paragraph (5) must contain advice to the new tenant as to how the new tenant may be able to obtain assistance in relation to the notice.
(8) The appropriate national authority may by regulations made by statutory instrument make provision about the type of advice to be provided in such notices.
(9) Regulations under this paragraph may contain such transitional, transitory or saving provision as the appropriate national authority considers appropriate.
(10) A statutory instrument containing (whether alone or with other provision) regulations under this paragraph which amend or repeal any of paragraphs (a) to (f) of sub-paragraph (5) may not be made—
(a) by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) Subject to this, a statutory instrument containing regulations made under this paragraph—
(a) by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) In this paragraph—
“appropriate national authority”—
in relation to England, means the Secretary of State .
...
“ behaviour support agreement ” means an agreement in writing about behaviour and the provision of support services made between the new tenant, the landlord and the local housing authority for the district in which the dwelling-house which is to be subject to the new tenancy is situated (or between persons who include those persons);
“ behaviour support services ” means relevant support services to be provided by any person to—
the new tenant; or
any person who is to reside with the new tenant;
for the purpose of addressing the kind of behaviour which led to the new tenant falling within sub-paragraph (3)(a);
“ family intervention tenancy ” has the meaning given by sub-paragraph (3);
“ landlord ” has the meaning given by sub-paragraph (3);
“local housing authority” (and the reference to its district) has the same meaning as in the Housing Act 1985 (see sections 1 and 2(1) of that Act);
“ the new tenant ” has the meaning given by sub-paragraph (3)(a);
“ registered social landlord ” has the same meaning as in Part 1 of the Housing Act 1996;
“ relevant support services ” means support services of a kind identified in a behaviour support agreement and designed to meet such needs of the recipient as are identified in the agreement.
Accommodation for asylum-seekers
12A (1) A tenancy granted by a private landlord under arrangements for the provision of support for asylum-seekers or dependants of asylum-seekers made under section 4 or Part VI of the Immigration and Asylum Act 1999 .
(2) “Private landlord” means a landlord who is not within section 80(1) of the Housing Act 1985.
...
12B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional cases
13 (1) A protected tenancy, within the meaning of the Rent Act 1977.
(2) A housing association tenancy, within the meaning of Part VI of that Act.
(3) A secure tenancy.
(4) Where a person is a protected occupier of a dwelling-house, within the meaning of the Rent (Agriculture) Act 1976, the relevant tenancy, within the meaning of that Act, by virtue of which he occupies the dwelling-house.
Part II Rateable Values
14 (1) The rateable value of a dwelling-house at any time shall be ascertained for the purposes of Part I of this Schedule as follows—
(a) if the dwelling-house is a hereditament for which a rateable value is then shown in the valuation list, it shall be that rateable value;
(b) if the dwelling-house forms part only of such a hereditament or consists of or forms part of more than one such hereditament, its rateable value shall be taken to be such value as is found by a proper apportionment or aggregation of the rateable value or values so shown.
(2) Any question arising under this Part of this Schedule as to the proper apportionment or aggregation of any value or values shall be determined by the county court and the decision of that court shall be final.
15 Where, after the time at which the rateable value of a dwelling-house is material for the purposes of any provision of Part I of this Schedule, the valuation list is altered so as to vary the rateable value of the hereditament of which the dwelling-house consists (in whole or in part) or forms part and the alteration has effect from that time or from an earlier time, the rateable value of the dwelling-house at the material time shall be ascertained as if the value shown in the valuation list at the material time had been the value shown in the list as altered.
16 Paragraphs 14 and 15 above apply in relation to any other land which, under section 2 of this Act, is treated as part of a dwelling-house as they apply in relation to the dwelling-house itself.
Part III Provisions for Determining Application of Paragraph 10 (Resident Landlords)
17 (1) In determining whether the condition in paragraph 10(1)(c) above is at any time fulfilled with respect to a tenancy, there shall be disregarded—
(a) any period of not more than twenty-eight days, beginning with the date on which the interest of the landlord under the tenancy becomes vested at law and in equity in an individual who, during that period, does not occupy as his only or principal home another dwelling-house which forms part of the building or, as the case may be, flat concerned;
(b) if, within a period falling within paragraph (a) above, the individual concerned notifies the tenant in writing of his intention to occupy as his only or principal home another dwelling-house in the building or, as the case may be, flat concerned, the period beginning with the date on which the interest of the landlord under the tenancy becomes vested in that individual as mentioned in that paragraph and ending—
(i) at the expiry of the period of six months beginning on that date, or
(ii) on the date on which that interest ceases to be so vested, or
(iii) on the date on which that interest becomes again vested in such an individual as is mentioned in paragraph 10(1)(c) or the condition in that paragraph becomes deemed to be fulfilled by virtue of paragraph 18(1) or paragraph 20 below,
whichever is the earlier; and
(c) any period of not more than two years beginning with the date on which the interest of the landlord under the tenancy becomes, and during which it remains, vested—
(i) in trustees as such; or
(ii) by virtue of section 9 of the Administration of Estates Act 1925, in the Probate Judge or the Public trustee.
(2) Where the interest of the landlord under a tenancy becomes vested at law and in equity in two or more persons jointly, of whom at least one was an individual, sub-paragraph (1) above shall have effect subject to the following modifications—
(a) in paragraph (a) for the words from “an individual” to “occupy” there shall be substituted “the joint landlords if, during that period none of them occupies”; and
(b) in paragraph (b) for the words “the individual concerned” there shall be substituted “any of the joint landlords who is an individual” and for the words “that individual” there shall be substituted “the joint landlords”.
18 (1) During any period when—
(a) the interest of the landlord under the tenancy referred to in paragraph 10 above is vested in trustees as such, and
(b) that interest is . . . held on trust for any person who or for two or more persons of whom at least one occupies as his only or principal home a dwelling-house which forms part of the building or, as the case may be, flat referred to in paragraph 10(1)(a),
the condition in paragraph 10(1)(c) shall be deemed to be fulfilled and accordingly, no part of that period shall be disregarded by virtue of paragraph 17 above.
(2) If a period during which the condition in paragraph 10(1)(c) is deemed to be fulfilled by virtue of sub-paragraph (1) above comes to an end on the death of a person who was in occupation of a dwelling-house as mentioned in paragraph (b) of that sub-paragraph, then, in determining whether that condition is at any time thereafter fulfilled, there shall be disregarded any period—
(a) which begins on the date of the death;
(b) during which the interest of the landlord remains vested as mentioned in sub-paragraph (1)(a) above; and
(c) which ends at the expiry of the period of two years beginning on the date of the death or on any earlier date on which the condition in paragraph 10(1)(c) becomes again deemed to be fulfilled by virtue of sub-paragraph (1) above.
19 In any case where—
(a) immediately before a tenancy comes to an end the condition in paragraph 10(1)(c) is deemed to be fulfilled by virtue of paragraph 18(1) above, and
(b) on the coming to an end of that tenancy the trustees in whom the interest of the landlord is vested grant a new tenancy of the same or substantially the same dwelling-house to a person (alone or jointly with others) who was the tenant or one of the tenants under the previous tenancy,
the condition in paragraph 10(1)(b) above shall be deemed to be fulfilled with respect to the new tenancy.
20 (1) The tenancy referred to in paragraph 10 above falls within this paragraph if the interest of the landlord under the tenancy becomes vested in the personal representatives of a deceased person acting in that capacity.
(2) If the tenancy falls within this paragraph, the condition in paragraph 10(1)(c) shall be deemed to be fulfilled for any period, beginning with the date on which the interest becomes vested in the personal representatives and not exceeding two years, during which the interest of the landlord remains so vested.
21 Throughout any period which, by virtue of paragraph 17 or paragraph 18(2) above, falls to be disregarded for the purpose of determining whether the condition in paragraph 10(1)(c) is fulfilled with respect to a tenancy, no order shall be made for possession of the dwelling-house subject to that tenancy, other than an order which might be made if that tenancy were or, as the case may be, had been an assured tenancy.
22 For the purposes of paragraph 10 above, a building is a purpose-built block of flats if as constructed it contained, and it contains, two or more flats; and for this purpose “flat” means a dwelling-house which—
(a) forms part only of a building; and
(b) is separated horizontally from another dwelling-house which forms part of the same building.
SCHEDULE 2 Grounds for Possession of Dwelling-houses let on Assured Tenancies
Section 7.
Part I Grounds on which Court must order possession
Ground 1
Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)—
(a) at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as his only or principal home; or
(b) the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as his, his spouse’s or his civil partner's only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money’s worth.
The current tenancy began at least 1 year before the relevant date and the landlord who is seeking possession requires the dwelling-house as the only or principal home of any of the following—
the landlord;
the landlord’s spouse or civil partner or a person with whom the landlord lives as if they were married or in a civil partnership;
the landlord’s—
parent;
grandparent;
sibling;
child;
grandchild;
a child or grandchild of a person mentioned in paragraph (b).
In the case of joint landlords seeking possession, references to “the landlord” in this ground are to be read as references to at least one of those joint landlords.
When calculating whether the current tenancy began at least 1 year before the relevant date, both—
the day when the current tenancy began, and
the relevant date,
must be included in the calculation.
Ground 1A
The following conditions are met—
the landlord who is seeking possession intends to sell a freehold or leasehold interest in the dwelling-house or to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord;
the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976;
either—
the current tenancy began at least 1 year before the relevant date, or
at the relevant date, notice of a compulsory acquisition in relation to the dwelling-house has been given, the landlord intends to sell their interest in the dwelling-house to the acquiring authority and the acquiring authority intends to acquire it;
the landlord seeking possession is not—
a non-profit registered provider of social housing,
a body registered as a social landlord in the register maintained under section 1 of the Housing Act 1996,
a body registered as a social landlord in the register kept under section 20(1) of the Housing (Scotland) Act 2010,
a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, or
where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing.
In paragraph (c)(ii), “sell” includes transfer.
When calculating whether the current tenancy began at least 1 year before the relevant date, both—
the day when the current tenancy began, and
the relevant date,
must be included in the calculation.
Ground 1B
The following conditions are met—
the landlord who is seeking possession intends—
to sell a freehold or leasehold interest in the dwelling-house,
to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord, or
to grant an assured tenancy to another person;
the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976;
the landlord who is seeking possession is a private registered provider of social housing;
the assured tenancy was entered into pursuant to a rent-to-buy agreement;
the period stated in that agreement has expired;
the landlord who is seeking possession has complied with—
any provision of the rent-to-buy agreement requiring the landlord to offer the dwelling-house for sale to the tenant, and
any requirements in the agreement about such an offer.
In this ground—
“rent-to-buy agreement” means an agreement in writing which—
provides for the tenant to pay rent that is no higher than 80% of market rent (and here “rent” and “market rent” include any amount payable by way of service charge), and
gives notice that the landlord intends after a period stated in the agreement which is not less than 5 years or, for dwelling-houses in Greater London, 10 years from the beginning of the tenancy to offer the dwelling-house for sale to the tenant.
Ground 2
The dwelling-house is subject to a mortgage granted before the beginning of the tenancy and—
(a) the mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by section 101 of the Law of Property Act 1925; and
(b) the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power; and
(c) either notice was given as mentioned in Ground 1 above or the court is satisfied that it is just and equitable to dispense with the requirement of notice;
and for the purposes of this ground “mortgage” includes a charge and “mortgagee” shall be construed accordingly.
Ground 2ZA
The landlord who is seeking possession—
holds the interest in the dwelling-house under a superior tenancy where—
the superior landlord has given a valid notice to terminate that tenancy as a result of which the superior tenancy will end within the period of 12 months beginning with the relevant date, or
the superior tenancy is a fixed term tenancy of a term certain which will expire (if the tenancy does not come to an end earlier) within the period of 12 months beginning with the relevant date, and
is, or, in the case of joint landlords seeking possession, at least one of them is—
a private registered provider of social housing,
a tenant of the superior landlord under a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy to which that Act applies, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995,
a person who held the dwelling-house for the purpose of making it available for occupation as supported accommodation, or
a company of which a local authority owns at least 50% of the issued share capital.
Ground 2ZB
The landlord who is seeking possession holds the interest in the dwelling-house under a superior tenancy which is a fixed term tenancy of a term certain of more than 21 years and—
the fixed term will expire (if the tenancy does not come to an end earlier) within the period of 12 months beginning with the relevant date, or
if the superior tenancy has continued following the expiry of the fixed term, any party to the superior tenancy has served a valid notice to terminate that tenancy as a result of which the superior tenancy will end within the period of 12 months beginning with the relevant date.
Ground 2ZC
The landlord who is seeking possession became the landlord by virtue of section 18 no more than 6 months before the date on which the possession proceedings were commenced, and the previous landlord under the assured tenancy was, or, in the case of previous joint landlords, at least one them was—
a private registered provider of social housing,
a tenant of the superior landlord under a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy to which that Act applies, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995,
a person who held the dwelling-house for the purpose of making it available for occupation as supported accommodation, or
a company of which a local authority owns at least 50% of the issued share capital.
Ground 2ZD
The landlord who is seeking possession became the landlord by virtue of section 18, no more than 6 months before the date on which the possession proceedings were commenced, as a result of a superior tenancy which was a fixed term tenancy of a term certain of more than 21 years coming to an end—
on the expiry of the fixed term,
within the period of 12 months ending with the date on which the fixed term would have expired if the tenancy had not come to an end, or
after the expiry of the fixed term, as a result of a valid notice to terminate the tenancy.
Ground 3
The tenancy is a fixed term tenancy for a term not exceeding eight months and—
(a) not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and
(b) at some time within the period of twelve months ending with the beginning of the tenancy, the dwelling-house was occupied under a right to occupy it for a holiday.
Ground 4
The tenancy is a fixed term tenancy for a term not exceeding twelve months and—
(a) not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and
(b) at some time within the period of twelve months ending with the beginning of the tenancy, the dwelling-house was let on a tenancy falling within paragraph 8 of Schedule 1 to this Act and—
(c) if the tenancy arose by succession as mentioned in section 39(5), notice was given to the previous tenant under Case 14 of Schedule 15 to the Rent Act 1977, and
(d) the tenancy is not an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3.
Ground 4A
The following conditions are met—
the dwelling-house is in an HMO or is an HMO,
the tenant meets the student test when the tenancy is entered into,
the landlord or, in the case of joint landlords, at least one of them, gives the tenant, before the tenancy is entered into, a written statement of the landlord’s wish to be able to recover possession on the basis that—
the tenant meets the student test when the tenancy is entered into, and
the landlord intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into,
the period—
beginning with the day on which the tenancy was entered into, and
ending with the day on which the tenant was entitled to possession of the dwelling-house,
is six months or less,
the relevant date falls within the period beginning with 1 June and ending with 30 September in any year, and
the landlord seeking possession intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into.
For the purposes of the conditions in paragraphs (b), (c) and (f), a tenant meets the student test when a tenancy is entered into if—
the tenant is a full-time student at that time, or
at that time, the landlord reasonably believes that the tenant would become a full-time student during the tenancy.
But, in a case where two or more persons are or would be the tenant, the tenant does not meet the student test unless all of those persons meet that test.
In this ground, “full-time student” means a person receiving education provided by means of a full-time course—
of any description mentioned in Schedule 6 to the Education Reform Act 1988 provided by an institution in England or Wales;
of any description mentioned in section 38(2) of the Further and Higher Education (Scotland) Act 1992 provided by an institution in Scotland;
of any description mentioned in Schedule 1 to the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)) provided by an institution in Northern Ireland.
In a case where, because of paragraph 8(7) of Schedule 1 to the 1988 Act, a tenancy becomes an assured tenancy, the condition in paragraph (c) of the first paragraph of this ground is met if the written statement referred to there is given within the period of 28 days beginning with the date on which the tenancy becomes an assured tenancy.
Ground 5
The dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office and—
(a) not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and
(b) the court is satisfied that the dwelling-house is required for occupation by a minister of religion as such a residence.
(c) if the tenancy arose by succession as mentioned in section 39(5), notice was given to the previous tenant under Case 15 of Schedule 15 to the Rent Act 1977, and
(d) the tenancy is not an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3.
Ground 5A
The landlord seeking possession requires the dwelling-house for the purpose of housing a qualifying agricultural worker.
For the purpose of this ground a person is a “qualifying agricultural worker” in case A or B.
Case A is where—
the person will be employed in agriculture as a seasonal or permanent employee under a contract of employment, and
the employer under that contract is—
the landlord, or
in the case of joint landlords seeking possession, at least one of those landlords.
Case B is where—
the person will be—
employed in agriculture under a contract of employment, but the employer under that contract is not the landlord or, in the case of joint landlords, any of those landlords, or
working in agriculture under a contract that is not a contract of employment, whether the contract is express or implied and (if express) whether oral or in writing,
the person will be employed or working in agriculture under that contract wholly or mainly for—
the landlord, or
in the case of joint landlords seeking possession, at least one of the landlords, and
the relevant landlord intends that employment or work to continue for at least six months after the relevant date;
and here “relevant landlord” means the landlord, or whichever of the joint landlords, the person will be wholly or mainly working for.
In this ground—
“agriculture” has the same meaning as in the Rent (Agriculture) Act 1976 (see section 1 of that Act);
“contract of employment” has the meaning given by section 230(2) of the Employment Rights Act 1996.
Ground 5B
The landlord seeking possession—
is a private registered provider of social housing,
holds the dwelling-house for the purpose of accommodating persons who meet requirements connected with their employment, and
requires the dwelling-house to let it under a new tenancy to a person who meets those requirements,
and the tenant in possession does not fulfil those requirements.
Ground 5C
The dwelling-house was let to the tenant in consequence of the tenant’s employment—
by the landlord seeking possession,
in the case of joint landlords seeking possession, by at least one of them,
by a previous landlord under the tenancy, or
pursuant to an agreement between any of those landlords and the employer,
and either—
the tenant has ceased to be in that employment, or
the tenancy was granted for the purpose of providing the tenant with accommodation during the early period of their employment, that purpose has been fulfilled and the landlord seeking possession intends to let the dwelling-house to another current or future employee of the employer.
For the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, or by a Local Health Board, shall be regarded as employment by the Secretary of State.
This ground also applies to the letting of a dwelling-house to a tenant in consequence of the tenant’s service in the office of constable, but with the following modifications.
“Employment” means service in the office of constable.
In the first paragraph of this ground, in paragraph (d), “the employer” means any of the following persons—
the chief officer of a police force;
a policing body;
in relation to a constable’s service under the direction and control of a person who is not a constable (the “senior person”)—
the senior person, or
a person or body with the function of maintaining or securing the maintenance of the body of which the senior person is a member.
The first paragraph of this ground has effect as if the following were substituted for the second paragraph (b)—
the tenancy was granted for a particular purpose relating to the tenant’s service as a constable and—
that purpose has been fulfilled, or
the tenancy is no longer required for that purpose.
In those modifications—
“service in the office of a constable” includes a constable’s service under the direction and control of a person who is not a constable;
“chief officer of a police force” means—
a chief officer of police (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act),
the chief constable of the Ministry of Defence Police,
the chief constable of the British Transport Police,
the chief constable of the Civil Nuclear Constabulary,
the chief constable of the Police Service of Scotland, or
the chief constable of the Police Service of Northern Ireland;
“policing body” means—
a local policing body (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act),
the Secretary of State in relation to the Ministry of Defence Police,
the British Transport Police Authority,
the Civil Nuclear Police Authority,
the Scottish Police Authority, or
the Northern Ireland Policing Board.
Ground 5D
The landlord seeking possession is a private registered provider of social housing, the tenancy agreement includes a requirement connected with the tenant’s employment and the tenant no longer fulfils that requirement.
Ground 5E
The landlord seeking possession requires possession of the dwelling-house to let it as supported accommodation where—
the landlord holds the dwelling-house for the purpose of making it available for occupation as supported accommodation, and
the tenant did not enter the assured tenancy for the purpose of receiving care, support or supervision.
Ground 5F
The dwelling-house was supported accommodation when the tenancy was granted and any of the following applies—
the tenancy was granted for the purpose of providing the tenant with support services for a limited time in order to enable the tenant to be able to live in other accommodation in the future and the period for which those support services were to be provided has ended;
a person other than the landlord provides or provided support services to the tenant, but—
the support services have come to an end or the person is not fulfilling their obligations under the arrangements for the provision of those services, and
where the dwelling-house is not managed accommodation, the landlord has used reasonable endeavours to find another person to provide support services to the tenant but has not been able to do so;
where the accommodation or support services were funded wholly or partly by someone other than the landlord or the tenant—
that funding is no longer being provided,
where the dwelling-house is not managed accommodation, the landlord used reasonable endeavours to identify alternative funding before the relevant date but was not able to do so, and
it would not be reasonable for the landlord to continue to provide accommodation or for the person who provided support services to continue that provision in the circumstances;
the financial viability of the landlord or of supported accommodation or support services the landlord provides to others would, in the landlord’s reasonable opinion, be threatened if the landlord were to continue to provide or fund a supported accommodation project of which the tenant’s dwelling-house forms part and the landlord used reasonable endeavours to identify alternative funding for the project before the relevant date but was not able to do so;
the tenant does not need the level of support services that are provided;
the tenant does not need any support services;
the support services that are provided do not meet the tenant’s needs;
the dwelling-house has physical features intended to enable persons with needs for particular support services to live more independently than they could do so without those features and those physical features are not needed by the tenant;
the dwelling-house is physically unsuitable for a person with the tenant’s needs for support services to live in.
In paragraph (d), “supported accommodation project” means—
supported accommodation consisting of two or more dwelling-houses in the same building as, or otherwise nearby, each other,
supported accommodation consisting of two or more dwelling-houses occupied by tenants who receive support services of a similar kind, or
support services of a similar kind provided to tenants of two or more dwelling-houses that are supported accommodation.
In this ground, references to the “landlord” are to the landlord who is seeking possession.
Ground 5G
The tenant’s occupation of the dwelling-house was (at any time during the period of occupation) in pursuance of a local housing authority’s duty to the tenant under section 193 of the Housing Act 1996 and—
the local housing authority has notified the landlord that the tenancy is not required for the purposes of that duty, and
the relevant date is no more than 12 months after the date on which the local housing authority notified the landlord as mentioned in paragraph (a).
In this ground “local housing authority” means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly.
Ground 5H
The landlord seeking possession is a registered provider of social housing or a charity and—
the tenancy was granted because the tenant met one or more eligibility conditions,
a written tenancy agreement set out the eligibility condition (the “specified condition”) or the eligibility conditions (the “specified conditions”) that the tenant met,
either—
the tenant no longer meets the specified condition or specified conditions, or
the tenancy was granted in order to provide accommodation for a limited period to help the tenant transition to living independently and that period has come to an end,
the rent is no higher than 80% of market rent (and here “rent” and “market rent” include any amount payable by way of service charge), and
the tenancy was not granted—
pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996,
as a tenancy of supported accommodation, or
in pursuance of a local housing authority’s duty under section 193 of the Housing Act 1996.
Each of the following is an “eligibility condition” for the purposes of this ground—
the tenant is in work, or work of a description specified in the condition, for which the tenant is paid;
the tenant is actively seeking work, or work of a description specified in the condition, for which the tenant would be paid;
the tenant is—
of a particular age, or
within a particular range of ages,
specified in the condition.
For the purposes of paragraph (a) or (b) of the definition of “eligibility condition”, a description of work may (in particular) be expressed by reference to—
work for a particular employer or description of employer or work at a particular place of work or description of place of work;
the amount which the tenant is paid for the work;
the duration or expected duration of the contract or other arrangement under which the work is done.
In this ground a reference—
to work includes self-employment;
to seeking work includes seeking to become self-employed.
The question of whether the tenant no longer meets the specified condition or specified conditions is to be determined for the purposes of this ground in accordance with the terms of the tenancy agreement.
But if—
the terms of the tenancy agreement do not make any provision about that question,
there are two or more specified conditions, and
the tenant no longer meets one or more of those conditions,
the tenant no longer meets the specified conditions for the purposes of this ground.
The Secretary of State may by regulations (“eligibility condition regulations”) make provision (including provision amending this ground)—
to add, vary or remove any eligibility condition;
about the meaning of any eligibility condition.
Eligibility condition regulations may make different provision for different purposes.
A statutory instrument containing eligibility condition regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Ground 6
The landlord who is seeking possession or, if that landlord is a non-profit registered provider of social housing, registered social landlord or charitable housing trust, or (where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008) a profit-making registered provider of social housing, a superior landlord intends to demolish or reconstruct the whole or a substantial part of the dwelling-house or to carry out substantial works on the dwelling-house or any part thereof or any building of which it forms part and the following conditions are fulfilled—
(a) the intended work cannot reasonably be carried out without the tenant giving up possession of the dwelling-house because—
(i) the tenant is not willing to agree to such a variation of the terms of the tenancy as would give such access and other facilities as would permit the intended work to be carried out, or
(ii) the nature of the intended work is such that no such variation is practicable, or
(iii) the tenant is not willing to accept an assured tenancy of such part only of the dwelling-house (in this sub-paragraph referred to as “the reduced part”) as would leave in the possession of his landlord so much of the dwelling-house as would be reasonable to enable the intended work to be carried out and, where appropriate, as would give such access and other facilities over the reduced part as would permit the intended work to be carried out, or
(iv) the nature of the intended work is such that such a tenancy is not practicable; and
(b) either the landlord seeking possession acquired his interest in the dwelling-house before the grant of the tenancy or that interest was in existence at the time of that grant and neither that landlord (or, in the case of joint landlords, any of them) nor any other person who, alone or jointly with others, has acquired that interest since that time acquired it for money or money’s worth; and
(c) the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977, as amended by Part I of Schedule 4 to this Act or, as the case may be, section 4 of the Rent (Agriculture) Act 1976, as amended by Part II of that Schedule.
For the purposes of this ground, if, immediately before the grant of the tenancy, the tenant to whom it was granted or, if it was granted to joint tenants, any of them was the tenant or one of the joint tenants of the dwelling-house concerned under an earlier assured tenancy or, as the case may be, under a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applied, any reference in paragraph (b) above to the grant of the tenancy is a reference to the grant of that earlier assured tenancy or, as the case may be, to the grant of the tenancy to which the said Schedule 10 applied.
For the purposes of this ground “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act) and “charitable housing trust” means a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, ....
. . .
These conditions are met—
the general redevelopment conditions (in every case);
the landlord’s acquisition condition, but only in a case where section 7(5ZA) applies in relation to the tenancy;
the additional RSL condition, but only in a case where the landlord seeking possession is—
a relevant social landlord, and
the person who intends to carry out the work mentioned in this ground.
The “general redevelopment conditions” are met if—
the landlord seeking possession is mentioned in the first column in a row of the table in this ground;
the tenancy is mentioned in the second column of that row;
a person mentioned in the third column of that row intends to—
demolish or reconstruct the whole or a substantial part of the dwelling-house, or
carry out substantial works on the dwelling-house or any part of it, or any building of which it forms part;
the intended work cannot reasonably be carried out without the tenant giving up possession of the dwelling-house because—
the tenant is not willing to agree to such a variation of the terms of the tenancy as would give such access and other facilities as would permit the intended work to be carried out,
the nature of the intended work is such that no such variation is practicable,
the tenant is not willing to accept an assured tenancy of such part only of the dwelling-house (in this sub-paragraph referred to as “the reduced part”) as would leave in the possession of the landlord so much of the dwelling-house as would be reasonable to enable the intended work to be carried out and, where appropriate, as would give such access and other facilities over the reduced part as would permit the intended work to be carried out, or
the nature of the intended work is such that such a tenancy is not practicable;
either —
the assured tenancy began at least 6 months before the relevant date, or
notice of a compulsory acquisition was given in respect of the dwelling-house where—
the acquiring authority was the person who became the landlord who is seeking possession, and
the dwelling-house was transferred to that landlord within the period of 12 months ending with the relevant date;
the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977, as amended by Part 1 of Schedule 4 to this Act or, as the case may be, section 4 of the Rent (Agriculture) Act 1976, as amended by Part 2 of that Schedule.
The “landlord’s acquisition condition” is met if—
the landlord seeking possession acquired their interest in the dwelling-house before the grant of the tenancy, or
that interest was in existence at the time of that grant and neither that landlord (or, in the case of joint landlords, any of them) nor any other person who, alone or jointly with others, has acquired that interest since that time acquired it for money or money’s worth.
The “additional RSL condition” is met in case A, case B or case C.
Case A: a case where alternative accommodation that meets the following conditions is available for the tenant or will be available for the tenant when the order for possession takes effect—
it is let as a separate dwelling with adequate security of tenure;
it is affordable;
it is in an appropriate location;
it is not overcrowded.
Case B: a case where alternative accommodation that meets the following conditions is available for the tenant or will be available for the tenant when the order for possession takes effect—
it is being provided temporarily until other alternative accommodation becomes available which will meet the conditions in case A;
it is affordable;
it is in an appropriate location;
it is not overcrowded.
Case C: a case where—
the tenancy of the dwelling-house was not granted pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996,
when the tenancy was granted, the landlord intended to—
demolish or reconstruct the whole or a substantial part of the dwelling-house, or
carry out substantial works on the dwelling-house or any part of it, or any building of which it forms part,
within a specific period, and
the relevant social landlord gave the tenant, before the tenancy was entered into, a written statement of the landlord’s wish to be able to recover possession on the basis of that intention to carry out that work within that period (and that period must be included in the statement).
For the purpose of the additional RSL condition, accommodation—
is let “with adequate security of tenure” if it is let—
on an assured tenancy, or
on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by an assured tenancy;
is “affordable” if it is—
no more expensive than the dwelling-house of which possession is being sought, or
reasonably suitable to the means of the tenant;
is “in an appropriate location” if it is—
reasonably close to the dwelling-house of which possession is being sought, or
reasonably suitable to the needs of the tenant and the tenant’s family as regards proximity to place of work;
is “overcrowded” if the result of the occupation of the accommodation by the tenant and the tenant’s family would be that it would be an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985.
Table
Landlord seeking possession | Tenancy | Landlord intending to redevelop
a relevant social landlord | any tenancy | the landlord who is seeking possession a superior landlord
the unit-holder of a commonhold unit in relation to which a commonhold association exercises functions | a tenancy of a dwelling-house which is contained in or comprises the commonhold unit | the landlord who is seeking possession the commonhold association
any landlord other than a relevant social landlord or a unit-holder of a commonhold unit in relation to which a commonhold association exercises functions | any tenancy | the landlord who is seeking possession
In this ground—
“commonhold association”, “commonhold unit” and “unit-holder” have the meanings given by Part 1 of the Commonhold and Leasehold Reform Act 2002 (see sections 11 to 13 and 34 of that Act);
“relevant social landlord” means—
a non-profit registered provider of social housing,
a body registered as a social landlord in the register maintained under section 1 of the Housing Act 1996,
a body registered as a social landlord in the register kept under section 20(1) of the Housing (Scotland) Act 2010,
a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, or
where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing.
Ground 6A
These conditions are met—
the landlord seeking possession (the “current landlord”) is a relevant social landlord;
the dwelling-house (the “current home”) was made available for occupation by the tenant, or a predecessor in title of the tenant, to enable redevelopment of another dwelling-house (the “previous home”) which—
was the only or principal home of the tenant or predecessor in title, and
was occupied by the tenant or predecessor in title under a tenancy (the “previous tenancy”) of which the landlord was—
a relevant social landlord, or
a registered provider of social housing other than a private registered provider of social housing;
alternative accommodation that—
consists of the previous home and is affordable, or
consists of other premises and is affordable, in an appropriate location and not overcrowded,
is available for the tenant or will be available for the tenant when the order for possession takes effect;
that alternative accommodation is to be let as a separate dwelling with adequate security of tenure.
For the purpose of this ground, accommodation—
is let “with adequate security of tenure” if it is let—
on an assured tenancy, or
on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by an assured tenancy;
is “affordable” if it—
is no more expensive than the previous home, making these assumptions—
that the redevelopment of the previous home has not taken place, and
that the tenant, or predecessor in title, has continued to be the tenant of the previous home under the previous tenancy, or
is reasonably suitable to the means of the tenant;
is “in an appropriate location” if it is—
reasonably close to the previous home, or
reasonably suitable to the needs of the tenant and the tenant’s family as regards proximity to place of work;
is “overcrowded” if the result of the occupation of the accommodation by the tenant and the tenant’s family would be that it would be an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985.
In this Ground—
“redevelopment”, in relation to the dwelling-house that is the previous home, means—
demolishing or reconstructing the whole or a substantial part of the dwelling-house, or
carrying out substantial works on the dwelling-house or any part of it, or any building of which it forms part;
“relevant social landlord” has the same meaning as in Ground 6.
Ground 6B
Any of the following applies—
letting the dwelling-house causes the landlord to breach a banning order under section 16 of the Housing and Planning Act 2016, or would do so if the landlord were to continue to let the dwelling-house;
an improvement notice under section 11 or 12 of the Housing Act 2004—
specifies the dwelling-house or premises in which the dwelling-house is contained as requiring remedial action, and
specifies overcrowding as the deficiency giving rise to the hazard in respect of which that remedial action is to be taken;
a prohibition order under section 20 or 21 of the Housing Act 2004 prohibits use of—
the dwelling-house,
the common parts, or
any part of the dwelling-house or of the common parts,
either for all purposes or for any purpose that is incompatible with continued occupation by the tenant;
the dwelling-house is or is in an HMO which is required to be licensed under section 61 of the Housing Act 2004, and—
the landlord applied for a licence under section 63 of the Housing Act 2004 and the local housing authority refused to grant a licence, or
the landlord held a licence but the licence has been revoked;
the dwelling-house is or is in a house which is required to be licensed under section 85 of the Housing Act 2004, and—
the landlord applied for a licence under section 87 of the Housing Act 2004 and the local housing authority refused to grant a licence, or
the landlord held a licence but the licence has been revoked;
the dwelling-house is or is in an HMO which is licensed under Part 2 of the Housing Act 2004 or a house which is licensed under Part 3 of that Act and that HMO or house is occupied by more than the maximum number of households or persons specified in the licence;
compliance with a planning enforcement notice or injunction would be, or is, incompatible with continued occupation of the dwelling-house by the tenant.
In this ground—
“common parts” has the same meaning as in Ground 13;
“house” has the same meaning as in Part 3 of the Housing Act 2004 (see section 99 of that Act);
references to the “landlord” are to the landlord who is seeking possession or, in the case of joint landlords seeking possession, to at least one of them;
“planning enforcement notice or injunction” means—
an enforcement notice issued under section 172 or 182 of the TCPA 1990 that has taken effect,
a breach of condition notice served under section 187A of the TCPA 1990,
an injunction granted under section 187B of the TCPA 1990,
a listed building enforcement notice issued under section 38, 45 or 46 of the P(LBCA)A 1990 that has taken effect, or
an injunction granted under section 44A of the P(LBCA)A 1990;
“P(LBCA)A 1990” means the Planning (Listed Building and Conservation Areas) Act 1990;
“TCPA 1990” means the Town and Country Planning Act 1990;
“the local housing authority” has the meaning given in section 261 of the Housing Act 2004.
Ground 7
The tenancy is a periodic tenancy (including a statutory periodic tenancy), or a fixed term tenancy of a dwelling-house in England, which has devolved The tenancy has devolved on a person (the “new tenant”) under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant or, if the court so directs, after the date on which, in the opinion of the court, the landlord or, in the case of joint landlords, any one of them became aware of the former tenant’s death.
But, if the new tenant is occupying the dwelling-house as the new tenant’s only or principal home immediately before the death of the former tenant, an order for possession on this Ground may not be made unless—
the tenancy has previously devolved on the former tenant under a will or intestacy (whenever that devolution occurred), or
the tenancy is a special tenancy immediately before the death of the former tenant.
In this Ground “special tenancy” means—
a tenancy of social housing (within the meaning given by Part 2 of the Housing and Regeneration Act 2008) where the landlord is a private registered provider of social housing;
a tenancy entered into pursuant to a rent-to-buy agreement (which has the same meaning as in Ground 1B) where the landlord is a private registered provider of social housing;
a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2;
a tenancy where the former tenant’s occupation of the dwelling-house is in pursuance of a local housing authority’s duty to the tenant under section 193 of the Housing Act 1996 (and here “local housing authority” has the same meaning as in Ground 5G);
a tenancy which meets the conditions in paragraphs (a), (b), (d) and (e) in the first paragraph of Ground 5H.
For the purposes of this ground, the acceptance by the landlord of rent from a new tenant after the death of the former tenant shall not be regarded as creating a new ... tenancy, unless the landlord agrees in writing to a change (as compared with the tenancy before the death) in the amount of the rent, the period or length of termof the tenancy, the premises which are let or any other term of the tenancy.
This ground does not apply to a fixed term tenancy that is a lease of a dwelling-house—
(a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or
(b) under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.
Ground 7A
Any of the following conditions is met.
Condition 1 is that—
(a) the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence, and
(b) the serious offence—
(i) was committed (wholly or partly) in, or in the locality of, the dwelling-house,
(ii) was committed elsewhere against a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
(iii) was committed elsewhere against the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and directly or indirectly related to or affected those functions.
Condition 2 is that a court has found in relevant proceedings that the tenant, or a person residing in or visiting the dwelling-house, has breached a provision of an injunction under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 or a respect order, other than a provision requiring a person to participate in a particular activity, and—
(a) the breach occurred in, or in the locality of, the dwelling-house, or
(b) the breach occurred elsewhere and the provision breached was a provision intended to prevent—
(i) conduct that is capable of causing nuisance or annoyance to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
(ii) conduct that is capable of causing nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.
Condition 3 is that the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under section 30 of the Anti-social Behaviour, Crime and Policing Act 2014 or section 339 of the Sentencing Code consisting of a breach of a provision of a criminal behaviour order prohibiting a person from doing anything described in the order, and the offence involved—
(a) a breach that occurred in, or in the locality of, the dwelling-house, or
(b) a breach that occurred elsewhere of a provision intended to prevent—
(i) behaviour that causes or is likely to cause harassment, alarm or distress to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
(ii) behaviour that causes or is likely to cause harassment, alarm or distress to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.
Condition 4 is that—
(a) the dwelling-house is or has been subject to a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, and
(b) access to the dwelling-house has been prohibited (under the closure order or under a closure notice issued under section 76 of that Act) for a continuous period of more than 48 hours.
Condition 5 is that—
(a) the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under—
(i) section 80(4) of the Environmental Protection Act 1990 (breach of abatement notice in relation to statutory nuisance), or
(ii) section 82(8) of that Act (breach of court order to abate statutory nuisance etc.), and
(b) the nuisance concerned was noise emitted from the dwelling-house which was a statutory nuisance for the purposes of Part 3 of that Act by virtue of section 79(1)(g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance).
Condition 1, 2, 3, 4 or 5 is not met if—
(a) there is an appeal against the conviction, finding or order concerned which has not been finally determined, abandoned or withdrawn, or
(b) the final determination of the appeal results in the conviction, finding or order being overturned.
In this ground—
“relevant proceedings” means—
proceedings for an offence under section I1 of the Anti-social Behaviour, Crime and Policing Act 2014,
proceedings under Schedule 2 to that Act, or
proceedings for contempt of court;
“respect order” means an order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014;
“serious offence” means an offence which—
was committed on or after the day on which this ground comes into force,
is specified, or falls within a description specified, in Schedule 2A to the Housing Act 1985 at the time the offence was committed and at the time the court is considering the matter, and
is not an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either-way offences where value involved is small).
Ground 7B
Both of the following conditions are met in relation to a dwelling-house in England.
Condition 1 is that the Secretary of State has given a notice in writing to the landlord or, in the case of joint landlords, one or more of them which identifies—
(a) the tenant or, in the case of joint tenants, one or more of them, or
(b) one or more other persons aged 18 or over who are occupying the dwelling-house,
as a person or persons disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy.
Condition 2 is that the person or persons named in the notice—
(a) fall within paragraph (a) or (b) of condition 1, and
(b) are disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy.
For the purposes of this ground a person (“P”) is disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy if—
(a) P is not a relevant national, and
(b) P does not have a right to rent in relation to the dwelling-house.
P does not have a right to rent in relation to the dwelling-house if—
(a) P requires leave to enter or remain in the United Kingdom but does not have it, or
(b) P's leave to enter or remain in the United Kingdom is subject to a condition preventing P from occupying the dwelling-house.
But P is to be treated as having a right to rent in relation to a dwelling-house if the Secretary of State has granted P permission for the purposes of this ground to occupy a dwelling-house under an assured tenancy.
In this ground “relevant national” means—
(a) a British citizen,
(aa) an Irish citizen, or
(ab) a person who is not an Irish citizen and who has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020.
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ground 8
Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—
(a) if rent is payable weekly or fortnightly, at least eight thirteen weeks’ rent is unpaid;
(b) if rent is payable monthly, at least two three months’ rent is unpaid;
(c) if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and
(d) if rent is payable yearly, at least three months’ rent is more than three months in arrears;
and for the purpose of this ground “rent” means rent lawfully due from the tenant.
When calculating how much rent is unpaid for the purpose of this ground, if the tenant is entitled to receive an amount for housing as part of an award of universal credit under Part 1 of the Welfare Reform Act 2012, any amount that was unpaid only because the tenant had not yet received the payment of that award is to be ignored.
Part II Grounds on which Court may Order Possession
Ground 9
Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.
Ground 10
Some rent lawfully due from the tenant—
(a) is unpaid on the date on which the proceedings for possession are begun; and
(b) except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.
Ground 11
Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.
Ground 12
Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.
Ground 13
The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any other person residing in the dwelling-house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.
For the purposes of this ground, “common parts” means any part of a building comprising the dwelling-house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling-houses in which the landlord has an estate or interest.
Ground 14
The tenant or a person residing in or visiting the dwelling-house—
(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality,
(aa) has been guilty of conduct causing or likely to cause a nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions, or
(b) has been convicted of—
(i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
(ii) an indictable offence committed in, or in the locality of, the dwelling-house.
Ground 14ZA
The tenant or an adult residing in the dwelling-house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom.
In this Ground—
“adult” means a person aged 18 or over;
“indictable offence” does not include an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either way offences where value involved is small);
“riot” is to be construed in accordance with section 1 of the Public Order Act 1986.
This Ground applies only in relation to dwelling-houses in England.
Ground 14A
The dwelling-house was occupied (whether alone or with others) by a married couple, a couple who are civil partners of each other... or a couple living together as if they were a married couple or civil partners and—
(a) one or both of the partners is a tenant of the dwelling-house,
(b) the landlord who is seeking possession is a non-profit registered provider of social housing, a registered social landlord or a charitable housing trust or, where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing,
(c) one partner has left the dwelling-house because of violence or threats of violence by the other towards—
(i) that partner, or
(ii) a member of the family of that partner who was residing with that partner immediately before the partner left, and
(d) the court is satisfied that the partner who has left is unlikely to return.
For the purposes of this ground “registered social landlord” and “member of the family” have the same meaning as in Part I of the Housing Act 1996 and “ charitable housing trust ” means a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity ....
Ground 15
The condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any other person residing in the dwelling-house and, in the case of ill-treatment by a person lodging with the tenant or by a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.
Ground 16 5C
The dwelling-house was let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment.
The dwelling-house was let to the tenant in consequence of the tenant’s employment—
by the landlord seeking possession,
in the case of joint landlords seeking possession, by at least one of them,
by a previous landlord under the tenancy, or
pursuant to an agreement between any of those landlords and the employer,
and either—
the tenant has ceased to be in that employment, or
the tenancy was granted for the purpose of providing the tenant with accommodation during the early period of their employment, that purpose has been fulfilled and the landlord seeking possession intends to let the dwelling-house to another current or future employee of the employer.
For the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, or by a Local Health Board, shall be regarded as employment by the Secretary of State.
This ground also applies to the letting of a dwelling-house to a tenant in consequence of the tenant’s service in the office of constable, but with the following modifications.
“Employment” means service in the office of constable.
In the first paragraph of this ground, in paragraph (d), “the employer” means any of the following persons—
the chief officer of a police force;
a policing body;
in relation to a constable’s service under the direction and control of a person who is not a constable (the “senior person”)—
the senior person, or
a person or body with the function of maintaining or securing the maintenance of the body of which the senior person is a member.
The first paragraph of this ground has effect as if the following were substituted for the second paragraph (b)—
the tenancy was granted for a particular purpose relating to the tenant’s service as a constable and—
that purpose has been fulfilled, or
the tenancy is no longer required for that purpose.
In those modifications—
“service in the office of a constable” includes a constable’s service under the direction and control of a person who is not a constable;
“chief officer of a police force” means—
a chief officer of police (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act),
the chief constable of the Ministry of Defence Police,
the chief constable of the British Transport Police,
the chief constable of the Civil Nuclear Constabulary,
the chief constable of the Police Service of Scotland, or
the chief constable of the Police Service of Northern Ireland;
“policing body” means—
a local policing body (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act),
the Secretary of State in relation to the Ministry of Defence Police,
the British Transport Police Authority,
the Civil Nuclear Police Authority,
the Scottish Police Authority, or
the Northern Ireland Policing Board.
Ground 17
The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by—
the tenant, or
a person acting at the tenant’s instigation.
Ground 18
The tenancy is of supported accommodation and the tenant has unreasonably refused to co-operate with the person providing support services with regard to those services.
Part III Suitable Alternative Accommodation
1 For the purposes of Ground 9 above, a certificate of the local housing authority for the district in which the dwelling-house in question is situated, certifying that the authority will provide suitable alternative accommodation for the tenant by a date specified in the certificate, shall be conclusive evidence that suitable alternative accommodation will be available for him by that date.
2 Where no such certificate as is mentioned in paragraph I above is produced to the court, accommodation shall be deemed to be suitable for the purposes of Ground 9 above if it consists of either—
(a) premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy, other than—
(i) a tenancy in respect of which notice is given not later than the beginning of the tenancy that possession might be recovered on any of Grounds 1 to 5 above, or
(ii) an assured shorthold tenancy, within the meaning of Chapter II of Part I of this Act, or
(b) premises to be let as a separate dwelling on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by Chapter I of Part I of this Act in the case of an assured tenancy of a kind mentioned in sub-paragraph (a) above,
and, in the opinion of the court, the accommodation fulfils the relevant conditions as defined in paragraph 3 below.
3 (1) For the purposes of paragraph 2 above, the relevant conditions are that the accommodation is reasonably suitable to the needs of the tenant and his family as regards proximity to place of work, and either—
(a) similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by any local housing authority for persons whose needs as regards extent are, in the opinion of the court, similar to those of the tenant and of his family; or
(b) reasonably suitable to the means of the tenant and to the needs of the tenant and his family as regards extent and character; and
that if any furniture was provided for use under the assured tenancy in question, furniture is provided for use in the accommodation which is either similar to that so provided or is reasonably suitable to the needs of the tenant and his family.
(2) For the purposes of sub-paragraph (1)(a) above, a certificate of a local housing authority stating—
(a) the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of such number as may be specified in the certificate, and
(b) the amount of the rent charged by the authority for dwelling-houses affording accommodation of that extent,
shall be conclusive evidence of the facts so stated.
4 Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of Part X of the Housing Act 1985.
5 Any document purporting to be a certificate of a local housing authority named therein issued for the purposes of this Part of this Schedule and to be signed by the proper officer of that authority shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof.
6 In this Part of this Schedule “local housing authority” and “district”, in relation to such an authority, have the same meaning as in the Housing Act 1985.
Part IV Notices Relating to Recovery of Possession
7 Any reference in Grounds I to 5 in Part I of this Schedule or in the following provisions of this Part to the landlord giving a notice in writing to the tenant is, in the case of joint landlords, a reference to at least one of the joint landlords giving such a notice.
8 (1) If, not later than the beginning of a tenancy (in this paragraph referred to as “the earlier tenancy”), the landlord gives such a notice in writing to the tenant as is mentioned in any of Grounds I to 5 in Part I of this Schedule, then, for the purposes of the ground in question and any further application of this paragraph, that notice shall also have effect as if it had been given immediately before the beginning of any later tenancy falling within sub-paragraph (2) below.
(2) Subject to sub-paragraph (3) below, sub-paragraph (1) above applies to a later tenancy—
(a) which takes effect immediately on the coming to an end of the earlier tenancy; and
(b) which is granted (or deemed to be granted) to the person who was the tenant under the earlier tenancy immediately before it came to an end; and
(c) which is of substantially the same dwelling-house as the earlier tenancy.
(3) Sub-paragraph (1) above does not apply in relation to a later tenancy if, not later than the beginning of the tenancy, the landlord gave notice in writing to the tenant that the tenancy is not one in respect of which possession can be recovered on the ground in question.
9 Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground I in Part I of this Schedule, the reference in paragraph (b) of that ground to the reversion on the tenancy is a reference to the reversion on the earlier tenancy and on any later tenancy falling within paragraph 8(2) above.
10 Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground 3 or Ground 4 in Part I of this Schedule, any second or subsequent tenancy in relation to which the notice has effect shall be treated for the purpose of that ground as beginning at the beginning of the tenancy in respect of which the notice was actually given.
11 Any reference in Grounds 1 to 5 in Part I of this Schedule to a notice being given not later than the beginning of the tenancy is a reference to its being given not later than the day on which the tenancy is entered into and, accordingly, section 45(2) of this Act shall not apply to any such reference.
Part 5 Interpretation
12 (1) In this Schedule—
“acquiring authority” means, where notice of a compulsory acquisition has been given, the person who would be authorised to make the compulsory acquisition if the order or legislation to which the notice relates were to become operative;
“HMO” has the same meaning as in Part 2 of the Housing Act 2004 (see section 77 of that Act);
“housing association” has the meaning given by section 1 of the Housing Associations Act 1985;
“managed accommodation” means supported accommodation into which a tenant has been admitted in order to meet a need for care, support or supervision, in a case in which that care, support or supervision is provided otherwise than by the landlord or a person acting on behalf of the landlord;
“relevant date”—
in Grounds 2ZA, 2ZB and 5F, means the date of service of the notice under section 8;
otherwise, means the date specified in the notice under section 8
but see sub-paragraph (2) where the court exercises the power conferred by section 8(1)(b);;
“support services” in relation to a tenant in supported accommodation, means care, support or supervision—
which is provided by the landlord or a person acting on behalf of the landlord, or
which the tenant was admitted into the accommodation for the purpose of receiving;
“supported accommodation” means a dwelling-house let—
by—
a housing association,
a private registered provider of social housing,
a registered charity, or
a voluntary organisation, and
to a tenant who receives care, support or supervision provided either—
by the landlord or a person acting on behalf of the landlord, or
by someone else, if the tenant has been admitted into the accommodation in order to meet a need for care, support or supervision.
(2) Where the court exercises the power conferred by section 8(1)(b) (power to dispense with notice under section 8) references in this Schedule to the relevant date are to be read as references to the date on which proceedings for possession began.
(3) For the purposes of this Schedule, each of the following constitutes giving notice of a compulsory acquisition—
(a) in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order—
(i) publication of the notice required by section 11 of, or (as the case may be) paragraph 2 of Schedule 1 to, the Acquisition of Land Act 1981, in accordance with that Act, or
(ii) service of the notice required by section 12 of, or (as the case may be) paragraph 3 of Schedule 1 to, that Act, in accordance with that Act;
(b) in the case of a compulsory acquisition which is to be authorised by any other order, publication or service of any notice that any provision of or made under any Act requires to be published or served in connection with that acquisition, in accordance with that Act;
(c) in the case of a compulsory acquisition which is to be authorised by a special enactment, publication or service of a notice that, in connection with that acquisition, is published or served in accordance with any Standing Order of either House of Parliament relating to private business.
(4) In sub-paragraph (3)—
“compulsory purchase order” means a compulsory purchase order within the meaning given by the Acquisition of Land Act 1981 (see section 2 of that Act);
“special enactment” means—
a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or
a provision which—
is contained in an Act other than a local or private Act, and
authorises the compulsory acquisition of land specifically identified in that Act.
Part 6 Powers to amend certain grounds and definitions
13 (1) The Secretary of State may by regulations amend this Schedule so as to—
(a) amend Ground 2ZA to change the descriptions of the landlord who may use the ground;
(b) amend Ground 2ZC to change the descriptions of previous landlord mentioned in it;
(c) provide for Ground 5C to apply only where the landlord seeking possession or the employer is of a particular description;
(d) amend Ground 5H to change the descriptions of landlord who may use the ground;
(e) add other situations to the list in the first paragraph of Ground 6B in which that ground may be relied on or remove any situations added by virtue of this sub-paragraph;
(f) amend the definition of “special tenancy” in Ground 7;
(g) amend the definition of “supported accommodation” or “managed accommodation” in paragraph 12.
(2) Regulations under this paragraph may—
(a) make consequential, supplementary, incidental, transitional or saving provision;
(b) make different provision for different purposes.
(3) Regulations under this paragraph are to be made by statutory instrument.
(4) A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Schedule 2ZA Financial penalties under sections 16I and 16K
section 16L
Notice of intent
1 Before imposing a financial penalty on a person under section 16I or 16K a local housing authority must give the person notice of its proposal to do so (a “notice of intent”).
2 (1) The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty relates.
(2) But if the person is continuing to engage in the conduct on that day, and the conduct continues beyond the end of that day, the notice of intent may be given—
(a) at any time when the conduct is continuing, or
(b) within the period of 6 months beginning with the last day on which the conduct occurs.
3 The notice of intent must set out—
(a) the date on which the notice of intent is given,
(b) the amount of the proposed financial penalty,
(c) the reasons for proposing to impose the financial penalty, and
(d) information about the right to make representations under paragraph 4.
Right to make representations
4 (1) A person who is given a notice of intent may make written representations to the local housing authority about the proposal to impose a financial penalty.
(2) Any representations must be made within the period of 28 days beginning with the day after that on which the notice was given (“the period for representations”).
Final notice
5 After the end of the period for representations the local housing authority must—
(a) decide whether to impose a financial penalty on the person, and
(b) if it decides to impose a financial penalty, decide the amount of the penalty.
6 If the authority decides to impose a financial penalty on the person, it must give the person a notice (a “final notice”) imposing that penalty.
7 The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given.
8 The final notice must set out—
(a) the date on which the final notice is given,
(b) the amount of the financial penalty,
(c) the reasons for imposing the penalty,
(d) information about how to pay the penalty,
(e) the period for payment of the penalty,
(f) information about rights of appeal, and
(g) the consequences of failure to comply with the notice.
Withdrawal or amendment of notice
9 (1) A local housing authority may at any time—
(a) withdraw a notice of intent or final notice, or
(b) reduce the amount specified in a notice of intent or final notice.
(2) The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given.
Appeals
10 (1) A person to whom a final notice is given may appeal to the First-tier Tribunal against—
(a) the decision to impose the penalty, or
(b) the amount of the penalty.
(2) An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice was given.
(3) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned.
(4) An appeal under this paragraph—
(a) is to be a re-hearing of the local housing authority’s decision, but
(b) may be determined having regard to matters of which the authority was unaware.
(5) On an appeal under this paragraph the First-tier Tribunal may confirm, vary or cancel the final notice.
(6) The final notice may not be varied under sub-paragraph (5) so as to make it impose a financial penalty of more than the local housing authority could have imposed.
Recovery of financial penalty
11 (1) This paragraph applies if a person fails to pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay.
(2) The local housing authority which imposed the financial penalty may recover the whole or part of the penalty on the order of the county court as if it were payable under an order of that court.
(3) In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is—
(a) signed by the chief finance officer of the local housing authority which imposed the penalty, and
(b) states that the amount due has not been received by a date specified in the certificate,
is conclusive evidence of that fact.
(4) A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.
(5) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.
Proceeds of financial penalties
12 Where a local housing authority imposes a financial penalty under this Act, it may apply the proceeds towards meeting the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions under this Act or otherwise in relation to the private rented sector.
13 Any proceeds of a financial penalty imposed under this Act which are not applied in accordance with paragraph 12 must be paid to the Secretary of State.
14 (1) In paragraph 12, enforcement functions “in relation to the private rented sector” means enforcement functions relating to—
(a) residential premises in England that are let, or intended to be let, under a tenancy,
(b) the common parts of such premises,
(c) the activities of a landlord under a tenancy of residential premises in England,
(d) the activities of a superior landlord in relation to such a tenancy,
(e) the activities of a person carrying on English letting agency work within the meaning of section 54 of the Housing and Planning Act 2016 in relation to such premises, or
(f) the activities of a person carrying on English property management work within the meaning of section 55 of the Housing and Planning Act 2016 in relation to such premises.
(2) For the purposes of this paragraph “residential premises” has the meaning given by section 1 of the Housing Act 2004 except that it does not include social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.
(3) For the purposes of this paragraph “tenancy” includes a licence to occupy.
Tenancies excluded by notice
1 (1) An assured tenancy in respect of which a notice is served as mentioned in sub-paragraph (2) below.
(2) The notice referred to in sub-paragraph (1) above is one which—
(a) is served before the assured tenancy is entered into,
(b) is served by the person who is to be the landlord under the assured tenancy on the person who is to be the tenant under that tenancy, and
(c) states that the assured tenancy to which it relates is not to be an assured shorthold tenancy.
2 (1) An assured tenancy in respect of which a notice is served as mentioned in sub-paragraph (2) below.
(2) The notice referred to in sub-paragraph (1) above is one which—
(a) is served after the assured tenancy has been entered into,
(b) is served by the landlord under the assured tenancy on the tenant under that tenancy, and
(c) states that the assured tenancy to which it relates is no longer an assured shorthold tenancy.
Tenancies containing exclusionary provision
3 An assured tenancy which contains a provision to the effect that the tenancy is not an assured shorthold tenancy.
Tenancies under section 39
4 An assured tenancy arising by virtue of section 39 above, other than one to which subsection (7) of that section applies.
Former secure tenancies
5 An assured tenancy which became an assured tenancy on ceasing to be a secure tenancy.
Former demoted tenancies
5A An assured tenancy which ceases to be an assured shorthold tenancy by virtue of section 20B(2) or (4).
Tenancies under Schedule 10 to the Local Government and Housing Act 1989
6 An assured tenancy arising by virtue of Schedule 10 to the Local Government and Housing Act 1989 (security of tenure on ending of long residential tenancies).
Tenancies replacing non-shortholds
7 (1) An assured tenancy which—
(a) is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was the tenant (or, in the case of joint tenants, one of the tenants) under an assured tenancy other than a shorthold tenancy ( “the old tenancy”),
(b) is granted (alone or jointly with others) by a person who was at that time the landlord (or one of the joint landlords) under the old tenancy, and
(c) is not one in respect of which a notice is served as mentioned in sub-paragraph (2) below.
(2) The notice referred to in sub-paragraph (1)(c) above is one which—
(a) is in such form as may be prescribed,
(b) is served before the assured tenancy is entered into,
(c) is served by the person who is to be the tenant under the assured tenancy on the person who is to be the landlord under that tenancy (or, in the case of joint landlords, on at least one of the persons who are to be joint landlords), and
(d) states that the assured tenancy to which it relates is to be a shorthold tenancy.
8 An assured tenancy which comes into being by virtue of section 5 above on the coming to an end of an assured tenancy which is not a shorthold tenancy.
Assured agricultural occupancies
9 (1) An assured tenancy—
(a) in the case of which the agricultural worker condition is, by virtue of any provision of Schedule 3 to this Act, for the time being fulfilled with respect to the dwelling-house subject to the tenancy, and
(b) which does not fall within sub-paragraph (2) or (4) below.
(2) An assured tenancy falls within this sub-paragraph if—
(a) before it is entered into, a notice—
(i) in such form as may be prescribed, and
(ii) stating that the tenancy is to be a shorthold tenancy,
is served by the person who is to be the landlord under the tenancy on the person who is to be the tenant under it, and
(b) it is not an excepted tenancy.
(3) For the purposes of sub-paragraph (2)(b) above, an assured tenancy is an excepted tenancy if—
(a) the person to whom it is granted or, as the case may be, at least one of the persons to whom it is granted was, immediately before it is granted, a tenant or licensee under an assured agricultural occupancy, and
(b) the person by whom it is granted or, as the case may be, at least one of the persons by whom it is granted was, immediately before it is granted, a landlord or licensor under the assured agricultural occupancy referred to in paragraph (a) above.
(4) An assured tenancy falls within this sub-paragraph if it comes into being by virtue of section 5 above on the coming to an end of a tenancy falling within sub-paragraph (2) above.
Section 24.
Interpretation
1 (1) In this Schedule—
“the 1976 Act” means the Rent (Agriculture) Act 1976;
“agriculture” has the same meaning as in the 1976 Act; and
“relevant tenancy or licence” means a tenancy or licence of a description specified in section 24(2) of this Act.
(2) In relation to a relevant tenancy or licence—
(a) “the occupier” means the tenant or licensee; and
(b) “the dwelling-house” means the dwelling-house which is let under the tenancy or, as the case may be, is occupied under the licence.
(3) Schedule 3 to the 1976 Act applies for the purposes of this Schedule as it applies for the purposes of that Act and, accordingly, shall have effect to determine—
(a) whether a person is a qualifying worker;
(b) whether a person is incapable of whole-time work in agriculture, or work in agriculture as a permit worker, in consequence of a qualifying injury or disease; and
(c) whether a dwelling-house is in qualifying ownership.
The conditions
2 The agricultural worker condition is fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence if—
(a) the dwelling-house is or has been in qualifying ownership at any time during the subsistence of the tenancy or licence (whether or not it was at that time a relevant tenancy or licence); and
(b) the occupier or, where there are joint occupiers, at least one of them—
(i) is a qualifying worker or has been a qualifying worker at any time during the subsistence of the tenancy or licence (whether or not it was at that time a relevant tenancy or licence); or
(ii) is incapable of whole-time work in agriculture or work in agriculture as a permit worker in consequence of a qualifying injury or disease.
3 (1) The agricultural worker condition is also fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence if—
(a) that condition was previously fulfilled with respect to the dwelling-house but the person who was then the occupier or, as the case may be, a person who was one of the joint occupiers (whether or not under the same relevant tenancy or licence) has died; and
(b) that condition ceased to be fulfilled on the death of the occupier referred to in paragraph (a) above (hereinafter referred to as “the previous qualifying occupier”); and
(c) the occupier is either—
(i) the qualifying surviving partner of the previous qualifying occupier; or
(ii) the qualifying member of the previous qualifying occupier’s family.
(2) For the purposes of sub-paragraph (1)(c)(i) above and sub-paragraph (3) below—
(a) “surviving partner” means widow, widower or surviving civil partner; and
(b) a surviving partner of the previous qualifying occupier of the dwelling-house is a qualifying surviving partner if that surviving partner was residing in the dwelling-house immediately before the previous qualifying occupier’s death.
(3) Subject to sub-paragraph (4) below, for the purposes of sub-paragraph (1)(c)(ii) above, a member of the family of the previous qualifying occupier of the dwelling-house is the qualifying member of the family if—
(a) on the death of the previous qualifying occupier there was no qualifying surviving partner ; and
(b) the member of the family was residing in the dwelling-house with the previous qualifying occupier at the time of, and for the period of two years before, his death.
(4) Not more than one member of the previous qualifying occupier’s family may be taken into account in determining whether the agricultural worker condition is fulfilled by virtue of this paragraph and, accordingly, if there is more than one member of the family—
(a) who is the occupier in relation to the relevant tenancy or licence, and
(b) who, apart from this sub-paragraph, would be the qualifying member of the family by virtue of sub-paragraph (3) above,
only that one of those members of the family who may be decided by agreement or, in default of agreement by the county court, shall be the qualifying member.
(5) For the purposes of sub-paragraph (2)(a) above, a person who, immediately before the previous qualifying occupier’s death, was living together with the previous occupier as if they were a married couple or civil partners shall be treated as the widow, widower or surviving civil partner of the previous occupier.
(6) If, immediately before the death of the previous qualifying occupier, there is, by virtue of sub-paragraph (5) above, more than one person who falls within sub-paragraph (1)(c)(i) above, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be treated as the qualifying surviving partner for the purposes of this paragraph.
4 The agricultural worker condition is also fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence if—
(a) the tenancy or licence was granted to the occupier or, where there are joint occupiers, at least one of them in consideration of his giving up possession of another dwelling-house of which he was then occupier (or one of joint occupiers) under another relevant tenancy or licence; and
(b) immediately before he gave up possession of that dwelling-house, as a result of his occupation the agricultural worker condition was fulfilled with respect to it (whether by virtue of paragraph 2 or paragraph 3 above or this paragraph);
and the reference in paragraph (a) above to a tenancy or licence granted to the occupier or at least one of joint occupiers includes a reference to the case where the grant is to him together with one or more other persons.
5 (1) This paragraph applies where—
(a) by virtue of any of paragraphs 2 to 4 above, the agricultural worker condition is fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence (in this paragraph referred to as “the earlier tenancy or licence”); and
(b) another relevant tenancy or licence of the same dwelling-house (in this paragraph referred to as “the later tenancy or licence”) is granted to the person who, immediately before the grant, was the occupier or one of the joint occupiers under the earlier tenancy or licence and as a result of whose occupation the agricultural worker condition was fulfilled as mentioned in paragraph (a) above;
and the reference in paragraph (b) above to the grant of the later tenancy or licence to the person mentioned in that paragraph includes a reference to the case where the grant is to that person together with one or more other persons.
(2) So long as a person as a result of whose occupation of the dwelling-house the agricultural worker condition was fulfilled with respect to the earlier tenancy or licence continues to be the occupier, or one of the joint occupiers, under the later tenancy or licence, the agricultural worker condition shall be fulfilled with respect to the dwelling-house.
(3) For the purposes of paragraphs 3 and 4 above and any further application of this paragraph, where sub-paragraph (2) above has effect, the agricultural worker condition shall be treated as fulfilled so far as concerns the later tenancy or licence by virtue of the same paragraph of this Schedule as was applicable (or, as the case may be, last applicable) in the case of the earlier tenancy or licence.
Section 39.
Part I Amendments of Schedule 1 to Rent Act 1977
1 In paragraph 1 the words “or, as the case may be, paragraph 3” shall be omitted.
2 At the end of paragraph 2 there shall be inserted the following sub-paragraphs—
(2) For the purposes of this paragraph, a person who was living with the original tenant as his or her wife or husband shall be treated as the spouse of the original tenant.
(3) If, immediately after the death of the original tenant, there is, by virtue of sub-paragraph (2) above, more than one person who fulfils the conditions in sub-paragraph (1) above, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be treated as the surviving spouse for the purposes of this paragraph.
3 In paragraph 3—
(a) after the words “residing with him” there shall be inserted “ “in the dwelling-house ”;
(b) for the words “period of 6 months” there shall be substituted “ “period of 2 years ”;
(c) for the words from “the statutory tenant” onwards there shall be substituted “ “entitled to an assured tenancy of the dwelling-house by succession ”; and
(d) at the end there shall be added the following sub-paragraph—
(2) If the original tenant died within the period of 18 months beginning on the operative date, then, for the purposes of this paragraph, a person who was residing in the dwelling-house with the original tenant at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the original tenant for the period of 2 years immediately before his death.
4 In paragraph 4 the words “or 3” shall be omitted.
5 In paragraph 5—
(a) for the words from “or, as the case may be” to “of this Act” there shall be substituted “ “below shall have effect ”; and
(b) for the words “the statutory tenant” there shall be substituted “ “entitled to an assured tenancy of the dwelling-house by succession ”.
6 For paragraph 6 there shall be substituted the following paragraph—
6 (1) Where a person who—
(a) was a member of the original tenant’s family immediately before that tenant’s death, and
(b) was a member of the first successor’s family immediately before the first successor’s death,
was residing in the dwelling-house with the first successor at the time of, and for the period of 2 years immediately before, the first successor’s death, that person or, if there is more than one such person, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be entitled to an assured tenancy of the dwelling-house by succession.
(2) If the first successor died within the period of 18 months beginning on the operative date, then, for the purposes of this paragraph, a person who was residing in the dwelling-house with the first successor at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the first successor for the period of 2 years immediately before his death.
7 Paragraph 7 shall be omitted.
8 In paragraph 10(1)(a) for the words “paragraphs 6 or 7” there shall be substituted “ “paragraph 6 ”.
9 At the end of paragraph 11 there shall be inserted the following paragraph—
11A In this Part of this Schedule “the operative date” means the date on which Part I of the Housing Act 1988 came into force.
Part II Amendments of Section 4 of Rent (Agriculture) Act 1976
10 In subsection (2) the words “or, as the case may be, subsection (4)” shall be omitted.
11 In subsection (4)—
(a) in paragraph (b) after the words “residing with him” there shall be inserted “ “in the dwelling-house ” and for the words “period of six months” there shall be substituted “ “period of 2 years ”; and
(b) for the words from “the statutory tenant” onwards there shall be substituted “ “entitled to an assured tenancy of the dwelling-house by succession ”.
12 In subsection (5) for the words “subsections (1), (3) and (4)” there shall be substituted “ “subsections (1) and (3) ” and after that subsection there shall be inserted the following subsections—
(5A) For the purposes of subsection (3) above, a person who was living with the original occupier as his or her wife or husband shall be treated as the spouse of the original occupier and, subject to subsection (5B) below, the references in subsection (3) above to a widow and in subsection (4) above to a surviving spouse shall be construed accordingly.
(5B) If, immediately after the death of the original occupier, there is, by virtue of subsection (5A) above, more than one person who fulfils the conditions in subsection (3) above, such one of them as may be decided by agreement or, in default of agreement by the county court, shall be the statutory tenant by virtue of that subsection.
(5C) If the original occupier died within the period of 18 months beginning on the operative date, then, for the purposes of subsection (3) above, a person who was residing in the dwelling-house with the original occupier at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the original occupier for the period of 2 years immediately before his death; and in this subsection “the operative date” means the date on which Part I of the Housing Act 1988 came into force.
Part III Modifications of Section 7 and Schedule 2
13 (1) Subject to sub-paragraph (2) below, in relation to the assured tenancy to which the successor becomes entitled by succession, section 7 of this Act shall have effect as if in subsection (3) after the word “established” there were inserted the words “ “or that the circumstances are as specified in any of Cases 11, 12, 16, 17, 18 and 20 in Schedule 15 to the Rent Act 1977 ”.
(2) Sub-paragraph (1) above does not apply if, by virtue of section 39(8) of this Act, the assured tenancy to which the successor becomes entitled is an assured agricultural occupancy.
14 If by virtue of section 39(8) of this Act, the assured tenancy to which the successor becomes entitled is an assured agricultural occupancy, section 7 of this Act shall have effect in relation to that tenancy as if in subsection (3) after the word “established” there were inserted the words “ “or that the circumstances are as specified in Case XI or Case XII of the Rent (Agriculture) Act 1976 ”.
15 (1) In relation to the assured tenancy to which the successor becomes entitled by succession, any notice given to the predecessor for the purposes of Case 13, Case 14 or Case 15 in Schedule 15 to the Rent Act 1977 shall be treated as having been given for the purposes of whichever of Grounds 3 to 5 in Schedule 2 to this Act corresponds to the Case in question.
(2) Where sub-paragraph (1) above applies, the regulated tenancy of the predecessor shall be treated, in relation to the assured tenancy of the successor, as “the earlier tenancy” for the purposes of Part IV of Schedule 2 to this Act.
Status
1 (1) Housing for Wales is a body corporate and is in this Schedule referred to as “the Corporation”.
(2) The Corporation is a public body for the purposes of the Prevention of Corruption Acts 1889 to 1916.
(3) The Corporation shall not be regarded—
(a) as the servant or agent of the Crown; or
(b) as enjoying any status, immunity or privilege of the Crown; or
(c) as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local;
and its property shall not be regarded as property of, or held on behalf of, the Crown.
Membership
2 (1) The members of the Corporation shall be—
(a) not less than six nor more than eight persons appointed by the Secretary of State; and
(b) the chief executive of the Corporation appointed under paragraph 7 below;
and the members appointed under paragraph (a) above are in this Schedule referred to as the “appointed members”.
(2) Before appointing a person to be a member of the Corporation the Secretary of State shall satisfy himself that he will have no financial or other interest likely to affect prejudicially the exercise of his functions as a member; and the Secretary of State may require a person whom he proposes to appoint to give him such information as he considers necessary for that purpose.
3 (1) The appointed members shall hold and vacate office in accordance with the terms of their appointment, subject to the following provisions.
(2) A member may resign his membership by notice in writing addressed to the Secretary of State.
(3) The Secretary of State may remove a member from office if he is satisfied that—
(a) he has been adjudged bankrupt or made an arrangement with his creditors;
(b) he has been absent from meetings of the Corporation for a period longer than three consecutive months without the permission of the Corporation; or
(c) he is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member.
(4) The Secretary of State shall satisfy himself from time to time with respect to every appointed member that he has no financial or other interest likely to affect prejudicially the exercise of his functions as a member; and he may require an appointed member to give him such information as he considers necessary for that purpose.
Chairman and Deputy Chairman
4 (1) The Secretary of State shall appoint one of the appointed members to be Chairman and may appoint one to be Deputy Chairman; and the members so appointed shall hold and vacate those offices in accordance with the terms of their appointment, subject to the following provisions.
(2) The Chairman or Deputy Chairman may resign by notice in writing addressed to the Secretary of State.
(3) If the Chairman or Deputy Chairman ceases to be a member of the Corporation, he also ceases to be Chairman or Deputy Chairman.
Remuneration and allowances
5 (1) The Corporation may pay the Chairman, Deputy Chairman and appointed members such remuneration as Secretary of State may, with the consent of the Treasury, determine.
(2) The Corporation may pay them such reasonable allowances as may be so determined in respect of expenses properly incurred by them in the performance of their duties.
Pensions
6 (1) The Secretary of State may, with the consent of the Treasury, determine to pay in respect of a person’s office as Chairman, Deputy Chairman or appointed member—
(a) such pension, allowance or gratuity to or in respect of that person on his retirement or death as may be so determined; or
(b) such contributions or other payments towards provision for such pension, allowance or gratuity as may be so determined.
(2) As soon as may be after the making of such a determination the Secretary of State shall lay before each House of Parliament a statement of the amount payable in pursuance of the determination.
(3) Sub-paragraph (1) above does not apply in the case of a member who has been admitted in pursuance of regulations under section 7 of the Superannuation Act 1972 to participate in the benefits of a superannuation fund maintained by a local authority.
(4) In such a case the Secretary of State shall make any payments required to be made to the fund in respect of the member by the employing authority and may make such deductions from his remuneration as the employing authority might make in respect of his contributions to the fund.
Staff
7 (1) There shall be a chief executive of the Corporation.
(2) After consultation with the Chairman or person designated to be chairman of the Corporation, the Secretary of State shall make the first appointment of the chief executive on such terms and conditions as he may, with the consent of the Treasury, determine.
(3) The Corporation, with the approval of the Secretary of State, may make subsequent appointments to the office of chief executive on such terms and conditions as the Corporation may, with the approval of the Secretary of State given with the consent of the Treasury, determine.
8 (1) The Corporation may appoint, on such terms and conditions as it may, with the approval of the Secretary of State, determine, such other employees as it thinks fit.
(2) In respect of such of its employees as it may, with the approval of the Secretary of State, determine, the Corporation shall make such arrangements for providing pensions, allowances or gratuities as it may determine; and such arrangements may include the establishment and administration, by the Corporation or otherwise, of one or more pension schemes.
(3) The reference in sub-paragraph (2) above to pensions, allowances or gratuities to or in respect of employees of the Corporation includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Corporation’s employees who suffer loss of office or employment or loss or diminution of emoluments.
(4) The Secretary of State with the consent of the Treasury may, by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, make regulations providing for—
(a) the transfer to, and administration by, Housing for Wales of any superannuation fund maintained by the Housing Corporation in terms of the provisions of any scheme made under section 7 of the Superannuation Act 1972; and
(b) the modification, for the purposes of the regulations, of that section or any scheme thereunder.
(5) If an employee of the Corporation becomes a member of the Corporation and was by reference to his employment by the Corporation a participant in a pension scheme administered by it for the benefit of its employees—
(a) the Corporation may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the Corporation whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 6 above; but
(b) if the Corporation does so determine, any discretion as to the benefits payable to or in respect of him which the scheme confers on the Corporation shall be exercised only with the approval of the Secretary of State.
(6) Any reference in the preceding provisions of this paragraph to the approval of the Secretary of State is a reference to that approval given with the consent of the Treasury.
9 (1) Not later than such date as the Secretary of State may determine, the Corporation shall make an offer of employment by it to each person employed immediately before that date by the Housing Corporation in connection with functions in Wales; and any question as to the persons to whom an offer of employment is to be made under this paragraph shall be determined by the Secretary of State.
(2) The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.
(3) An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.
10 (1) Where a person becomes an employee of the Corporation in consequence of an offer made under paragraph 9 above, then, for the purposes of the Employment Rights Act 1996, his period of employment with the Housing Corporation shall count as a period of employment by the Corporation, and the change of employment shall not break the continuity of the period of employment.
(2) Where an offer is made in pursuance of paragraph 9 above to any person employed as mentioned in that paragraph, none of the agreed redundancy procedures applicable to such a person shall apply to him; and where that person ceases to be so employed—
(a) on becoming a member of the staff of the Corporation in consequence of that paragraph, or
(b) having unreasonably refused the offer,
. . . he shall not be treated for the purposes of any scheme under section 24 of the Superannuation Act 1972 or any other scheme as having been retired on redundancy.
(3) Without prejudice to sub-paragraph (2) above, where a person has unreasonably refused an offer made to him in pursuance of paragraph 9 above, the Housing Corporation shall not terminate that person’s employment unless it has first had regard to the feasibility of employing him in a suitable alternative position with it.
(4) Where a person continues in employment in the Housing Corporation either—
(a) not having unreasonably refused an offer made to him in pursuance of this paragraph, or
(b) not having been placed in a suitable alternative position as mentioned in sub-paragraph (3) above,
he shall be treated for all purposes as if the offer mentioned in paragraph 9 above had not been made.
11 (1) Any dispute as to whether an offer of employment complies with sub-paragraph (2) of paragraph 9 above shall be referred to and be determined by an employment tribunal.
(2) An employment tribunal shall not consider a complaint referred to it under sub-paragraph (1) above unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or, in a case where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months, within such further period as the tribunal considers reasonable.
(3) Subject to sub-paragraph (4) below, there shall be no appeal from the decision of an employment tribunal under this paragraph.
(4) An appeal to the Employment Appeal Tribunal may be made only on a question of law arising from the decision of, or in proceedings before, an employment tribunal under this paragraph.
Proceedings
12 (1) The quorum of the Corporation and the arrangements relating to its meetings shall, subject to any directions given by the Secretary of State, be such as the Corporation may determine.
(2) The validity of proceedings of the Corporation is not affected by any defect in the appointment of any of its members.
13 (1) Where a member of the Corporation is in any way directly or indirectly interested in a contract made or proposed to be made by the Corporation—
(a) he shall disclose the nature of his interest at a meeting of the Corporation, and the disclosure shall be recorded in the minutes of the Corporation; and
(b) he shall not take any part in any decision of the Corporation with respect to the contract.
(2) A general notice given by a member at a meeting of the Corporation to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract which may be made with the company or firm is a sufficient disclosure of his interest for the purposes of this paragraph in relation to a contract made after the date of the notice.
(3) A member need not attend in person at a meeting of the Corporation in order to make any disclosure which he is required to make under this paragraph provided he takes reasonable steps to secure that the disclosure is brought up and read at the meeting.
14 (1) The fixing of the Corporation’s seal may be authenticated by the signature of the Chairman or of any other person authorised for the purpose.
(2) A document purporting to be duly executed under the seal of the Corporation shall be received in evidence and be deemed to be so executed unless the contrary is proved.
SCHEDULE 6 Amendments of Housing Associations Act 1985
Section 59.
Part I Amendments of Part I with Respect to the Housing Corporation, Housing for Wales and Scottish Homes
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7 (1) In section 9 (control by Corporation of disposition of land by housing associations) for subsection (1) there shall be substituted the following subsections—
(1) Subject to section 10 and sections 81(7), 105(6) and 133(7) of the Housing Act 1988, the consent of the Corporation is required for any disposition of land by a registered housing association.
(1A) Subject to section 10, the consent of the relevant Corporation is required for any disposition of grant-aided land (as defined in Schedule 1) by an unregistered housing association; and for this purpose “ the relevant Corporation ” means,—
(a) if the land is in England, the Housing Corporation;
(b) if the land is in Scotland, Scottish Homes, and
(c) if the land is in Wales, Housing for Wales.
(2) In subsection (3) of that section—
(a) for the words “the consent of the Corporation”, in the first place where they occur, there shall be substituted “consent”; and
(b) for the words “the consent of the Corporation”, in the second place where they occur, there shall be substituted “that consent”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 (1) In section 10 (dispositions excepted from section 9), in subsection (1) for the words from “the Charity Commissioners”, in the second place where they occur, onwards there shall be substituted
before making an order in such a case the Charity Commissioners shall consult,—
(a) in the case of dispositions of land in England, the Housing Corporation;
(b) in the case of dispositions of land in Scotland, Scottish Homes; and
(c) in the case of dispositions of land in Wales, Housing for Wales.
(2) In subsection (2) of that section at the end of paragraph (b) there shall be inserted
or
(c) a letting of land under an assured tenancy or an assured agricultural occupancy, or
(d) a letting of land in England or Wales under what would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8 of Schedule 1 to the Housing Act 1988, or
(e) a letting of land in Scotland under what would be an assured tenancy but for any of paragraphs 3 to 8 and 12 of Schedule 4 to the Housing (Scotland) Act 1988.
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23 In section 33 (recognition of central association), in subsection (1) after “housing associations” there shall be inserted “in Great Britain or in any part of Great Britain”.
24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25 In section 39 (minor definitions) before the definition of “mental disorder” there shall be inserted—
“assured tenancy” has, in England and Wales, the same meaning as in Part I of the Housing Act 1988 and, in Scotland, the same meaning as in Part II of the Housing (Scotland) Act 1988;
“assured agricultural occupancy” has the same meaning as in Part I of the Housing Act 1988.
26 In section 40 (index of defined expressions in Part I)—
(a) after the entry relating to “appropriate registrar” there shall be inserted—
“assured agricultural occupancy” section 39
“assured tenancy” section 39
;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Amendments of Part II with Respect to the Housing Corporation and Housing for Wales
27 (1) In section 63 (building society advances) for the words “the Housing Corporation”, in each place where they occur in subsections (1) and (2), there shall be substituted “one of the Corporations” and in subsection (1) (b) for the words “the Corporation” there shall be substituted “that one of the Corporations which is concerned”.
(2) After subsection (2) of that section there shall be inserted the following subsection—
(2A) In this section “the Corporations” means the Housing Corporation and Housing for Wales
.
28 (1) In section 69 (power to vary or terminate certain agreements) at the end of subsection (1)(a) there shall be added “(including such an agreement under which rights and obligations have been transferred to Housing for Wales)”.
(2) After subsection (2) of that section there shall be inserted the following subsection—
(2A) In the case of an agreement under which rights and obligations have been transferred to Housing for Wales, the reference to a party to the agreement includes a reference to Housing for Wales.
29 In section 69A (land subject to housing management agreement) for the words “housing association grant, revenue deficit grant or hostel deficit grant” there shall be substituted “grant under section 50 (housing association grant) or section 51 (revenue deficit grant) of the Housing Act 1988”.
30 (1) In Part I of Schedule 5 (residual subsidies)—
(a) in paragraph 5(3) the words “at such times and in such places as the Treasury may direct” and “with the approval of the Treasury” shall be omitted; . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In Part II of that Schedule, in paragraph 5(3) the words “at such times and in such places as the Treasury may direct” and “with the approval of the Treasury” shall be omitted.
Part III Amendments of Part III with Respect to the Housing Corporation and Housing for Wales
31 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In subsection (2) of that section for the words “the Corporation” there shall be substituted “the Housing Corporation”.
(3) At the end of that section there shall be inserted the following subsections—
(3) In this Part “registered housing association” in relation to the Corporation, means a housing association registered in the register maintained by the Corporation.
(4) In this Part,—
(a) in relation to land in Wales held by an unregistered housing association, “the Corporation” means Housing for Wales; and
(b) in relation to land outside Wales held by such an association, “the Corporation” means the Housing Corporation.
32 In section 75 (general functions), in subsection (1)(c) for the words “a register of housing associations” there shall be substituted “the register of housing associations referred to in section 3”.
33 At the end of section 77 (advisory service) there shall be added the following subsection—
(3) The powers conferred on the Corporation by subsections (1) and (2) may be exercised by the Housing Corporation and Housing for Wales acting jointly
.
34 (1) In section 83 (power to guarantee loans), in subsection (3) (maximum amount outstanding in respect of loans etc.) for the words “the Corporation”, in each place where they occur, there shall be substituted “the Housing Corporation”.
(2) After subsection (3) of that section there shall be inserted the following subsection—
(3A) The aggregate amount outstanding in respect of—
(a) loans for which Housing for Wales has given a guarantee under this section, and
(b) payments made by Housing for Wales in meeting an obligation arising by virtue of such a guarantee and not repaid to Housing for Wales,
shall not exceed £30 million or such greater sum not exceeding £50 million as the Secretary of State may specify by order made with the approval of the Treasury
.
(3) In subsection (4) of that section (procedure for orders of Secretary of State) after the words “subsection (3)” there shall be inserted “or subsection (3A)”.
35 (1) In section 93 (limit on borrowing), in subsection (2) for the words from “shall not exceed” onwards there shall be substituted “shall not exceed the limit appropriate to the Corporation under subsection (2A)”.
(2) At the end of subsection (2) of that section there shall be inserted the following subsection—
(2A) The limit referred to in subsection (2) is,—
(a) in the case of the Housing Corporation, £2,000 million or such greater sum not exceeding £3,000 million as the Secretary of State may specify by order made with the consent of the Treasury; and
(b) in the case of Housing for Wales, £250 million or such greater sum not exceeding £300 million as the Secretary of State may specify by order made with the consent of the Treasury.
(3) In subsections (3) to (5) of that section for “(2)”, in each place where it occurs, there shall be substituted “(2A)”.
36 In section 106(1) (minor definitions: general) for the definition of “housing activities” there shall be substituted the following—
“housing activities”, in relation to a registered housing association, means all its activities in pursuance of such of its purposes, objects or powers as are of a description mentioned in section 1(1) (a) or subsections (2) to (4) of section 4.
37 In Schedule 6, paragraph 3(3)(b) shall be omitted.
Section 62(5).
Members
1 A housing action trust (in this Schedule referred to as a “trust”) shall consist of a chairman and such number of other members (not less than five but not exceeding eleven) as the Secretary of State may from time to time appoint.
2 (1) In appointing members of a trust the Secretary of State shall have regard to the desirability of securing the services of persons who live in or have special knowledge of the locality in which the designated area is situated and before appointing any such person as a member he shall consult every local housing authority any part of whose district is included in the designated area.
(2) Before appointing a person to be a member of a trust the Secretary of State shall satisfy himself that that person will have no financial or other interest likely to affect prejudicially the exercise of his functions as a member; and the Secretary of State may require a person whom he proposes to appoint to give him such information as he considers necessary for that purpose.
(3) For the purposes of sub-paragraph (2) above, the fact that a person is or may become a tenant of a trust shall not be regarded as giving to that person an interest likely to affect prejudicially the exercise of his functions as a member.
(4) The Secretary of State shall appoint one of the members to be chairman and, if he thinks fit, another to be deputy chairman of the trust.
3 Subject to the following provisions of this Schedule, each member of the trust as such and the chairman and deputy chairman as such shall hold and vacate office in accordance with his appointment.
4 If the chairman or deputy chairman ceases to be a member of the trust, he shall also cease to be chairman or deputy chairman, as the case may be.
5 Any member of the trust may, by notice in writing addressed to the Secretary of State, resign his membership; and the chairman or deputy chairman may, by like notice, resign his office as such.
6 If the Secretary of State is satisfied that a member of the trust (including the chairman or deputy chairman)—
(a) has become bankrupt or made an arrangement with his creditors or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him, or
(b) has been absent from meetings of the trust for a period longer than three consecutive months without the permission of the trust, or
(c) is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member,
the Secretary of State may remove him from his office.
7 A member of the trust who ceases to be a member or ceases to be chairman or deputy chairman shall be eligible for reappointment.
Remuneration
8 The trust may pay to each member such remuneration and allowances as the Secretary of State may . . . determine.
9 The trust may pay or make provision for paying, to or in respect of any member, such sums by way of pensions, allowances and gratuities as the Secretary of State may . . . determine and, . . ., the Secretary of State may undertake to meet any liabilities arising in respect of such pensions, allowances or gratuities after the dissolution of the trust.
10 Where a person ceases to be a member of a trust and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the trust may make to him payment of such amount as the Secretary of State may . . . determine.
Staff
11 (1) There shall be a chief officer of the trust who shall be appointed by the trust with the approval of the Secretary of State.
(2) The chief officer shall be responsible to the trust for the general exercise of the trust’s functions.
(3) The trust may appoint such number of other employees as may be approved by the Secretary of State.
(4) References in paragraph 12 below to employees of the trust include references to the chief officer as well as other employees.
12 (1) Employees of the trust shall be appointed at such remuneration and on such other terms and conditions as the trust may determine.
(2) The trust may pay such pensions, allowances or gratuities as it may determine to or in respect of any of its employees, make such payments as it may determine towards the provision of pensions, allowances or gratuities to or in respect of any of its employees or provide and maintain such schemes as it may determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any of its employees; and . . . the Secretary of State may undertake to meet any liabilities arising in respect of such pensions, allowances or gratuities after the dissolution of the trust.
(3) The reference in sub-paragraph (2) above to pensions, allowances or gratuities to or in respect of any of the trust’s employees includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the trust’s employees who suffer loss of office or employment or loss or diminution of emoluments.
(4) If an employee of the trust becomes a member and was by reference to his employment by the trust a participant in a pension scheme maintained by the trust for the benefit of any of its employees, the trust may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the trust whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 9 above.
(5) A determination of the trust for the purposes of this paragraph is ineffective unless made with the approval of the Secretary of State . . ..
Meetings and proceedings
13 The quorum of the trust and the arrangements relating to its meetings shall, subject to any directions given by the Secretary of State, be such as the trust may determine.
14 The validity of any proceedings of the trust shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members.
Instruments, etc.
15 The fixing of the seal of the trust shall be authenticated by the signature of the chairman or of some other member authorised either generally or specially by the trust to act for that purpose.
16 Any document purporting to be a document duly executed under the seal of the trust shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.
17 A document purporting to be signed on behalf of a trust shall be received in evidence and shall, unless the contrary is proved, be deemed to be so signed.
House of Commons disqualification
18 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), there shall be inserted at the appropriate place the following entry— “ Any member, in receipt of remuneration, of a housing action trust (within the meaning of Part III of the Housing Act 1988). ”
Section 62(5).
Part I Preliminary
1 (1) References in this Schedule to a trust are to a housing action trust.
(2) The financial year of a trust shall begin with 1 April and references to a financial year in relation to a trust shall be construed accordingly.
Part II Finance
Financial duties
2 (1) After consultation with a trust, the Secretary of State may, with the Treasury’s approval, determine the financial duties of the trust, and different determinations may be made in relation to different trusts or for different functions and activities of the same trust.
(2) The Secretary of State shall give the trust notice of every determination, and a determination may—
(a) relate to a period beginning before the date on which it is made;
(b) contain incidental or supplementary provisions; and
(c) be varied by a subsequent determination.
Government grants
3 (1) The Secretary of State may (out of moneys provided by Parliament and with the consent of the Treasury) pay to a trust, in respect of the exercise of its functions and in respect of its administrative expenses, such sums as he may (with the approval of the Treasury) determine.
(2)
The payment may be made on such terms as the Secretary of State (with the approval of the Treasury) provides.
Borrowing
4 (1) A trust may borrow temporarily, by way of overdraft or otherwise, such sums as it may require for meeting its obligations and discharging its functions—
(a) in sterling from the Secretary of State; or
(b) with the consent of the Secretary of State, or in accordance with any general authority given by the Secretary of State, either in sterling or in currency other than sterling from a person other than the Secretary of State.
(2) A trust may borrow otherwise than by way of temporary loan such sums as the trust may require—
(a) in sterling from the Secretary of State; or
(b) with the consent of the Secretary of State, in a currency other than sterling from a person other than the Secretary of State.
(3) The Secretary of State may lend to a trust any sums it has power to borrow from him under sub-paragraph (1) or sub-paragraph (2) above.
(4)
The Treasury may issue to the Secretary of State out of the National Loans Fund any sums necessary to enable him to make loans under sub-paragraph (3) above.
(5) Loans made under sub-paragraph (3)
above shall be repaid to the Secretary of State at such times and by such methods, and interest on the loans shall be paid to him at such times and at such rates, as he may determine.
(6) All sums received by the Secretary of State under sub-paragraph (5)
above shall be paid into the National Loans Fund.
(7)
References in this paragraph to the Secretary of State are references to him acting with the approval of the Treasury.
Guarantees
5 (1) The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of and the payment of interest on any sums which a trust borrows from a person or body other than the Secretary of State.
(2) Immediately after a guarantee is given under this paragraph, the Treasury shall lay a statement of the guarantee before each House of Parliament; and, where any sum is issued for fulfilling a guarantee so given, the Treasury shall lay before each House of Parliament a statement relating to that sum, as soon as possible after the end of each financial year, beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged.
(3) Any sums required by the Treasury for fulfilling a guarantee under this paragraph are to be charged on and issued out of the Consolidated Fund.
(4) If any sums are issued in fulfilment of a guarantee given under this paragraph, the trust shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments of such amounts as the Treasury so direct in or towards repayment of the sums so issued and payments of interest, at such rates as the Treasury so direct, on what is outstanding for the time being in respect of sums so issued.
(5) Any sums received by the Treasury in pursuance of sub-paragraph (4) above shall be paid into the Consolidated Fund.
Assumed debt
6 (1) On any acquisition to which this paragraph applies, a trust shall assume a debt to the Secretary of State of such amount as may be notified to the trust in writing by him, with the approval of the Treasury.
(2) This paragraph applies to any acquisition by the trust of property held—
(a) by or on behalf of the Crown; or
(b) by a company all of whose shares are held by or on behalf of the Crown or by a wholly owned subsidiary of such a company.
(3) Subject to sub-paragraph (4) below, the amount to be notified is the aggregate of the following—
(a) the consideration given when the property was first brought into public ownership; and
(b) the costs and expenses of and incidental to its being brought into public ownership.
(4) If it appears to the Secretary of State that there has been such a change in circumstances since the property was first brought into public ownership that its true value would not be reflected by reference to the consideration mentioned in sub-paragraph (3) above, the Secretary of State, with the approval of the Treasury, shall determine the amount to be notified.
(5) The rate of interest payable on the debt assumed by a trust under this paragraph, and the date from which interest is to begin to accrue, the arrangements for paying off the principal, and the other terms of the debt shall be such as the Secretary of State, with the approval of the Treasury, may from time to time determine.
(6) Different rates and dates may be determined under sub-paragraph (5) above with respect to different portions of the debt.
(7) Any sums received by the Secretary of State under sub-paragraph (5)
above shall be paid into the National Loans Fund.
Surplus funds
7 (1) Where it appears to the Secretary of State, after consultation with the Treasury and the trust, that a trust has a surplus, whether on capital or on revenue account, after making allowance by way of transfer to reserve or otherwise for its future requirements, the trust shall, if the Secretary of State with the approval of the Treasury and after consultation with the trust so directs, pay to the Secretary of State such sum not exceeding the amount of that surplus as may be specified in the direction.
(2)
Any sum received by the Secretary of State under this paragraph shall, subject to sub-paragraph (4) below, be paid into the Consolidated Fund.
(3)
The whole or part of any payment made to the Secretary of State by a trust under sub-paragraph (1) above shall, if the Secretary of State with the approval of the Treasury so determines, be treated as made by way of repayment of such part of the principal of loans under paragraph 4(3) above, and as made in respect of the repayments due at such times, as may be so determined.
(4) Any sum treated under sub-paragraph (3)
above as a repayment of a loan shall be paid by the Secretary of State into the National Loans Fund.
Financial limits
8 (1) The aggregate amount of the sums mentioned in sub-paragraph (2) below shall not exceed such sum as the Secretary of State, with the consent of the Treasury, may by order made by statutory instrument specify.
(2) The sums are—
(a) sums borrowed by all trusts under paragraph 4 above minus repayments made in respect of the sums; and
(b) sums issued by the Treasury in fulfilment of guarantees under paragraph 5 above of debts of all trusts.
(3) No order shall be made under sub-paragraph (1) above unless a draft of it has been laid before, and approved by a resolution of, the House of Commons.
Grants and loans: accounts
9 (1) The Secretary of State shall prepare in respect of each financial year an account—
(a) of the sums paid to trusts under paragraph 3 above;
(b) of the sums issued to him under paragraph 4(4) above and the sums received by him under paragraph 4(5) above and of the disposal by him of those sums; and
(c) of the sums paid into the Consolidated Fund or National Loans Fund under paragraph 7 above.
(2) The Secretary of State shall send the account to the Comptroller and Auditor General before the end of the month of November next following the end of that year.
(3) The Comptroller and Auditor General shall examine, certify and report on the account and lay copies of it and of his report before each House of Parliament.
(4) The form of the account and the manner of preparing it shall be such as the Treasury may direct.
Part III General Accounts Etc.
Accounts
10 (1) A trust shall keep proper accounts and other records in relation to them.
(2) The accounts and records shall show, in respect of the financial year to which they relate, a true and fair view of the trust’s activities.
(3) A trust shall prepare in respect of each financial year a statement of accounts complying with any requirement which the Secretary of State has (with the consent of the Treasury) notified in writing to the trust relating to—
(a) the information to be contained in the statement;
(b) the manner in which the information is to be presented; and
(c) the methods and principles according to which the statement is to be prepared.
(4) Subject to any requirement notified to the trust under sub-paragraph (3) above, in preparing any statement of accounts in accordance with that sub-paragraph the trust shall follow, with respect to each of the matters specified in paragraphs (a) to (c) of that sub-paragraph, such course as may for the time being be approved by the Secretary of State with the consent of the Treasury.
(5) Section 6 of the National Audit Act 1983 (which enables the Comptroller and Auditor General to conduct examinations into the economy, efficiency and effectiveness with which certain departments, authorities and bodies have used their resources) shall apply to a trust.
Audit
11 (1) The trust’s accounts and statements of accounts shall be audited by an auditor to be appointed annually by the Secretary of State in relation to the trust.
(2) A person shall not be appointed under sub-paragraph (1) above unless he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006.
(3) A person shall not be qualified for appointment under sub-paragraph (1) above if the person is—
(a) a member, officer or servant of the trust,
(b) a partner of, or employed by, a member, officer or servant of the trust, . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transmission to Secretary of State
12 As soon as the accounts and statement of accounts of the trust for any financial year have been audited, the trust shall send to the Secretary of State a copy of the statement, together with a copy of any report made by the auditor on the statement or on the accounts.
Reports
13 (1) As soon as possible after the end of each financial year, a trust shall make to the Secretary of State a report dealing generally with the trust’s operations during the year, and shall include in the report a copy of its audited statement of accounts for that year.
(2) Without prejudice to the generality of sub-paragraph (1) above, a report shall give particulars of the name and address of every person who, in the financial year to which the report relates, has received financial assistance from the trust under section 71(1) of this Act, together with particulars of the form of the assistance, the amount involved and the purpose for which the assistance was given.
(3) The Secretary of State shall lay a copy of the report before each House of Parliament.
Information
14 Without prejudice to paragraph 13 above, a trust shall provide the Secretary of State with such information relating to its activities as he may require, and for that purpose shall permit any person authorised by the Secretary of State to inspect and make copies of the accounts, books, documents or papers of the trust and shall afford such explanation of them as that person or the Secretary of State may reasonably require.
SCHEDULE 9 Orders Vesting Land in Housing Action Trusts
Section 76.
Part I Provisions Supplementing Section 76(1)—(3)
1 In this Part of this Schedule “the principal section” means section 76 of this Act.
2 (1) In the principal section and paragraph 3 below, “statutory undertakers” and “statutory undertaking” shall be construed in accordance with paragraph 4 below.
(2) In the principal section and the following provisions of this Part of this Schedule, “wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006.
3 (1) In subsection (3) of the principal section the reference to the Secretary of State and the appropriate Minister—
(a) in relation to statutory undertakers who are also statutory undertakers for the purposes of any provision of Part XI of the Town and Country Planning Act 1990, shall be construed as if contained in that Part; and
(b) in relation to any other statutory undertakers shall be construed in accordance with an order made by the Secretary of State.
(2) If, for the purposes of subsection (3) of the principal section, any question arises as to which Minister is the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.
4 In the principal section and, except where the context otherwise requires, in paragraph 3 above “statutory undertakers” means—
(a) persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of electricity, hydraulic power or water;
(b) ... the British Steel Corporation, the Civil Aviation Authority, . . ., . . ., . . . and any other authority, body or undertakers which, by virtue of any enactment, are to be treated as statutory undertakers for any of the purposes of the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 or the Planning (Hazardous Substances) Act 1990;
(c) any other authority, body or undertakers specified in an order made by the Secretary of State; and
(d) any wholly-owned subsidiary of any person, authority, body or undertakers mentioned in sub-paragraphs (a) and (b) above or specified in an order made under sub-paragraph (c) above;
and “statutory undertaking” shall be construed accordingly.
5 An order under any provision of this Part of this Schedule shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Part II Modifications of Enactments
Land Compensation Act 1961
6 The Land Compensation Act 1961 shall have effect in relation to orders under section 76 of this Act subject to the modifications in paragraphs 7 to 11 below.
7 References to the date of service of a notice to treat shall be treated as references to the date on which an order under section 76 of this Act comes into force.
8 Section 17(2) shall be treated as if for the words “the acquiring authority have served a notice to treat in respect of the interest or an agreement has been made for the sale of the interest to that authority” there were substituted the words “an order under section 76 of the Housing Act 1988 vesting the land in which the interest subsists in a housing action trust has come into force, or an agreement has been made for the sale of the interest to such a trust”.
9 In section 22—
(a) subsection (2) shall be treated as if at the end of paragraph (c) there were added the words
or
(cc) where an order has been made under section 76 of the Housing Act 1988 vesting the land in which the interest subsists in a housing action trust
; and
(b) subsection (3) shall be treated as if, in paragraph (a), after the words “paragraph (b)” there were inserted “or paragraph (cc)”.
10 Any reference to a notice to treat in section 39(2) shall be treated as a reference to an order under section 76 of this Act.
11 In Schedule 2, paragraph 1(2) shall be treated as if at the end there were added the following paragraph—
(k) an acquisition by means of an order under section 76 of the Housing Act 1988 vesting land in a housing action trust.
Compulsory Purchase (Vesting Declarations) Act 1981
12 (1) In Schedule 2 to the Compulsory Purchase (Vesting Declarations) Act 1981 (vesting of land in urban development corporation), in paragraph I after the word “declaration)” there shall be inserted “ or under section 76 of the Housing Act 1988 (subsection (5) of which contains similar provision) ”.
(2) At the end of sub-paragraph (a) of paragraph 3 of that Schedule there shall be added “ or, as the case may be, the housing action trust ”.
Section 78.
Part I Modifications of Acquisition of Land Act 1981
1 The Acquisition of Land Act 1981 (in this Part referred to as “the 1981 Act”) shall apply in relation to the compulsory acquisition of land under section 77 of this Act with the modifications made by this Part of this Schedule.
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 The reference in section 17(3) of the 1981 Act to statutory undertakers includes a reference to a housing action trust.
Part II Land: Supplementary
Extinguishment of rights over land
4 (1) Subject to this paragraph, on an order under section 76 of this Act coming into force or the completion by a housing action trust of a compulsory acquisition of land under Part III of this Act, all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land shall be extinguished, and any such apparatus shall vest in the trust.
(2) Sub-paragraph (1) above does not apply—
(a) to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of carrying on their undertaking; or
(b) to any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network system or to any electronic communications apparatus kept installed for the purposes of any such network .
(3) In respect of any right or apparatus not falling within sub-paragraph (2) above, sub-paragraph (1) above shall have effect subject—
(a) to any direction given by the Secretary of State before the coming into force of the order (or, as the case may be, by the trust before the completion of the acquisition) that sub-paragraph (1) above shall not apply to any right or apparatus specified in the direction, and
(b) to any agreement which may be made (whether before or after the coming into force of the order or completion of the acquisition) between the Secretary of State (or trust) and the person in or to whom the right or apparatus in question is vested or belongs.
(4) Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this paragraph shall be entitled to compensation from the trust.
(5) Any compensation payable under this paragraph shall be determined in accordance with the Land Compensation Act 1961.
...
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consecrated land and burial grounds
6 (1) Any consecrated land, whether including a building or not, which has been vested in or acquired by a housing action trust for the purposes of Part III of this Act may (subject to the following provisions of this paragraph) be used by the trust, or by any other person, in any manner in accordance with planning permission, notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land.
(2) Sub-paragraph (1) above does not apply to land which consists or forms part of a burial ground.
(3) Any use of consecrated land authorised by sub-paragraph (1) above, and the use of any land, not being consecrated land, vested or acquired as mentioned in that sub-paragraph which at the time of acquisition included a church or other building used or formerly used for religious worship or the site thereof, shall be subject to compliance with the prescribed requirements with respect to the removal and reinterment of any human remains, and the disposal of monuments and fixtures and furnishings; and, in the case of consecrated land, shall be subject to such provisions as may be prescribed for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part thereof, remains on the land.
(4) Any regulations made for the purposes of sub-paragraph (3) above—
(a) shall contain such provisions as appear to the Secretary of State to be requisite for securing that any use of land which is subject to compliance with the regulations shall, as nearly as may be, be subject to the like control as is imposed by law in the case of a similar use authorised by an enactment not contained in this Act or by a Measure, or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure;
(b) shall contain requirements relating to the disposal of any such land as is mentioned in sub-paragraph (3) above such as appear to the Secretary of State requisite for securing that the provisions of that sub-paragraph shall be complied with in relation to the use of the land; and
(c) may contain such incidental and consequential provisions (including provision as to the closing of registers) as appear to the Secretary of State to be expedient for the purposes of the regulations.
(5) Any land consisting of a burial ground or part of a burial ground which has been vested in or acquired by a housing action trust for the purposes of Part III of this Act may be used by the trust in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to burial grounds or any obligation or restriction imposed under ecclesiastical law or otherwise in respect of burial grounds.
(6) Sub-paragraph (5) above shall not have effect in respect of any land which has been used for the burial of the dead until the prescribed requirements with respect to the removal and reinterment of human remains and the disposal of monuments in or upon the land have been complied with.
(7) Provision shall be made by any regulations made for the purposes ofsub-paragraphs (3) and (6) above—
(a) for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and reinterment of any human remains or the disposal of any monuments; and
(b) for enabling the personal representatives or relatives of any deceased person themselves to undertake the removal and reinterment of the remains of the deceased and the disposal of any monument commemorating the deceased, and for requiring the persons in whom the land is vested to defray the expenses of such removal, reinterment and disposal, not exceeding such amount as may be prescribed; and
(c) for requiring compliance with such reasonable conditions (if any) as may be imposed, in the case of consecrated land, by the bishop of the diocese, with respect to the manner of removal and the place and manner of reinterment of any human remains and the disposal of any monuments; and
(d) for requiring compliance with any directions given in any case by the Secretary of State with respect to the removal and reinterment of any human remains.
(8) Subject to the provisions of any such regulations as are referred to in sub-paragraph (7) above, no faculty shall be required for the removal and reinterment in accordance with the regulations of any human remains or for the removal or disposal of any monuments, and the provisions of section 25 of the Burial Act 1857 (which prohibits the removal of human remains without the licence of the Secretary of State except in certain cases) shall not apply to a removal carried out in accordance with the regulations.
(9) Any power conferred by this paragraph to use land in a manner therein mentioned shall be construed as a power so to use the land, whether it involves the erection, construction or carrying out of any building or work, or the maintenance of any building or work, or not.
(10) Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such obligation, restriction or enactment as is mentioned in sub-paragraph (1) or sub-paragraph (5) above.
(11) Nothing in this paragraph shall be construed as authorising any act or omission on the part of a housing action trust, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the trust or body.
(12) In this paragraph “burial ground” includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, and “monument” includes a tombstone or other memorial.
(13) In this paragraph “prescribed” means prescribed by regulations made by the Secretary of State.
(14) The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Open spaces
7 (1) Any land being, or forming part of, a common, open space or fuel or field garden allotment, which has been vested in or acquired by a housing action trust for the purposes of Part III of this Act may be used by the trust, or by any other person, in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated.
(2) Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such enactment as is mentioned in sub-paragraph (1) above.
(3) Nothing in this paragraph shall be construed as authorising any act or omission on the part of a housing action trust, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the trust or body.
Displacement of persons
8 If the Secretary of State certifies that possession of a house which has been vested in or acquired by a housing action trust for the purposes of Part III of this Act and is for the time being held by that trust for the purposes for which it was acquired, is immediately required for those purposes, nothing in the Rent (Agriculture) Act 1976 or the Rent Act 1977 or this Act shall prevent that trust from obtaining possession of the house.
Extinguishment of public rights of way
9 (1) Where any land has been vested in or acquired by a housing action trust for the purposes of Part III of this Act and is for the time being held by that trust for those purposes, the Secretary of State may by order extinguish any public right of way over the land.
(2) Where the Secretary of State proposes to make an order under this paragraph, he shall publish in such manner as appears to him to be requisite a notice—
(a) stating the effect of the order, and
(b) specifying the time (not being less than 28 days from the publication of the notice) within which, and the manner in which, objections to the proposal may be made,
and shall serve a like notice—
(i) on the local planning authority in whose area the land is situated; and
(ii) on the relevant highway authority.
(3) In sub-paragraph (2) above “the relevant highway authority” means any authority which is a highway authority in relation to the right of way proposed to be extinguished by the order under this paragraph.
(4) Where an objection to a proposal to make an order under this paragraph is duly made and is not withdrawn, the provisions of paragraph 10 below shall have effect in relation to the proposal.
(5) For the purposes of this paragraph an objection to such a proposal shall not be treated as duly made unless—
(a) it is made within the time and in the manner specified in the notice required by this paragraph; and
(b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection.
(6) Where it is proposed to make an order under this paragraph extinguishing a public right of way over a road on land acquired for the purposes of this Act by a housing action trust and compensation in respect of restrictions imposed under section 1 or section 2 of the Restriction of Ribbon Development Act 1935 in respect of that road has been paid by the highway authority (or, in the case of a trunk road, by the authority which, when the compensation was paid, was the authority for the purposes of section 4 of the Trunk Roads Act 1936), the order may provide for the payment by the housing action trust to that authority, in respect of the compensation so paid, of such sums as the Secretary of State, with the consent of the Treasury, may determine.
(7) Where the Secretary of State makes an order under this paragraph on the application of a housing action trust, he shall send a copy of it to the universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) who provides a universal postal service (within the meaning of that Part) for the area in which the land is situated.
10 (1) In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification, if any, ought to be made.
(2) Unless the Secretary of State decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the Secretary of State shall, before making a final decision, consider the grounds of the objection as set out in the statement comprised in or submitted with the objection, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.
(3) In so far as the Secretary of State, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the Secretary of State may treat the objection as irrelevant for the purpose of making a final decision.
(4) If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the Secretary of State is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required, it is not submitted within the specified period, the Secretary of State may make a final decision without further investigation as to those matters.
(5) Subject to sub-paragraphs (3) and (4) above, the Secretary of State, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State; and if the objector avails himself of that opportunity, the Secretary of State shall afford an opportunity of appearing and being heard on the same occasion to the housing action trust on whose representation the order is proposed to be made, and to any other persons to whom it appears to the Secretary of State to be expedient to afford such an opportunity.
(6) Notwithstanding anything in the preceding provisions of this paragraph, if it appears to the Secretary of State that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.
Telegraphic lines
11 (1) Where an order under paragraph 9 above extinguishing a public right of way is made on the application of a housing action trust and at the time of the publication of the notice required by sub-paragraph (2) of that paragraph any electronic communications apparatus was kept installed for the purposes of an electronic communications code network under, in, on, over, along or across the land over which the right of way subsisted—
(a) the power of the operator of the network to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished and shall be exercisable in respect of the whole or any part of the apparatus after the end of that period if before the end of that period the operator of the network has given notice to the trust of his intention to remove the apparatus or that part of it, as the case may be;
(b) the operator of the network may by notice given in that behalf to the trust not later than the end of the said period of three months abandon the electronic communications apparatus or any part of it;
(c) subject to paragraph (b) above, the operator of the network shall be deemed at the end of that period to have abandoned any part of the apparatus which he has then neither removed nor given notice of his intention to remove;
(d) the operator of the network shall be entitled to recover from the trust the expense of providing, in substitution for the apparatus and any other electronic communications apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any telecommunication apparatus in such other place as the operator may require; and
(e) where under the preceding provisions of this sub-paragraph the operator of the network has abandoned the whole or any part of any electronic communications apparatus , that apparatus or that part of it shall vest in the trust and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of an electronic communications code network
(2) As soon as practicable after the making of an order under paragraph 9 above extinguishing a public right of way in circumstances in which sub-paragraph (1) above applies in relation to the operator of an electronic communications code network , the Secretary of State shall give notice to the operator of the making of the order.
Statutory undertakers
12 (1) Where any land has been acquired by a housing action trust under section 77 of this Act and—
(a) there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over that land, or
(b) there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking,
the trust, if satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus, is necessary for the purpose of carrying out any development, may serve on the statutory undertakers a notice stating that, at the end of the period of 28 days from the date of service of the notice or such longer period as may be specified therein, the right will be extinguished or requiring that, before the end of that period, the apparatus shall be removed.
(2) The statutory undertakers on whom a notice is served under sub-paragraph (1) above may, before the end of the period of 28 days from the service of the notice, serve a counter-notice on the trust stating that they object to all or any provisions of the notice and specifying the grounds of their objection.
(3) If no counter-notice is served under sub-paragraph (2) above—
(a) any right to which the notice relates shall be extinguished at the end of the period specified in that behalf in the notice; and
(b) if, at the end of the period so specified in relation to any apparatus, any requirement of the notice as to the removal of the apparatus has not been complied with, the trust may remove the apparatus and dispose of it in any way it may think fit.
(4) If a counter-notice is served under sub-paragraph (2) above on a trust, the trust may either withdraw the notice (without prejudice to the service of a further notice) or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph embodying the provisions of the notice with or without modification.
(5) Where by virtue of this paragraph any right vested in or belonging to statutory undertakers is extinguished, or any requirement is imposed on statutory undertakers, those undertakers shall be entitled to compensation from the trust.
(6) Sections 280 and 282 of the Town and Country Planning Act 1990 (measure of compensation to statutory undertakers) shall apply to compensation under sub-paragraph (5) above as they apply to compensation under section 279(2) of that Act.
(7) Except in a case in which paragraph 11 above has effect—
(a) the reference in paragraph (a) of sub-paragraph (1) above to a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to a right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network ; and
(b) the reference in paragraph (b) of that sub-paragraph to apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to electronic communications apparatus kept installed for the purposes of any such network .
(8) Where paragraph (a) or paragraph (b) of sub-paragraph (1) above has effect as mentioned in sub-paragraph (7) above, in the rest of this paragraph and in paragraph 13 below,—
(a) any reference to statutory undertakers shall have effect as a reference to the operator of any such network as is referred to in sub-paragraph (7) above; and
(b) any reference to the appropriate Minister shall have effect as a reference to the Secretary of State for Trade and Industry.
13 (1) Before making an order under paragraph 12(4) above the Ministers proposing to make the order—
(a) shall afford to the statutory undertakers on whom notice was served under paragraph 12(1) above an opportunity of objecting to the application for the order; and
(b) if any objection is made, shall consider the objection and afford to those statutory undertakers and to the trust on whom the counter-notice was served, an opportunity of appearing before and being heard by a person appointed by the Secretary of State and the appropriate Minister for the purpose;
and the Ministers may then, if they think fit, make the order in accordance with the application either with or without modification.
(2) Where an order is made under paragraph 12(4) above—
(a) any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and
(b) if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the trust may remove the apparatus and dispose of it in any way it may think fit.
14 (1) Subject to this paragraph, where any land has been acquired by a housing action trust under section 77 of this Act and—
(a) there is on, under or over the land apparatus vested in or belonging to statutory undertakers, and
(b) the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,
the undertakers may serve on the trust a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.
(2) Where, after the land has been acquired as mentioned in sub-paragraph (1) above, development of the land is begun to be carried out, no notice under this paragraph shall be served later than 21 days after the beginning of the development.
(3) Where a notice is served under this paragraph the trust on which it is served may, before the end of the period of 28 days from the date of service, serve on the statutory undertakers a counter-notice stating that it objects to all or any of the provisions of the notice and specifying the grounds of its objection.
(4) If no counter-notice is served under sub-paragraph (3) above, the statutory undertakers shall, after the end of the said period of 28 days, have the rights claimed in their notice.
(5) If a counter-notice is served under sub-paragraph (3) above, the statutory undertakers who served the notice under this paragraph may either withdraw it or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them.
(6) Where by virtue of this paragraph or an order of Ministers made under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the trust for the works to be carried out by the trust, under the superintendence of the undertakers, instead of by the undertakers themselves.
(7) Where works are carried out for the removal or re-siting of statutory undertakers’ apparatus, being works which the undertakers have the right to carry out by virtue of this paragraph or an order of Ministers made under it, the undertakers shall be entitled to compensation from the trust.
(8) Sections 280 and 282 of the Town and Country Planning Act 1990 (measure of compensation to statutory undertakers) shall apply to compensation under sub-paragraph (7) above as they apply to compensation under section 279(4) of that Act.
(9) In sub-paragraph (1)(a) above, the reference to apparatus vested in or belonging to statutory undertakers shall include a reference to electronic communications apparatus kept installed for the purposes of an electronic communications code network .
(10) Where sub-paragraph (1)(a) above has effect as mentioned in sub-paragraph (9) above, in the rest of this paragraph—
(a) any reference to statutory undertakers shall have effect as a reference to the operator of any such network as is referred to in sub-paragraph (9) above; and
(b) any reference to the appropriate Minister shall have effect as a reference to the Secretary of State for Trade and Industry.
15 (1) The powers conferred by this paragraph shall be exercisable where, on a representation made by statutory undertakers, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of those undertakers should be extended or modified, in order—
(a) to secure the provision for a designated area of services which would not otherwise be provided, or which would not otherwise be satisfactorily provided; or
(b) to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in sub-paragraph (2) below.
(2) The said acts and events are—
(a) the acquisition under Part III of this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers in question; and
(b) the extinguishment of a right or the imposition of any requirements by virtue of paragraph 12 above.
(3) The powers conferred by this paragraph shall also be exercisable where, on a representation made by a housing action trust, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of statutory undertakers should be extended or modified, in order to secure the provision of new services, or the extension of existing services, for the purposes of a designated area under Part III of this Act.
(4) Where the powers conferred by this paragraph are exercisable, the Secretary of State and the appropriate Minister may, if they think fit, by order provide for such extension or modification of the powers and duties of the statutory undertakers as appears to them to be requisite in order to secure the provision of the services in question, as mentioned in sub-paragraph (1)(a) or sub-paragraph (3) above, or to secure the adjustment in question, as mentioned in sub-paragraph (1)(b) above, as the case may be.
(5) Without prejudice to the generality of sub-paragraph (4) above, an order under this paragraph may make provision—
(a) for empowering the statutory undertakers to acquire (whether compulsorily or by agreement) any land specified in the order, and to erect or construct any buildings or works so specified;
(b) for applying, in relation to the acquisition of any such land or the construction of any such works, enactments relating to the acquisition of land and the construction of works;
(c) where it has been represented that the making of the order is expedient for the purposes mentioned in sub-paragraph (1)(a) or sub-paragraph (3) above, for giving effect to such financial arrangements between the housing action trust and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order; and
(d) for such incidental and supplemental matters as appear to the Secretary of State and the appropriate Minister to be expedient for the purposes of the order.
16 (1) As soon as may be after making such a representation as is mentioned in sub-paragraph (1) or sub-paragraph (3) of paragraph 15 above—
(a) the statutory undertakers, in a case falling within sub-paragraph (1), or
(b) the housing action trust, in a case falling within sub-paragraph (3),
shall publish, in such form and manner as may be directed by the Secretary of State and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, and shall also, if it is so directed by the Secretary of State and the appropriate Minister, serve a like notice on such persons, or persons of such classes, as may be so directed.
(2) Orders under paragraph 15 above shall be subject to special parliamentary procedure.
17 (1) Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligations incurred by those undertakers in connection with the carrying on of their undertaking has been rendered impracticable by an act or event to which this sub-paragraph applies, the appropriate Minister may, if he thinks fit, by order direct that the statutory undertakers shall be relieved of the fulfilment of that obligation, either absolutely or to such extent as may be specified in the order.
(2) Sub-paragraph (1) above applies to the following acts and events—
(a) the compulsory acquisition under this Part of this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers; and
(b) the extinguishment of a right or the imposition of any requirement by virtue of paragraph 12 above.
(3) As soon as may be after making a representation to the appropriate Minister under sub-paragraph (1) above, the appropriate statutory undertakers shall, as may be directed by the appropriate Minister, either publish (in such form and manner as may be so directed) a notice giving such particulars as may be so directed of the matters to which the representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, or serve such a notice on such persons, or persons of such classes, as may be so directed, or both publish and serve such notices.
(4) If any objection to the making of an order under this paragraph is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure.
(5) Immediately after an order is made under this paragraph by the appropriate Minister, he shall publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours, and shall serve a like notice—
(a) on any person who duly made an objection to the order and has sent to the appropriate Minister a request in writing to serve him with the notice required by this sub-paragraph, specifying an address for service; and
(b) on such other persons (if any) as the appropriate Minister thinks fit.
(6) Subject to the following provisions of this paragraph, an order under this paragraph shall become operative on the date on which the notice required by sub-paragraph (5) above is first published.
(7) Where in accordance with sub-paragraph (4) above the order is subject to special parliamentary procedure, sub-paragraph (6) above shall not apply.
(8) If any person aggrieved by an order under this paragraph wishes to question the validity of the order on the ground that it is not within the powers conferred by this paragraph, or that any requirement of this paragraph has not been complied with in relation to the order, he may, within six weeks from the date on which the notice required by sub-paragraph (5) above is first published, make an application to the High Court under this paragraph.
(9) On any application under sub-paragraph (8) above the High Court—
(a) may by interim order wholly or in part suspend the operation of the order, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and
(b) if satisfied that the order is wholly or to any extent outside the powers conferred by this paragraph, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of this paragraph, may wholly or in part quash the order, either generally or in so far as it affects any property of the applicant.
(10) Subject to sub-paragraph (8) above, the validity of an order under this paragraph shall not be questioned in any legal proceedings whatsoever, either before or after the order has been made.
18 (1) For the purposes of paragraphs 15 and 17 above, an objection to the making of an order thereunder shall not be treated as duly made unless—
(a) the objection is made within the time and in the manner specified in the notice required by paragraph 16 or (as the case may be) paragraph 17 above; and
(b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection.
(2) Where an objection to the making of such an order is duly made in accordance with sub-paragraph (1) above and is not withdrawn, the following provisions of this paragraph shall have effect in relation thereto; but, in the application of those provisions to an order under paragraph 15 above, any reference to the appropriate Minister shall be construed as a reference to the Secretary of State and the appropriate Minister.
(3) Unless the appropriate Minister decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the appropriate Minister, before making a final decision, shall consider the grounds of the objection as set out in the statement, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.
(4) In so far as the appropriate Minister after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision.
(5) If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required it is not submitted within the specified period, the appropriate Minister may make a final decision without further investigation as to those matters.
(6) Subject to sub-paragraphs (4) and (5) above, the appropriate Minister, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the appropriate Minister; and if the objector avails himself of that opportunity, the appropriate Minister shall afford an opportunity of appearing and being heard on the same occasion to the statutory undertakers, local authority or Minister on whose representation the order is proposed to be made, and to any other persons to whom it appears to the appropriate Minister to be expedient to afford such an opportunity.
(7) Notwithstanding anything in the preceding provisions of this paragraph, if it appears to the appropriate Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.
(8) In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification (if any) ought to be made.
Interpretation
19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III Acquisition of Rights
20 (1) The Compulsory Purchase Act 1965 (in this Part of the Schedule referred to as “the 1965 Act”) shall have effect with the modifications necessary to make it apply to the compulsory purchase of rights by virtue of section 77(5) of this Act as it applies to the compulsory purchase of land so that, in appropriate contexts, references in the 1965 Act to land are read as referring, or as including references, to the rights or to land over which the rights are or are to be exercisable, according to the requirements of the particular context.
(2) Without prejudice to the generality of sub-paragraph (1) above, in relation to the purchase of rights in pursuance of section 77(5) of this Act—
(a) Part I of the 1965 Act (which relates to compulsory purchases under the Acquisition of Land Act 1981) shall have effect with the modifications specified in paragraphs 21 to 23 below; and
(b) the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.
21 (1) For section 7 of the 1965 Act (which relates to compensation) there shall be substituted the following—
7 (1) In assesssing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent, if any, to which the value of the land over which the right is purchased is depreciated by the purchase but also to the damage, if any, to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right.
(2) The modifications subject to which subsection (1) of section 44 of the Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that for the words “land is acquired or taken” there shall be substituted the words “a right over land is purchased” and for the words “acquired or taken from him” there shall be substituted the words “over which the right is exercisable”.
22 Section 8(1) of the Compulsory Purchase Act 1965 has effect as if references to acquiring land were to acquiring a right in the land, and Schedule 2A to that Act is to be read as if, for that Schedule, there were substituted—
SCHEDULE 2A
Counter-notice requiring purchase of land
Introduction
1 (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory.
(2) But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).
2 In this Schedule “house” includes any park or garden belonging to a house.
Counter-notice requiring purchase of land
3 A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory.
4 A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.
Response to counter-notice
5 On receiving a counter-notice the acquiring authority must decide whether to—
(a) withdraw the notice to treat,
(b) accept the counter-notice, or
(c) refer the counter-notice to the Upper Tribunal.
6 The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).
7 If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.
8 If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.
9 If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory.
Determination by Upper Tribunal
10 On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would—
(a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or
(b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.
11 In making its determination, the Upper Tribunal must take into account—
(a) the effect of the acquisition of the right,
(b) the proposed use of the right, and
(c) if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.
12 If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the authority ought to be required to take.
13 If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land.
14 (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.
(2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.
(3) Any dispute as to the compensation is to be determined by the Upper Tribunal.
23 (1) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), namely—
section 9(4) (failure of owners to convey),
paragraph 10(3) of Schedule 1 (owners under incapacity),
paragraph 2(3) of Schedule 2 (absent and untraced owners), and
paragraphs 2(3) and 7(2) of Schedule 4 (common land),
shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.
(2) Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer's or sheriff's warrant in the event of obstruction) of the Act shall be modified correspondingly.
(3) Section 20 of the 1965 Act (compensation for short-term tenants) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.
(4) Section 22 of the 1965 Act (protection of acquiring authority’s possession of land where by inadvertence an interest in the land has not been purchased) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right in question, subject to compliance with that section as respects compensation.
SCHEDULE 11 Provisions Applicable to Certain Disposals of Houses
Section 79(13).
Repayment of discount on early disposal
1 (1) This paragraph applies where, on the disposal of a house under section 79 of this Act, a discount is given to the purchaser by the housing action trust in accordance with a consent given by the Secretary of State under subsection (1) of that section and that consent does not exclude the application of this paragraph.
(2) On the disposal, the conveyance, grant or assignment shall contain a covenant binding on the purchaser and his successors in title to the following effect.
(3) The covenant shall be to pay to the housing action trust such sum (if any) as the trust may demand in accordance with sub-paragraph (4) on the occasion of the first relevant disposal (other than an exempted disposal) which takes place within the period of five years beginning with the conveyance, grant or assignment.
(4) The trust may demand such sum as it considers appropriate, up to and including the maximum amount specified in this paragraph.
(5) The maximum amount which may be demanded by the trust is a percentage of the price or premium paid for the first relevant disposal which is equal to the percentage discount given to the purchaser in respect of the disposal of the house under section 79.
(6) But for each complete year which has elapsed after the conveyance, grant or assignment and before the first relevant disposal the maximum amount which may be demanded by the trust is reduced by one-fifth.
(7) Sub-paragraphs (4) to (6) are subject to paragraph 1A.
Increase in value of house attributable to home improvements
1A (1) In calculating the maximum amount which may be demanded by the housing action trust under paragraph 1, such amount (if any) of the price or premium paid for the first relevant disposal which is attributable to improvements made to the house—
(a) by the person by whom the disposal is, or is to be, made, and
(b) after the conveyance, grant or assignment and before the disposal,
shall be disregarded.
(2) The amount to be disregarded under this paragraph shall be such amount as may be agreed between the parties or determined by the district valuer.
(3) The district valuer shall not be required by virtue of this paragraph to make a determination for the purposes of this paragraph unless—
(a) it is reasonably practicable for him to do so; and
(b) his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made.
(4) If the district valuer does not make a determination for the purposes of this paragraph (and in default of an agreement), no amount is required to be disregarded under this paragraph.
Obligation to repay a charge on the house
2 (1) The liability that may arise under the covenant required by paragraph 1 above is a charge on the house, taking effect as if it had been created by deed expressed to be by way of legal mortgage.
(2) The charge has priority immediately after any legal charge securing an amount—
(a) left outstanding by the purchaser; or
(b) advanced to him by an approved lending institution for the purpose of enabling him to acquire the interest disposed of on the first disposal; or
(c) further advanced to him by that institution;
but the housing action trust may at any time by written notice served on an approved lending institution postpone the charge taking effect by virtue of this paragraph to a legal charge securing an amount advanced or further advanced to the purchaser by that institution.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The covenant required by paragraph 1 above does not, by virtue of its binding successors in title of the purchaser, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of this paragraph, or a person deriving title under him; and a provision of the conveyance, grant or assignment, or of a collateral agreement, is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with the covenant.
(5) The approved lending institutions for the purposes of this paragraph are—
(a) a building society;
(b) a bank;
(c) an insurance company;
(d) a friendly society; and
(e) an authorised mortgage lender (within the meaning of the Housing Act 1985 (see section 622 of that Act)).
Right of first refusal for housing action trust
2A (1) This paragraph applies where, on the disposal of a house under section 79 of this Act, a discount is given to the purchaser by the housing action trust in accordance with a consent given by the Secretary of State under subsection (1) of that section and that consent does not exclude the application of this paragraph.
(2) On the disposal, the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title.
(3) The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance, grant or assignment, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal.
(4) In sub-paragraph (3) “the prescribed conditions” means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made.
(5) The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on—
(a) a housing action trust which has made a disposal as mentioned in sub-paragraph (1), or
(b) such other person as is determined in accordance with the regulations,
a right of first refusal to have a disposal within sub-paragraph (6) made to him for such consideration as is mentioned in paragraph 2B.
(6) The disposals within this sub-paragraph are—
(a) a reconveyance or conveyance of the house; and
(b) a surrender or assignment of the lease.
(7) Regulations under this paragraph may, in particular, make provision—
(a) for the purchaser to offer to make such a disposal to such person or persons as may be prescribed;
(b) for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted;
(c) for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer;
(d) for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the purchaser and any other prescribed person;
(e) for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person;
(f) for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken;
(g) for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the purchaser is able to make a disposal on the open market;
(h) for the manner in which any offer, acceptance or notification is to be communicated.
(8) In sub-paragraph (7) any reference to the purchaser is a reference to the purchaser or his successor in title.
Nothing in that sub-paragraph affects the generality of sub-paragraph (5).
(9) Regulations under this paragraph—
(a) may make different provision with respect to different cases or descriptions of case; and
(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(10) The limitation imposed by a covenant within sub-paragraph (3) is a local land charge.
(11) The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.
Consideration payable for disposal under paragraph 2A
2B (1) The consideration for a disposal made in respect of a right of first refusal as mentioned in paragraph 2A(5) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the house at the time when the offer is made (as determined in accordance with regulations under that paragraph).
(2) That value shall be taken to be the price which, at that time, the interest to be reconveyed, conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under the covenant required by paragraph 1 (repayment of discount on early disposal) would be discharged by the vendor.
(3) If the offer is accepted in accordance with regulations under paragraph 2A, no payment shall be required in pursuance of any such covenant as is mentioned in sub-paragraph (2), but the consideration shall be reduced, subject to sub-paragraph (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant.
(4) Where there is a charge on the house having priority over the charge to secure payment of the sum due under the covenant mentioned in sub-paragraph (2), the consideration shall not be reduced under sub-paragraph (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer (as determined in accordance with regulations under paragraph 2A).
Relevant disposals
3 (1) A disposal, whether of the whole or part of the house, is a relevant disposal for the purpose of this Schedule if it is—
(a) a conveyance of the freehold or an assignment of the lease; or
(b) the grant of a lease or sub-lease (other than a mortgage term) for a term of more than 21 years otherwise than at a rack rent.
(2) For the purposes of sub-paragraph (1)(b) above it shall be assumed—
(a) that any option to renew or extend a lease or sub-lease, whether or not forming part of a series of options, is exercised; and
(b) that any option to terminate a lease or sub-lease is not exercised.
Exempted disposals
4 (1) A disposal is an exempted disposal for the purposes of this Schedule if—
(a) it is a disposal of the whole of the house and a conveyance of the freehold or an assignment of the lease and the person or each of the persons to whom it is made is a qualifying person (as defined in sub-paragraph (2) below);
(b) it is a vesting of the whole of the house in a person taking under a will or on an intestacy;
(c) it is a disposal of the whole of the house in pursuance of an such order as is mentioned in sub-paragraph (4) below;
(d) it is a compulsory disposal; or
(e) the property disposed of is property included with the house as being such a yard, garden, outhouse or appurtenance as is referred to in section 92(1)(b) of this Act.
(2) For the purposes of sub-paragraph (1)(a) above, a person is a qualifying person in relation to a disposal if—
(a) he is the person or one of the persons by whom the disposal is made;
(b) he is the spouse or a former spouse , or the civil partner or a former civil partner, of that person or one of those persons; or
(c) he is a member of the family of that person or one of those persons and has resided with him throughout the period of twelve months ending with the disposal.
(3) Section 186 of the Housing Act 1985 applies to determine whether a person is a member of another person’s family for the purposes of sub-paragraph (2)(c) above.
(4) The orders referred to in sub-paragraph (1)(c) above are orders under—
(a) section 24 or 24A of the Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings),
(b) section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate),
(c) section 17 of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, &c.),. . .
(d) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) , or
(e) Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders, or orders for the sale of property, in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).
Compulsory disposal
5 In this Schedule a “compulsory disposal” means a disposal of property which is acquired compulsorily, or is acquired by a person who has made or would have made, or for whom another person has made or would have made, a compulsory purchase order authorising its compulsory purchase for the purposes for which it is acquired.
Exempted disposals ending obligation under covenants
6 Where there is a relevant disposal which is an exempted disposal by virtue of paragraph 4(1)(d) or paragraph 4(1)(e) above—
(a) the covenant required by paragraph 1 above is not binding on the person to whom the disposal is made or any successor in title of his; and
(b) that covenant and the charge taking effect by virtue of paragraph 2 above cease to apply in relation to the property disposed of.
and
(c) the covenant required by paragraph 2A above is not binding on the person to whom the disposal is made or any successor in title of his; and
(d) that covenant ceases to apply in relation to the property disposed of.
Treatment of options
7 For the purpose of this Schedule, the grant of an option enabling a person to call for a relevant disposal which is not an exempted disposal shall be treated as such a disposal made to him.
Treatment of deferred resale agreements
8 (1) If a purchaser or his successor in title enters into an agreement within sub-paragraph (3), any liability arising under the covenant required by paragraph 1 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.
(2) In sub-paragraph (1) “the appropriate time” means—
(a) the time when the agreement is entered into, or
(b) if it was made before the beginning of the discount repayment period, immediately after the beginning of that period.
(3) An agreement is within this sub-paragraph if it is an agreement between the purchaser or his successor in title and any other person—
(a) which is made (expressly or impliedly) in contemplation of, or in connection with, a disposal to be made, or made, under section 79,
(b) which is made before the end of the discount repayment period, and
(c) under which a relevant disposal (other than an exempted disposal) is or may be required to be made to any person after the end of that period.
(4) Such an agreement is within sub-paragraph (3)—
(a) whether or not the date on which the relevant disposal is to take place is specified in the agreement, and
(b) whether or not any requirement to make that disposal is or may be made subject to the fulfilment of any condition.
(5) The Secretary of State may by order provide—
(a) for sub-paragraph (1) to apply to agreements of any description specified in the order in addition to those within sub-paragraph (3);
(b) for sub-paragraph (1) not to apply to agreements of any description so specified to which it would otherwise apply.
(6) An order under sub-paragraph (5)—
(a) may make different provision with respect to different cases or descriptions of case; and
(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In this paragraph—
“agreement” includes arrangement;
“the discount repayment period” means the period of 3 years that applies for the purposes of paragraph 1(2) or the period of five years that applies for the purposes of paragraph 1(3)(depending on whether an offer such as is mentioned in section 203(4) of the Housing Act 2004 was made before or on or after the coming into force of that section).
Interpretation
1 In this Schedule—
“transferred property” means property which is the subject of a grant under section 104(1)(a) of this Act;
“transferee”, in relation to any transferred property, means the person to whom the grant is made;
“conveyance” means the instrument by which the grant is effected; and
other expressions have the same meaning as in section 104 of this Act.
Acquisitions under section 104(1)(a)
2 (1) Where a landlord makes a grant of transferred property, it shall ensure—
(a) that the conveyance contains a statement that the grant is made under section 104(1)(a) of this Act; and
(b) that all deeds and other documents relating to land (including, in the case of registered land, the land certificate) which are in its possession or under its control and which the transferee reasonably requires on or in connection with the grant of the transferred property are made available to him for this purpose.
(2) Where the landlord’s title to the whole or any part of the transferred property is not registered—
(a) section 123 of the Land Registration Act 1925 (compulsory registration of title) applies in relation to the conveyance whether or not the transferred property is in an area in which an Order in Council under section 120 of that Act (areas of compulsory registration) is in force; and
(b) the landlord shall give the transferee a certificate stating that it is entitled to convey the freehold subject only to such incumbrances, rights and interests as are stated in the conveyance or summarised in the certificate.
(3) The Chief Land Registrar shall, for the purpose of the registration of title, accept such a certificate as is referred to in sub-paragraph (2)(b) above as sufficient evidence of the facts stated in it; but if as a result he has to meet a claim under the Land Registration Acts 1925 to 1986 the landlord is liable to indemnify him.
(4) On an application being made for registration of a disposition of registered land or, as the case may be, of the transferee’s title under a disposition of unregistered land, the Chief Land Registrar shall, if the conveyance contains the statement required by sub-paragraph (1)(a) above, enter in the register a restriction stating the requirement under section 105 of this Act of consent to subsequent disposals.
(5) Any reference in the preceding provisions of this paragraph to a statement or a certificate is a reference to a statement or, as the case may be, certificate in a form approved by the Chief Land Registrar.
Procedures on termination of leases granted under section 104(1)(b)
3 (1) If a lease granted under section 104(1)(b) of this Act comes to an end in such circumstances as may be prescribed, the public sector landlord which was the lessee under the lease shall, at such time as may be prescribed, furnish to the Chief Land Registrar such statement as may be prescribed.
(2) In any case where—
(a) under section 104(1)(b) of this Act the applicant has granted a lease of a flat (in this sub-paragraph referred to as “the landlord’s lease”), and
(b) under Part V of the Housing Act 1985 (the right to buy) a lease of the flat (in this sub-paragraph referred to as “the right to buy lease” has been granted to a qualifying tenant, and
(c) by virtue of requirements prescribed under section 104(2) of this Act and related to the grant of the right to buy lease, the landlord’s lease comes to an end,
then, notwithstanding anything in section 64 of the Land Registration Act 1925 (production of land certificate), notice of the grant of the right to buy lease may be entered in the register without production of the applicant’s land certificate, but without prejudice to the power of the Chief Land Registrar to compel production of the certificate.