(1) The county court shall have jurisdiction to hear and determine any question arising under any provision of—
(a) Chapters I to III and V above, or
(b) sections 27 and 28 above,
other than a question falling within the jurisdiction of the appropriate tribunal by virtue of any such provision.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where any proceedings under any provision mentioned in subsection (1) above are being taken in the county court, the court shall have jurisdiction to hear and determine any other proceedings joined with those proceedings, notwithstanding that, apart from this subsection, those other proceedings would be outside the court’s jurisdiction.
(4) If any person takes any proceedings under any provision mentioned in subsection (1) above in the High Court, he shall not be entitled to recover any more costs of those proceedings than those to which he would have been entitled if the proceedings had been taken in the county court: and in such a case the taxing master shall have the same power of directing on what county court scale costs are to be allowed, and of allowing any item of costs, as the judge would have had if the proceedings had been taken in the county court.
(5) Subsection (4) above shall not apply where the purpose of taking the proceedings in the High Court was to enable them to be joined with any proceedings already pending before that court (not being proceedings taken under any provision mentioned in subsection (1) above).
41 Rent assessment committees: procedure and information powers.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The rent assessment committee to whom a matter is referred under Chapter I or Chapter II above may by notice in the prescribed form served on the landlord or the tenant require him to give to the committee, within such period of not less than fourteen days from the service of the notice as may be specified in the notice, such information as they may reasonably require for the purposes of their functions.
(3) If any person fails without reasonable excuse to comply with a notice served on him under subsection (2) above, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) Where an offence under subsection (3) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
In order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992 or to assist the Secretary of State in the administration of universal credit, where a rent is determined under section 14 or 22 above, the appropriate tribunal shall note in their determination the amount (if any) of the rent which, in the opinion of the tribunal, is fairly attributable to the provision of services, except where that amount is in their opinion negligible; and the amount so noted may be included in the information specified in an order under section 42 or 42A below.
41B Provision of information as to exemption from council tax
A billing authority within the meaning of Part I of the Local Government Finance Act 1992 shall, if so requested in writing by a rent officer or the appropriate tribunal in connection with his or their functions under any enactment, inform the rent officer or the appropriate tribunal in writing whether or not a particular dwelling (within the meaning of Part I of the Local Government Finance Act 1992) is, or was at any time specified in the request, an exempt dwelling for the purposes of that Part of that Act.
42 Information as to determinations of rents in Wales.
(1) The President of the rent assessment panel shall keep and make publicly available, in such manner as is specified in an order made by the Welsh Ministers, such information as may be so specified with respect to rents under assured tenancies and assured agricultural occupancies which have been the subject of references or applications to, or determinations by, rent assessment committees in areas in Wales.
(2) A copy of any information certified under the hand of an officer duly authorised by the President of the rent assessment panel ... shall be receivable in evidence in any court and in any proceedings.
(3) An order under subsection (1) above—
(a) may prescribe the fees to be charged for the supply of a copy, including a certified copy, of any of the information kept by virtue of that subsection; and
(b) may make different provision with respect to different cases or descriptions of case, including different provision for different areas.
(4) The power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
42A Information as to determination of rents in England
(1) The Chamber President of the Property Chamber of the First-tier Tribunal shall keep and make publicly available, in such manner as may be specified in an order made by the Lord Chancellor, such information as may be specified in an order made by the Secretary of State with respect to rents under assured tenancies and assured agricultural occupancies which have been the subject of references or applications to, or determinations by—
(a) rent assessment committees in England,
(b) the First-tier Tribunal, or
(c) the Upper Tribunal.
(2) A copy of any information certified by a member of staff appointed by the Lord Chancellor and duly authorised by the Chamber President shall be receivable in evidence in any court and in any proceedings.
(3) An order made by the Lord Chancellor under subsection (1) may prescribe the fees to be charged for the supply of a copy, including a certified copy, of any of the information kept by virtue that subsection.
(4) The power to make an order under subsection (1) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
43 Powers of local authorities for purposes of giving information.
In section 149 of the Rent Act 1977 (which, among other matters, authorises local authorities to publish information for the benefit of landlords and tenants with respect to their rights and duties under certain enactments), in subsection (1)(a) after sub-paragraph (iv) there shall be inserted—
(v) Chapters I to III of Part I of the Housing Act 1988
.
(1) Subject to paragraph 11 of Schedule 1 to this Act and subsection (2) subsections (1A) and (2) below, Chapters I to IV above apply in relation to premises in which there subsists, or at any material time subsisted, a Crown interest as they apply in relation to premises in relation to which no such interest subsists or ever subsisted.
(1A) In Chapter 1—
(a) section 16J does not bind the Crown;
(b) in section 16K(1) as it applies by virtue of subsection (1), the reference to a person being guilty of an offence under section 16J is to be read as a reference to the person—
(i) being a landlord under an assured tenancy, or acting or purporting to act on behalf of such a landlord, and (in relation to that tenancy) satisfying the condition in paragraph (a) of section 16J(1) where the condition in paragraph (b) of section 16J(1) is also satisfied,
(ii) contravening section 16E(2) or (3),
(iii) satisfying the conditions in paragraphs (a) and (b) of section 16J(3), or
(iv) satisfying the conditions in paragraphs (a) and (b)(i) of section 16J(4),
and section 16K(4) is to be read accordingly.
(1B) Subsection (1A)(a) does not affect the criminal liability of persons in the service of the Crown.
(2) In Chapter IV above—
(a) sections 27 and 28 do not bind the Crown; and
(b) the remainder binds the Crown to the extent provided for in section 10 of the Protection from Eviction Act 1977.
(3) In this section “Crown interest” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster or to the Duchy of Cornwall, or to a government department, or which is held in trust for Her Majesty for the purposes of a government department.
(4) Where an interest belongs to Her Majesty in right of the Duchy of Lancaster, then, for the purposes of Chapters I to IV above, the Chancellor of the Duchy of Lancaster shall be deemed to be the owner of the interest.
(1) In this Part of this Act, except where the context otherwise requires,—
“appropriate tribunal” means—
in relation to a dwelling-house in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal;
in relation to a dwelling-house in Wales, a rent assessment committee;
“dwelling-house” may be a house or part of a house;
“fixed term tenancy” means any tenancy other than a periodic tenancy;
“fully mutual housing association” has the same meaning as in Part I of the Housing Associations Act 1985;
“landlord” includes any person from time to time deriving title under the original landlord and also includes, in relation to a dwelling-house, any person other than a tenant who is, or but for the existence of an assured tenancy would be, entitled to possession of the dwelling-house;
“let” includes “sub-let”;
“pet” means an animal kept by a person mainly for—
personal interest,
companionship,
ornamental purposes, or
any combination of paragraphs (a) to (c);
“prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument;
“rates” includes water rates and charges but does not include an owner’s drainage rate, as defined in section 63(2)(a) of the Land Drainage Act 1976;
“secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act);
“secure tenancy” has the meaning assigned by section 79 of the Housing Act 1985;
“statutory periodic tenancy” has the meaning assigned by section 5(7) above;
“tenancy” includes a sub-tenancy and an agreement for a tenancy or sub-tenancy; and
“tenant” includes a sub-tenant and any person deriving title under the original tenant or sub-tenant.
(2) Subject to paragraph 11 of Schedule 2 to this Act, any reference in this Part of this Act to the beginning of a tenancy is a reference to the day on which the tenancy is entered into or, if it is later, the day on which, under the terms of any lease, agreement or other document, the tenant is entitled to possession under the tenancy.
(3) Where two or more persons jointly constitute either the landlord or the tenant in relation to a tenancy, then, except where this Part of this Act otherwise provides, any reference to the landlord or to the tenant is a reference to all the persons who jointly constitute the landlord or the tenant, as the case may require.
(4) For the avoidance of doubt, it is hereby declared that any reference in this Part of this Act (however expressed) to a power for a landlord to determine a tenancy does not include a reference to a power of re-entry or forfeiture for breach of any term or condition of the tenancy.
(5) Regulations under subsection (1) above may make different provision with respect to different cases or descriptions of case, including different provision for different areas.
(1) Where a grant to which this section applies, that is to say—
(a) a grant under section 50 or 51 above, or
(b) a grant under section 41 of the 1985 Act or any enactment replaced by that section, or
(c) a grant under section 2(2) of the Housing (Scotland) Act 1988,
has been made to a relevant housing association, the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the appropriate authority may from time to time determine (in this section referred to as “relevant events”).
(2) The appropriate authority. . . may—
(a) reduce the amount of, or of any payment in respect of, the grant;
(b) suspend or cancel any instalment of the grant; or
(c) direct the association to apply or appropriate for such purposes as the appropriate authority may specify, or to pay to the appropriate authority an amount equal to the whole, or such proportion as it may specify, of the amount of any payment made to the association in respect of the grant,
and a direction under paragraph (c) above may require the application, appropriation or payment of an amount with interest in accordance with subsections (7) to (9) below.
(3) Where, after a grant to which this section applies has been made to an association, a relevant event occurs, the association shall notify the appropriate authority and, if so required by written notice of the appropriate authority, shall furnish it with such particulars of and information relating to the event as are specified in the notice.
(4) Where a grant to which this section applies (other than one falling within subsection (1)(c) above) has been made to an association, the Chief Land Registrar may furnish the appropriate authority with such particulars and information as it may reasonably require for the purpose of ascertaining whether a relevant event has occurred; but this subsection shall cease to have effect on the day appointed under section 3(2) of the Land Registration Act 1988 for the coming into force of that Act.
(5) Where—
(a) a grant to which this section applies has been made to an association, and
(b) at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other relevant housing association, or trustees for some other such association,
this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other association.
(6) The proportion referred to in subsection (5) above is that which, in the circumstances of the particular case,—
(a) the appropriate authority, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or
(b) the appropriate authority may determine to be appropriate.
(7) A direction under subsection (2)(c) above requiring the application, appropriation or payment of an amount with interest shall specify, in accordance with subsection (9) below,—
(a) the rate or rates of interest (whether fixed or variable) which is or are applicable;
(b) the date from which interest is payable, being not earlier than the date of the relevant event; and
(c) any provision for suspended or reduced interest which is applicable.
(8) In subsection (7)(c) above—
(a) the reference to a provision for suspended interest is a reference to a provision whereby, if the principle amount is applied, appropriated or paid before a date specified in the direction, no interest will be payable for any period after the date of the direction; and
(b) the reference to a provision for reduced interest is a reference to a provision whereby, if the principle amount is so applied, appropriated or paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.
(9) The matters specified in a direction as mentioned in paragraphs (a) to (c) of subsection (7) above shall be either—
(a) such as the appropriate authority, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or
(b) such as the appropriate authority may determine to be appropriate in the particular case.
(9A) In this section and sections 53 and 54—
“the appropriate authority”—
in relation to an English relevant housing association and property outside Greater London, means the Homes and Communities Agency,
in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and
in relation to a Welsh relevant housing association, means the Welsh Ministers,
“ relevant housing association ” means—
a housing association which is a registered provider of social housing (“an English relevant housing association”), and
a housing association which is a registered social landlord (“a Welsh relevant housing association”).
(9B) In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under—
(a) Part 1 of the Housing Act 1996,
(b) Part 1 of the 1985 Act, or
(c) any corresponding earlier enactment.
(1) A general determination may either—
(a) make the same provision for all cases; or
(b) make different provision for different cases or descriptions of cases, including different provision for different areas or for different descriptions of housing associations or housing activities;
and for the purposes of this subsection descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.
(2) The Homes and Communities Agency shall not make a general determination under the foregoing provisions of this Part except with the approval of the Secretary of State
(3) Before making a general determination, the appropriate authority shall consult such bodies appearing to it to be representative of housing associations as it considers appropriate; and after making such a determination, the appropriate authority shall publish the determination in such manner as it considers appropriate for bringing the determination to the notice of the associations concerned.
(4) In this section “general determination” means a determination under section 52 above, other than a determination relating solely to a particular case.
(1) If a housing association makes a claim to the Secretary of State in respect of a period and satisfies him that throughout the period it was a housing association to which this section applies and its functions either—
(a) consisted exclusively of the function of providing or maintaining housing accommodation for letting or hostels and activities incidental to that function, or
(b) included that function and activities incidental to that function,
the Secretary of State may make grants to the association for affording relief from tax chargeable on the association.
(2) This section applies to a housing association at any time if, at that time—
(a) it is a relevant housing association;
(b) it does not trade for profit; and
(c) it is not approved for the purposes of Chapter 7 of Part 13 of the Corporation Tax Act 2010 (tax treatment of co-operative housing associations).
(3) References in this section to tax chargeable on an association are to income tax (other than income tax which the association is entitled to deduct on making any payment) and corporation tax.
(4) A grant under this section may be made—
(a) in a case falling within subsection (1)(a) above, for affording relief from any tax chargeable on the association for the period in respect of which the claim is made; and
(b) in a case falling within subsection (1)(b) above, for affording relief from such part of any tax so chargeable as the Secretary of State considers appropriate having regard to the other functions of the association;
and in any case shall be of such amount, shall be made at such times and shall be subject to such conditions as the Secretary of State thinks fit.
(5) The conditions may include conditions for securing the repayment in whole or in part of a grant made to an association—
(a) in the event of tax in respect of which it was made being found not to be chargeable; or
(b) in such other events (including the association beginning to trade for profit) as the Secretary of State may determine.
(6) A claim under this section shall be made in such manner and shall be supported by such evidence as the Secretary of State may direct.
(7) The Commissioners of Inland Revenue and their officers may disclose to the Secretary of State such particulars as he may reasonably require for determining whether a grant should be made on a claim or whether a grant should be repaid or the amount of such grant or repayment.
(8) In this section “letting” includes—
(a) in England and Wales, the grant of a shared ownership lease or a licence to occupy;
(b) in Scotland, disposal under a shared ownership agreement or the grant of a right or permission to occupy.
The Secretary of State may delegate to the Housing Corporation, to such extent and subject to such conditions as he may specify, any of his functions , so far as they relate to English registered social landlords, under—
(a) section 54 . . . above;
(b) sections 53 (recoupment of surplus rental income), 54 to 57 (deficit grants) and 62 (grants for affording tax relief) of the 1985 Act, so far as continuing in force after the passing of this Act; and
(c) Parts I and II of Schedule 5 to the 1985 Act (residual subsidies);
and where he does so, references to him in those provisions shall be construed accordingly.
In this section “ English registered social landlords ” means social landlords registered in the register maintained by the Housing Corporation under section 1 of the Housing Act 1996.
58 Application of Housing Acts to certain transactions.
(1) This section applies to any tenant of a publicly-funded house who, but for paragraph 1 of Schedule 5 to the Housing Act 1985 (no right to buy where landlord a charitable housing trust or housing association), would have the right to buy under Part V of the Housing Act 1985.
(2) A house is publicly-funded for the purposes of subsection (1) above if a grant under section 50 above, or a grant under section 41 of the 1985 Act or any enactment replaced by that section, has been paid in respect of a project which included—
(a) the acquisition of the house;
(b) the acquisition of a building and the provision of the house by means of the conversion of the building; or
(c) the acquisition of land and the construction of the house on the land.
(3) Where a registered housing association contracts for the acquisition of a house and, without taking the conveyance, grant or assignment, disposes of its interest at a discount to a tenant to whom this section applies, the provisions mentioned in subsection (4) below shall have effect as if the association first acquired the house and then disposed of it to the tenant.
(4) The said provisions are—
section 4 of the 1985 Act (eligibility for registration);
section 8 of that Act (disposal of land by registered housing associations);
section 9 of that Act (consent of Corporation to disposals);
section 79(2) of that Act (power of Corporation to lend to person acquiring interest from registered housing association);
Schedule 2 to that Act (covenants for repayments of discount on early disposal and restricting disposal of houses in National Parks etc. ); and
section 130 of the Housing Act 1985 (reduction of discount on exercise of right to buy where previous discount given).
59 Interpretation of Part II and amendments of Housing Associations Act 1985.
(1) In this Part of this Act—
(a) “the 1985 Act” means the Housing Associations Act 1985; and
(b) subject to subsections (1A) and (1B) below expressions used in this Part have the same meaning as in the 1985 Act.
(1A) Expressions used in sections 52 to 54 ... above have the same meaning as in Part I of the Housing Act 1996, subject as follows.
(1B) In those sections “housing activities” and “shared ownership lease”, in relation to times, circumstances and purposes before the commencement of section 1 of the Housing Act 1996 (the register of social landlords), have the same meaning as in the 1985 Act.
(2) The 1985 Act shall have effect subject to the amendments in Schedule 6 to this Act, being amendments—
(a) extending the supervisory powers conferred by Part I of the 1985 Act;
(b) making provision incidental to and consequential upon . . . the establishment by the Housing (Scotland) Act 1988 of Scottish Homes;
(c) making provision incidental to and consequential upon the provisions of this Part of this Act and the provisions of Part IV of this Act; and
(d) varying the grounds on which the Secretary of State may remove a member of the Housing Corporation from office.
(3) In Schedule 6 to this Act,—
(a) Part I contains amendments of Part I of the 1985 Act, including amendments which reproduce the effect of amendments made by Schedule 3 to the Housing (Scotland) Act 1988 with respect to Scottish Homes; and
(b) Parts II and III contain amendments of Parts II and III respectively of the 1985 Act.
(4) Without prejudice to the operation of Schedule 3 to the Housing (Scotland) Act 1988 in relation to anything done before the day appointed for the coming into force of this section, for the purpose of giving effect to the amendments in Part I of Schedule 6 to this Act, the said Schedule 3 shall be deemed never to have come into force.
(1) Subject to section 61 below, the Secretary of State may by order designate an area of land in England for which, in his opinion, it is expedient that a corporation, to be known as a housing action trust, having the functions specified in this Part of this Act, should be established.
(2) The area designated by an order under this section may comprise two or more parcels of land which—
(a) need not be contiguous; and
(b) need not be in the district of the same local housing authority.
(3) An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
(4) In deciding whether to make an order under this section designating any area of land, the Secretary of State shall have regard to such matters as he thinks fit.
(5) Without prejudice to the generality of subsection (4) above, among the matters to which the Secretary of State may have regard in deciding whether to include a particular area of land in an order under this section, are—
(a) the extent to which the housing accommodation in the area as a whole is occupied by tenants or owner-occupiers and the extent to which it is local authority housing;
(b) the physical state and design of the housing accommodation in the area and any need to repair or improve it;
(c) the way in which the local authority housing in the area is being managed; and
(d) the living conditions of those who live in the area and the social conditions and general environment of the area.
(6) An area designated by an order under this section shall be known as a housing action trust area and in the following provisions of this Part of this Act—
(a) such an area is referred to as a “designated area”; and
(b) an order under this section is referred to as a “designation order”.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where the Secretary of State is considering a proposal to make a designation order, he shall use his best endeavours to secure that notice of the proposal is given to all tenants of houses in the area proposed to be designated who are either secure tenants or introductory tenants ... or tenants of such description as may be prescribed by regulations.
(3) After having taken the action required by subsection (2) above, the Secretary of State shall either—
(a) make arrangements for such independent persons as appear to him to be appropriate to conduct, in such manner as seems best to them, a ballot or poll of the tenants who have been given notice of the proposal as mentioned in that subsection with a view to establishing their opinions about the proposal to make a designation order; or
(b) if it seems appropriate to him to do so, arrange for the conduct of a ballot or poll of those tenants in such manner as appears to him best suited to establish their opinions about the proposal.
(4) If it appears from a ballot or poll conducted as mentioned in subsection (3) above that a majority of the tenants who, on that ballot or poll, express an opinion about the proposal to make the designation order are opposed to it, the Secretary of State shall not make the order proposed.
(5) The power to make regulations under subsection (2) above shall be exercisable by the Secretary of State by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Subject to subsection (2) below, where the Secretary of State makes a designation order, he shall, in that order or by a separate order, either—
(a) establish a housing action trust for the designated area; or
(b) specify as the housing action trust for the designated area a housing action trust already established for another designated area.
(2) Such a separate order as is referred to in subsection (1) above shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
(3) Subject to subsection (4) below, a housing action trust shall be a body corporate by such name as may be prescribed by the order establishing it.
(4) Where the Secretary of State makes the provision referred to in subsection (1)(b) above,—
(a) the housing action trust specified in the order shall, by virtue of the order, be treated as established for the new designated area (as well as for any designated area for which it is already established); and
(b) the order may alter the name of the trust to take account of the addition of the new designated area.
(5) Schedule 7 to this Act shall have effect with respect to the constitution of housing action trusts and Schedule 8 to this Act shall have effect with respect to their finances.
(6) It is hereby declared that a housing action trust is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and that the trust’s property is not to be regarded as the property of, or property held on behalf of, the Crown.
(7) At the end of section 4 of the Housing Act 1985 (descriptions of authority) there shall be added—
(f) “housing action trust” means a housing action trust established under Part III of the Housing Act 1988
; and at the end of section 14 of the Rent Act 1977 (landlord’s interest belonging to local authority etc.) there shall be added—
(h) a housing action trust established under Part III of the Housing Act 1988
.
63 Objects and general powers of housing action trusts.
(1) The primary objects of a housing action trust in relation to the designated area for which it is established shall be—
(a) to secure the repair or improvement of housing accommodation for the time being held by the trust;
(b) to secure the proper and effective management and use of that housing accommodation;
(c) to encourage diversity in the interests by virtue of which housing accommodation in the area is occupied and, in the case of accommodation which is occupied under tenancies, diversity in the identity of the landlords; and
(d) generally to secure or facilitate the improvement of living conditions of those living in the area and the social conditions and general environment of the area.
(2) Without prejudice to subsection (1) above, a housing action trust may—
(a) provide and maintain housing accommodation; and
(b) facilitate the provision of shops, advice centres and other facilities for the benefit of the community or communities who live in the designated area.
(2A) For the avoidance of doubt it is hereby declared that it is immaterial for the purposes of this section whether action taken by a housing action trust for achieving its objects or exercising the powers conferred on it by subsection (2) above also—
(a) benefits persons who do not live in the designated area; or
(b) improves the social conditions or general environment of an area outside the designated area.
(3) For the purpose of achieving its objects and exercising the powers conferred on it by subsection (2) above, a housing action trust may—
(a) acquire, hold, manage, reclaim and dispose of land and other property;
(b) carry out building and other operations;
(c) seek to ensure the provision of water, electricity, gas, sewerage and other services; and
(d) carry on any business or undertaking;
and may generally do anything necessary or expedient for the purposes of those objects and powers or for purposes incidental thereto.
(4) For the avoidance of doubt it is hereby declared that subsection (3) above relates only to the capacity of a housing action trust as a statutory corporation; and nothing in this section authorises such a trust to disregard any enactment or rule of law.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) A transaction between any person and a housing action trust shall not be invalidated by reason of any failure by the trust to observe the objects in subsection (1) above or the requirement that the trust shall exercise the powers conferred by subsections (2) and (3) above for the purpose referred to in that subsection.
64 The housing action trust’s proposals for its area.
(1) As soon as practicable after a housing action trust has been established for a designated area, the trust shall prepare a statement of its proposals with regard to the exercise of its functions in relation to the area.
(2) The trust shall consult every local housing authority or county council, any part of whose area lies within the designated area, with regard to the proposals contained in the statement prepared under subsection (1) above.
(3) A housing action trust shall take such steps as it considers appropriate to secure—
(a) that adequate publicity is given in the designated area to the proposals contained in the statement prepared under subsection (1) above;
(b) that those who live in the designated area are made aware that they have an opportunity to make, within such time as the trust may specify, representations to the trust with respect to those proposals; and
(c) that those who live in the designated area are given an adequate opportunity of making such representations;
and the trust shall consider any such representations as may be made within the time specified.
(4) As soon as may be after a housing action trust has complied with the requirements of subsections (1) to (3) above it shall send to the Secretary of State a copy of the statement prepared under subsection (1) above together with a report of—
(a) the steps the trust has taken to consult as mentioned in subsection (2) above and to secure the matters referred to in subsection (3) above; and
(b) the consideration it has given to points raised in the course of consultation and to representations received.
(5) At such times as a housing action trust considers appropriate or as it may be directed by the Secretary of State, the trust shall prepare a further statement of its proposals with regard to the exercise of its functions in relation to its area; and subsections (2) to (4) above shall again apply as they applied in relation to the first statement.
(1) If the Secretary of State so provides by order, in a designated area or, as the case may be, in such part of the area as may be specified in the order, the housing action trust for the area shall have such of the functions described in subsection (2) below as may be so specified.
(2) The functions referred to in subsection (1) above are—
(a) the functions conferred on a local housing authority by Parts II, VI, VII and IX to XI and XVI of the Housing Act 1985 and section 3(1) of the Chronically Sick and Disabled Persons Act 1970;
(b) the functions conferred by Part II of the Housing Associations Act 1985 on a local authority, within the meaning of that Act; and
(c) the functions conferred by sections 39 to 41 of the Land Compensation Act 1973 on the authority which is “the relevant authority” for the purposes of section 39 of that Act.
(3) As respects the designated area or part thereof to which an order under this section applies, on the coming into force of the order, any function conferred on a housing action trust by the order shall, according to the terms of the order, be exercisable either—
(a) by the trust instead of by the authority by which, apart from the order, the function would be exercisable; or
(b) by the trust concurrently with that authority.
(4) Any enactment under which a housing action trust is to exercise a function by virtue of an order under this section shall have effect—
(a) in relation to the trust, and
(b) where the trust is to have the function concurrently with another authority, in relation to that authority,
subject to such modifications (if any) as may be specified in the order.
(5) Where a housing action trust is to exercise functions conferred on a local housing authority by any of Parts VI, VII, IX and XI of the Housing Act 1985, section 36 of the Local Government Act 1974 (recovery by local authorities of establishment charges) shall apply to the housing action trust as if it were a local authority within the meaning of that section.
(6) Such (if any) of the provisions of Parts XVII and XVIII of the Housing Act 1985 (compulsory purchase, land acquisition and general provisions) as may be specified in an order under this section shall have effect in relation to a housing action trust subject to such modifications as may be specified in the order.
(7) An order under this section—
(a) may contain such savings and transitional and supplementary provisions as appear to the Secretary of State to be appropriate; and
(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) A housing action trust may submit to the Secretary of State proposals for the development of land within its designated area and the Secretary of State, after consultation with the local planning authority within whose area the land is situated and with any other local authority which appears to him to be concerned, may approve any such proposals either with or without modification.
(2) Without prejudice to the generality of the powers conferred by sections 59 to 61 of the 1990 Act, a special development order made by the Secretary of State under section 59 with respect to a designated area may grant permission for any development of land in accordance with proposals approved under subsection (1) above, subject to such conditions, if any (including conditions requiring details of any proposed development to be submitted to the local planning authority), as may be specified in the order.
(3) The Secretary of State shall give to a housing action trust such directions with regard to the disposal of land held by it and with respect to the development by it of such land as appear to him to be necessary or expedient for securing, so far as practicable, the preservation of any features of special architectural or historical interest and, in particular, of any buildings included in any list compiled or approved or having effect as if compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (which relates to the compilation or approval by the Secretary of State of lists of buildings of special architectural or historical interest).
(4) Any reference in this section to the local planning authority,—
(a) in relation to land in ... Greater London or a metropolitan county, is a reference to the authority which is the local planning authority as ascertained in accordance with sections 1 and 2 of the 1990 Act; and
(b) in relation to other land in England, is a reference to the district planning authority and also (in relation to proposals for any development which is a county matter, as defined in paragraph 1 of Schedule 1 to the 1990 Act) to the county planning authority.
(1) The Secretary of State may by order provide that, for such purposes of Part III of the 1990 Act and sections 67 and 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990, and in relation to such kinds of development as may be specified in the order, a housing action trust shall be the local planning authority for the whole or such part as may be so specified of its designated area . . .
(2) An order under subsection (1) above may provide—
(a) that any enactment relating to local planning authorities shall not apply to the trust; and
(b) that any such enactment which applies to the trust shall apply to it subject to such modifications as may be specified in the order.
(3) An order made by the Secretary of State may provide—
(a) that, subject to any modifications specified in the order, a housing action trust specified in the order shall have, in the whole or any part of its designated area . . . , such of the functions conferred by the provisions mentioned in subsection (3A) below as may be so specified; and
(b) that such of the provisions of Part VI and sections 249 to 251 and 258 of the 1990 Act and sections 32 to 37 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as are mentioned in the order shall have effect, in relation to the housing action trust specified in the order and to land in the trust’s area, subject to the modifications there specified.
(3A) The provisions referred to in subsection (3)(a) above are sections 96, 100, 104 171C, 171D,172 to 185, 187 to 202, 206 to 222, 224, 225, 231 and 320 to 336 of and paragraph 11 of Schedule 9 to the 1990 Act, Chapters I, II and IV of Part I and sections 54 to 56, 59 to 61, 66, 68 to 72, 74 to 76 and 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and sections 4 to 15, 17 to 21, 23 to 26AA, 36 and 36A of the Planning (Hazardous Substances) Act 1990.
(4) An order under subsection (3) above may provide that, for the purposes of any of the provisions specified in the order, any enactment relating to local planning authorities shall apply to the housing action trust specified in the order subject to such modifications as may be so specified.
(5)(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Any 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; and any such order shall have effect subject to such savings and transitional provisions as may be specified in the order.
(1) The Secretary of State may by order provide that, in relation to premises comprising or consisting of housing accommodation, a housing action trust shall have in its designated area (or in such part of its designated area as may be specified in the order) the functions conferred on a local authority—
(a) by sections 83 and 84 of the Public Health Act 1936 (the “1936 Act”) and section 36 of the Public Health Act 1961 (all of which relate to filthy or verminous premises or articles);
(b) by any enactment contained in Part III (nuisances and offensive trades) of the 1936 Act;
(c) by so much of Part XII of the 1936 Act as relates to any of the enactments mentioned in paragraphs (a) and (b) above; and
(d) by Part I of the Prevention of Damage by Pests Act 1949 (rats and mice).
(2) On the order coming into force, the trust shall have the functions conferred in relation to the designated area (or part) instead of or concurrently with any such authority, depending on the terms of the order.
(3) The order may provide that any enactment under which the trust is to exercise functions by virtue of the order shall have effect in relation to the trust and, where the trust is to have any function concurrently with another authority, in relation to that authority, as modified by the order.
(4) Where an order under this section provides that a housing action trust shall have the functions conferred upon a local authority by Part III of the 1936 Act, section 36 of the Local Government Act 1974 (recovery by local authorities of establishment charges) shall apply to the housing action trust as if it were a local authority within the meaning of that section.
(5) The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.
(6) 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) When any street works have been executed on any land in a designated area which was then or has since become a private street (or part of a private street), the housing action trust may serve a notice on the street works authority requiring it to declare the street (or part) to be a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense.
(2) Within the period of two months beginning on the date of the service of a notice under subsection (1) above, the street works authority may appeal against the notice to the Secretary of State . . .
(3) After considering any representations made to him by the housing action trust and the street works authority, the Secretary of State shall determine an appeal under subsection (2) above by setting aside or confirming the notice under subsection (1) above (with or without modifications).
(4) Where, under subsection (3) above, the Secretary of State confirms a notice,—
(a) he may at the same time impose conditions (including financial conditions) upon the housing action trust with which the trust must comply in order for the notice to take effect, and
(b) the highway (or part) shall become a highway maintainable at the public expense with effect from such date as the Secretary of State may specify.
(5) Where a street works authority neither complies with the notice under subsection (1) above, nor appeals under subsection (2) above, the street (or part) concerned shall become a highway maintainable at the public expense upon the expiry of the period of two months referred to in subsection (2) above.
(6) In this section “private street” and “street works authority” have the same meanings as in Part XI of the Highways Act 1980.
(1) For the purpose of achieving its objects a housing action trust may, with the consent of the Secretary of State, give financial assistance to any person.
(2) Financial assistance under subsection (1) above may be given in any form and, in particular, may be given by way of—
(a) grants,
(b) loans,
(c) guarantees,
(d) incurring expenditure for the benefit of the person assisted, or
(e) purchasing loan or share capital in a company.
(3) Financial assistance under subsection (1) above may be given on such terms as the housing action trust, with the consent of the Secretary of State, considers appropriate.
(4) Any consent under this section—
(a) may be given either unconditionally or subject to conditions; and
(b) may be given in relation to a particular case or in relation to such description of cases as may be specified in the consent;
and the reference in subsection (3) above to the consent of the Secretary of State is a reference to his consent given with the approval of the Treasury.
(5) The terms referred to in subsection (3) above may, in particular, include provision as to—
(a) the circumstances in which the assistance must be repaid or otherwise made good to the housing action trust and the manner in which that is to be done; or
(b) the circumstances in which the housing action trust is entitled to recover the proceeds or part of the proceeds of any disposal of land or buildings in respect of which assistance was provided.
(6) Any person receiving assistance under subsection (1) above shall comply with the terms on which it is given and compliance may be enforced by the housing action trust.
(1) In the exercise of its functions, a housing action trust shall comply with any directions given by the Secretary of State.
(2) Directions given by the Secretary of State may be of a general or particular character and may be varied or revoked by subsequent directions.
(3) The Secretary of State shall publish any direction given under this section.
(4) A transaction between any person and a housing action trust acting in purported exercise of its powers under this Part of this Act shall not be void by reason only that the transaction was carried out in contravention of a direction given under this section; and a person dealing with a housing action trust shall not be concerned to see or enquire whether a direction under this section has been given or complied with.
(1) If, in the case of any designated area, it appears to the Secretary of State that it is expedient that the functions of a housing action trust established for the area should be transferred—
(a) to the housing action trust established for another designated area, or
(b) to a new housing action trust to be established for the area,
he may by order provide for the dissolution of the first-mentioned trust and for the transfer of its functions, property, rights and liabilities to the trust referred to in paragraph (a) above, or, as the case may be, to a new housing action trust established for the area by the order.
(2) Where an order under this section provides for the functions of a housing action trust established for a designated area to be transferred to the housing action trust established for another designated area—
(a) the latter trust shall, by virtue of the order, be treated as established for the first-mentioned designated area (as well as the area referred to in subsection (1)(a) above); and
(b) the order may alter the name of the latter trust in such manner as appears to the Secretary of State to be expedient.
(3) Before making an order under this section the Secretary of State shall consult the housing action trust whose functions are to be transferred and also, in a case falling within subsection (1)(a) above, the housing action trust to whom the functions are to be transferred.
(4) An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
74 Transfer of land and other property to housing action trusts.
(1) The Secretary of State may by order provide for the transfer from a local housing authority to a housing action trust of—
(a) all or any of the authority’s local authority housing situated in the designated area; and
(b) any other land held or provided in connection with that local authority housing.
(2) Without prejudice to the powers under subsection (1) above, if in the opinion of the Secretary of State a housing action trust requires for the purposes of its functions any land which, though not falling within that subsection, is situated in the designated area and held (for whatever purpose) by a local authority, the Secretary of State may by order provide for the transfer of that land to the trust.
(3) The Secretary of State may by order transfer from a local housing authority or other local authority to a housing action trust so much as appears to him to be appropriate of any property which is held or used by the authority in connection with any local authority housing or other land transferred to the trust under subsection (1) or subsection (2) above; and for this purpose “property” includes chattels of any description and rights and liabilities, whether arising by contract or otherwise.
(4) A transfer of any local authority housing or other land or property under the preceding provisions of this section shall be on such terms, including financial terms, as the Secretary of State thinks fit; and an order under this section may provide that, notwithstanding anything in section 141 of the Law of Property Act 1925 (rent and benefit of lessee’s covenants to run with the reversion), any rent or other sum which—
(a) arises under a tenancy of any local authority housing or other land transferred to the housing action trust under subsection (1) or subsection (2) above, and
(b) falls due before the date of the transfer,
shall continue to be recoverable by the local housing authority or, as the case may be, the local authority to the exclusion of the trust and of any other person in whom the reversion on the tenancy may become vested.
(5) Without prejudice to the generality of subsection (4) above, the financial terms referred to in that subsection may include provision for payments by a local authority (as well as or instead of payments to a local authority); and the transfer from a local housing authority or other local authority of any local authority housing or other land or property by virtue of this section shall not be taken to give rise to any right to compensation.
(6) Where an order is made under this section—
(a) payments made by a local authority as mentioned in subsection (5) above shall be capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance);
(b) unless the order otherwise provides, payments made to a local authority as mentioned in subsection (5) above shall be regarded for the purposes of section 9(1) of that Act as sums received by the authority in respect of the disposal by it of an interest in a capital asset.
(7) Any 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.
(8) In this section “local authority” means any of the following—
(a) a local housing authority;
(b) the council of a county;
(c) the Inner London Education Authority;
(d) an authority established by an order under section 10(1) of the Local Government Act 1985 (waste disposal);
(e) a joint authority established by Part IV of that Act; . . .
(f) a residuary body established by Part VII of that Act;
(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 fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
(fd) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
(g) the London Fire Commissioner.
75 Supplementary provisions as to transfer orders.
(1) In this section a “transfer order” means an order under any of subsections (1) to (3) of section 74 above and, in relation to a transfer order, “the transferor authority” means the local housing authority or other local authority from whom local authority housing or other land or property is or is to be transferred by the order.
(2) Before making a transfer order, the Secretary of State shall consult the transferor authority with respect to—
(a) the local authority housing or other land or property which it is proposed should be transferred by the order; and
(b) the terms of the proposed transfer.
(3) Before making a transfer order with respect to any local authority housing or other land, the Secretary of State shall take such steps as appear to him to be appropriate to bring the proposed transfer to the attention of any secure tenant, ... introductory tenant ... or other person (other than a local authority) having an interest in the property proposed to be transferred as lessor, lessee, mortgagor or mortgagee.
(4) In connection with any transfer made by it, a transfer order may contain such incidental, consequential, transitional or supplementary provisions as appear to the Secretary of State to be necessary or expedient and, in particular, may—
(a) apply, with or without modification, any provision made by or under any enactment; and
(b) modify the operation of any provision made by or under any enactment.
(1) Subject to subsections (2) and (3) below, the Secretary of State may by order provide that land specified in the order which is vested in statutory undertakers or any other public body or in a wholly-owned subsidiary of a public body shall vest in a housing action trust established or to be established for the designated area in which the land is situated.
(2) An order under this section may not specify land vested in statutory undertakers which is used for the purpose of carrying on their statutory undertakings or which is held for that purpose.
(3) In the case of land vested in statutory undertakers, the power to make an order under this section shall be exercisable by the Secretary of State and the appropriate Minister.
(4) Part I of Schedule 9 to this Act shall have effect for supplementing the preceding provisions of this section.
(5) An order under this section shall have the same effect as a declaration under the Compulsory Purchase (Vesting Declarations) Act 1981 except that, in relation to such an order, the enactments mentioned in Part II of Schedule 9 to this Act shall have effect subject to the modifications specified in that Part.
(6) Compensation under the Land Compensation Act 1961, as applied by subsection (5) above and Part II of Schedule 9 to this Act, shall be assessed by reference to values current on the date the order under this section comes into force.
(6A) No order shall be made under this section in relation to a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011).
(7) An order under this section shall be made by statutory instrument but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.