185 Repayment of discount: periods and amounts applicable
(1) Section 155 of the Housing Act 1985 (repayment of discount on early disposal) is amended in accordance with subsections (2) and (3).
(2) For subsections (2) and (3) substitute—
(2) In the case of a conveyance or grant in pursuance of the right to buy, the covenant shall be to pay the landlord such sum (if any) as the landlord may demand in accordance with section 155A 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 or grant.
(3) In the case of a conveyance or grant in pursuance of the right to acquire on rent to mortgage terms, the covenant shall be to pay the landlord such sum (if any) as the landlord may demand in accordance with section 155B 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 making of the initial payment.
(3) In subsection (3A) (modifications where tenant has served operative notice of delay) for “three years” substitute “ five years ”.
(4) After section 155 insert—
Amount of discount which may be demanded by landlord: right to buy
155A (1) For the purposes of the covenant mentioned in section 155(2), the landlord may demand such sum as he considers appropriate, up to and including the maximum amount specified in this section.
(2) The maximum amount which may be demanded by the landlord is a percentage of the price or premium paid for the first relevant disposal which is equal to the discount to which the secure tenant was entitled, where the discount is expressed as a percentage of the value which under section 127 was taken as the value of the dwelling-house at the relevant time.
(3) But for each complete year which has elapsed after the conveyance or grant and before the disposal the maximum amount which may be demanded by the landlord is reduced by one-fifth.
(4) This section is subject to section 155C.
Amount of discount which may be demanded by landlord: right to acquire on rent to mortgage terms
155B (1) For the purposes of the covenant mentioned in section 155(3), the landlord may demand such sum as he considers appropriate, up to and including the maximum amount specified in this section.
(2) The maximum amount which may be demanded by the landlord is the discount (if any) to which the tenant was entitled on the making of—
(a) the initial payment,
(b) any interim payment made before the disposal, or
(c) the final payment if so made,
reduced, in each case, by one-fifth for each complete year which has elapsed after the making of the initial payment and before the disposal.
(5) The amendments made by this section do not apply in any case where the tenant’s notice under section 122 of the Act (notice claiming to exercise right to buy) was served before the day on which this section comes into force.
(6) Subsection (7), however, applies in any such case if the first relevant disposal to which the covenant for repayment of discount applies takes place on or after the day on which this section comes into force.
(7) In the following provisions—
(a) section 155(2) and (3) of the Housing Act 1985 (c. 68) (as it has effect without the amendments made by this section), and
(b) any covenant for repayment of discount,
any reference (however expressed) to a person being liable to pay an amount to the landlord on demand is to be read as a reference to his being liable to pay to the landlord so much of that amount (if any) as the landlord may demand.
(8) In subsections (6) and (7) “covenant for repayment of discount” means the covenant contained in a conveyance or grant in accordance with section 155 of that Act.
186 Repayment of discount: increase attributable to home improvements to be disregarded
(1) After section 155B of the Housing Act 1985 (c. 68) (inserted by section 185 of this Act) insert—
Increase attributable to home improvements
155C (1) In calculating the maximum amount which may be demanded by the landlord under section 155A, such amount (if any) of the price or premium paid for the disposal which is attributable to improvements made to the dwelling-house—
(a) by the person by whom the disposal is, or is to be, made, and
(b) after the conveyance or grant and before the disposal,
shall be disregarded.
(2) The amount to be disregarded under this section 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 section to make a determination for the purposes of this section 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 section (and in default of an agreement), no amount is required to be disregarded under this section.
(2) In section 181 of that Act (jurisdiction of county court) for “and 158” substitute “ , 155C and 158 ”.
(1) After section 163 of the Housing Act 1985 insert—
Treatment of deferred resale agreements for purposes of section 155
163A (1) If a secure tenant or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 155 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.
(2) In subsection (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 subsection if it is an agreement between the secure tenant or his successor in title and any other person—
(a) which is made (expressly or impliedly) in contemplation of, or in connection with, the tenant exercising, or having exercised, the right to buy,
(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 subsection (3)—
(a) whether or not the date on which the disposal is to take place is specified in the agreement, and
(b) whether or not any requirement to make the disposal is or may be made subject to the fulfilment of any condition.
(5) The Secretary of State may by order provide—
(a) for subsection (1) to apply to agreements of any description specified in the order in addition to those within subsection (3);
(b) for subsection (1) not to apply to agreements of any description so specified to which it would otherwise apply.
(6) An order under subsection (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 section—
“agreement” includes arrangement;
“the discount repayment period” means the period of three or five years that applies for the purposes of section 155(2) or (3) (depending on whether the tenant’s notice under section 122 was given before or on or after the date of the coming into force of section 185 of the Housing Act 2004).
(2) The amendment made by this section does not apply in relation to any agreement or arrangement made before the day on which this section comes into force.
(1) After section 156 of the Housing Act 1985 (c. 68) insert—
Right of first refusal for landlord etc.
156A (1) A conveyance of the freehold or grant of a lease in pursuance of this Part shall contain the following covenant, which shall be binding on the secure tenant and his successors in title.
This is subject to subsection (8).
(2) The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance or grant, 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.
(3) In subsection (2) “the prescribed conditions” means such conditions as are prescribed by regulations under this section at the time when the conveyance or grant is made.
(4) The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on—
(a) a landlord who has conveyed a freehold or granted a lease to a person (“the former tenant”) in pursuance of this Part, or
(b) such other person as is determined in accordance with the regulations,
a right of first refusal to have a disposal within subsection (5) made to him for such consideration as is mentioned in section 158.
(5) The disposals within this subsection are—
(a) a reconveyance or conveyance of the dwelling-house; and
(b) a surrender or assignment of the lease.
(6) Regulations under this section may, in particular, make provision—
(a) for the former tenant 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 former tenant 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 former tenant 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.
(7) In subsection (6) any reference to the former tenant is a reference to the former tenant or his successor in title.
Nothing in that subsection affects the generality of subsection (4).
(8) In a case to which section 157(1) applies—
(a) the conveyance or grant may contain a covenant such as is mentioned in subsections (1) and (2) above instead of a covenant such as is mentioned in section 157(1), but
(b) it may do so only if the Secretary of State or, where the conveyance or grant is executed by a housing association within section 6A(3) or (4), the Relevant Authority consents.
(9) Consent may be given in relation to—
(a) a particular disposal, or
(b) disposals by a particular landlord or disposals by landlords generally,
and may, in any case, be given subject to conditions.
(10) Regulations under this section—
(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.
(11) The limitation imposed by a covenant within subsection (2) (whether the covenant is imposed in pursuance of subsection (1) or (8)) is a local land charge.
(12) The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.
(2) In section 157 of that Act (restriction on disposal of dwelling-houses in National Parks etc.)—
(a) in subsection (1), after “the conveyance or grant may” insert “ (subject to section 156A(8) ”;
(b) in subsection (2), omit “, subject to subsection (4),”; and
(c) omit subsections (4) and (5) (which provide for a landlord’s right of first refusal).
(3) In section 158 of that Act (consideration for conveyance or surrender under section 157)—
(a) in the sidenote, for “reconveyance or surrender under section 157” substitute “ disposal under section 156A ”;
(b) for subsection (1) substitute—
(1) The consideration for such a disposal as is mentioned in section 156A(4) 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 dwelling-house at the time when the offer is made (as determined in accordance with regulations under that section).
;
(c) in subsection (2), for “or surrendered” substitute “ , conveyed, surrendered or assigned ”;
(d) in subsection (3), for “the landlord accepts the offer,” substitute “ the offer is accepted in accordance with regulations under section 156A, ”; and
(e) in subsection (4), for “to reconvey or surrender” substitute “ (as determined in accordance with regulations under section 156A). ”
(4) In section 162 of that Act (exempted disposals which end liability under covenants), after paragraph (a) insert—
(aa) the covenant required by section 156A (right of first refusal for landlord etc.) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant ceases to apply in relation to the property disposed of, and
.
(5) The amendments made by this section do not apply in relation to a conveyance of the freehold or grant of a lease in pursuance of Part 5 of that Act if the notice under section 122 of the Act (tenant’s notice claiming to exercise right to buy) was served before the day on which this section comes into force.
(6) Accordingly, nothing in this section affects—
(a) the operation of a limitation contained in such a conveyance or grant in accordance with section 157(4) of that Act, or
(b) the operation, in relation to such a limitation, of section 157(6) (so far as it renders a disposal in breach of covenant void) or section 158 (consideration payable) of that Act.
189 sInformation to help tenants decide whether to exercise right to buy etc.
(1) After section 121 of the Housing Act 1985 (c. 68) insert—
Information to help tenants decide whether to exercise right to buy etc.
121AA (1) Every body which lets dwelling-houses under secure tenancies shall prepare a document that contains information for its secure tenants about such matters as are specified in an order made by the Secretary of State.
(2) The matters that may be so specified are matters which the Secretary of State considers that it would be desirable for secure tenants to have information about when considering whether to exercise the right to buy or the right to acquire on rent to mortgage terms.
(3) The information contained in the document shall be restricted to information about the specified matters, and the information about those matters—
(a) shall be such as the body concerned considers appropriate, but
(b) shall be in a form which the body considers best suited to explaining those matters in simple terms.
(4) Once a body has prepared the document required by subsection (1), it shall revise it as often as it considers necessary in order to ensure that the information contained in it—
(a) is kept up to date so far as is reasonably practicable, and
(b) reflects any changes in the matters for the time being specified in an order under this section.
(5) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Provision of information
121B (1) This section sets out when the document prepared by a body under section 121AA is to be published or otherwise made available.
(2) The body shall—
(a) publish the document (whether in its original or a revised form), and
(b) supply copies of it to the body’s secure tenants,
at such times as may be prescribed by, and otherwise in accordance with, an order made by the Secretary of State.
(3) The body shall make copies of the current version of the document available to be supplied, free of charge, to persons requesting them.
(4) The copies must be made available for that purpose—
(a) at the body’s principal offices, and
(b) at such other places as it considers appropriate,
at reasonable hours.
(5) The body shall take such steps as it considers appropriate to bring to the attention of its secure tenants the fact that copies of the current version of the document can be obtained free of charge from the places where, and at the times when, they are made available in accordance with subsection (4).
(6) In this section any reference to the current version of the document is to the version of the document that was last published by the body in accordance with subsection (2)(a).
(7) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2) In section 104(1) of that Act (provision of information about tenancies), in paragraph (b) (information about Part 4 and Part 5), omit“and Part V (the right to buy)”.
191 Secure tenancies: withholding of consent to mutual exchange
(1) In Schedule 3 to the Housing Act 1985 (c. 68) (grounds for withholding consent to assignment by way of exchange) after Ground 2 insert—
Ground 2A
Either—
(a) a relevant order or suspended Ground 2 or 14 possession order is in force, or
(b) an application is pending before any court for a relevant order, a demotion order or a Ground 2 or 14 possession order to be made,
in respect of the tenant or the proposed assignee or a person who is residing with either of them.
A “relevant order” means—
an injunction under section 152 of the Housing Act 1996 (injunctions against anti-social behaviour);
an injunction to which a power of arrest is attached by virtue of section 153 of that Act (other injunctions against anti-social behaviour);
an injunction under section 153A, 153B or 153D of that Act (injunctions against anti-social behaviour on application of certain social landlords);
an anti-social behaviour order under section 1 of the Crime and Disorder Act 1998; or
an injunction to which a power of arrest is attached by virtue of section 91 of the Anti-social Behaviour Act 2003.
A “demotion order” means a demotion order under section 82A of this Act or section 6A of the Housing Act 1988.
A “Ground 2 or 14 possession order” means an order for possession under Ground 2 in Schedule 2 to this Act or Ground 14 in Schedule 2 to the Housing Act 1988.
Where the tenancy of the tenant or the proposed assignee is a joint tenancy, any reference to that person includes (where the context permits) a reference to any of the joint tenants.
(2) The amendment made by this section applies in relation to applications for consent under section 92 of that Act (assignments by way of exchange) which are made on or after the day on which this section comes into force.
(1) In section 121 of the Housing Act 1985 (circumstances in which right to buy cannot be exercised), after subsection (2) insert—
(3) The right to buy cannot be exercised at any time during the suspension period under an order made under section 121A in respect of the secure tenancy.
(2) After section 121 of that Act insert—
Order suspending right to buy because of anti-social behaviour
121A (1) The court may, on the application of the landlord under a secure tenancy, make a suspension order in respect of the tenancy.
(2) A suspension order is an order providing that the right to buy may not be exercised in relation to the dwelling-house during such period as is specified in the order (“the suspension period”).
(3) The court must not make a suspension order unless it is satisfied—
(a) that the tenant, or a person residing in or visiting the dwelling-house, has engaged or threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 applies (anti-social behaviour or use of premises for unlawful purposes), and
(b) that it is reasonable to make the order.
(4) When deciding whether it is reasonable to make the order, the court must consider, in particular—
(a) whether it is desirable for the dwelling-house to be managed by the landlord during the suspension period; and
(b) where the conduct mentioned in subsection (3)(a) consists of conduct by a person which is capable of causing nuisance or annoyance, the effect that the conduct (or the threat of it) has had on other persons, or would have if repeated.
(5) Where a suspension order is made—
(a) any existing claim to exercise the right to buy in relation to the dwelling-house ceases to be effective as from the beginning of the suspension period, and
(b) section 138(1) shall not apply to the landlord, in connection with such a claim, at any time after the beginning of that period, but
(c) the order does not affect the computation of any period in accordance with Schedule 4.
(6) The court may, on the application of the landlord, make (on one or more occasions) a further order which extends the suspension period under the suspension order by such period as is specified in the further order.
(7) The court must not make such a further order unless it is satisfied—
(a) that, since the making of the suspension order (or the last order under subsection (6)), the tenant, or a person residing in or visiting the dwelling-house, has engaged or threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 applies, and
(b) that it is reasonable to make the further order.
(8) When deciding whether it is reasonable to make such a further order, the court must consider, in particular—
(a) whether it is desirable for the dwelling-house to be managed by the landlord during the further period of suspension; and
(b) where the conduct mentioned in subsection (7)(a) consists of conduct by a person which is capable of causing nuisance or annoyance, the effect that the conduct (or the threat of it) has had on other persons, or would have if repeated.
(9) In this section any reference to the tenant under a secure tenancy is, in relation to a joint tenancy, a reference to any of the joint tenants.
(3) Regulations under—
(a) section 171C of that Act (modifications of Part 5 in relation to preserved right to buy), or
(b) section 184 of the Housing and Regeneration Act 2008 (c. 17) (application of that Part in relation to the right to acquire a dwelling in England),
may make provision for continuing the effect of a suspension order where the secure tenancy in respect of which the order was made has been replaced by an assured tenancy.
193 Right to buy: suspension of landlord’s obligation to complete
(1) In section 138 of the Housing Act 1985 (c. 68) (duty of landlord to convey freehold or grant lease) after subsection (2) insert—
(2A) Subsection (2B) applies if an application is pending before any court—
(a) for a demotion order or Ground 2 possession order to be made in respect of the tenant, or
(b) for a suspension order to be made in respect of the tenancy.
(2B) The landlord is not bound to comply with subsection (1) until such time (if any) as the application is determined without—
(a) a demotion order or an operative Ground 2 possession order being made in respect of the tenant, or
(b) a suspension order being made in respect of the tenancy,
or the application is withdrawn.
(2C) For the purposes of subsection (2A) and (2B)—
“demotion order” means a demotion order under section 82A;
“Ground 2 possession order” means an order for possession under Ground 2 in Schedule 2;
“operative Ground 2 possession order” means an order made under that Ground which requires possession of the dwelling-house to be given up on a date specified in the order;
“suspension order” means a suspension order under section 121A.
(2D) Subsection (1) has effect subject to section 121A(5) (disapplication of subsection (1) where suspension order is made).
(2) The amendment made by this section does not apply in any case where the tenant’s notice under section 122 of that Act (notice claiming to exercise right to buy) was served before the day on which this section comes into force.
194 Disclosure of information as to orders etc. in respect of anti-social behaviour
(1) Any person may disclose relevant information to a landlord under a secure tenancy if the information is disclosed for the purpose of enabling the landlord—
(a) to decide whether either of the provisions of the Housing Act 1985 (c. 68) mentioned in subsection (2) can be invoked in relation to the tenant under the tenancy; or
(b) to take any appropriate action in relation to the tenant in reliance on either of those provisions.
(2) The provisions are—
(a) Ground 2A in Schedule 3 (withholding of consent to mutual exchange where order in force or application pending in connection with anti-social behaviour), and
(b) section 138(2B) (landlord’s obligation to complete suspended while application pending in connection with such behaviour).
(3) In this section—
(a) “relevant information” means information relating to any order or application relevant for the purposes of either of the provisions mentioned in subsection (2), including (in particular) information identifying the person in respect of whom any such order or application has been made;
(b) “secure tenancy” has the meaning given by section 79 of the Housing Act 1985; and
(c) any reference to the tenant under a secure tenancy is, in relation to a joint tenancy, a reference to any of the joint tenants.
(4) Regulations under—
(a) section 171C of the Housing Act 1985 (modifications of Part 5 in relation to preserved right to buy), or
(b) section 184 of the Housing and Regeneration Act 2008 (c. 17) (application of that Part in relation to the right to acquire a dwelling in England),
may make provision corresponding to subsections (1) to (3) of this section so far as those subsections relate to section 138(2B) of the Housing Act 1985.
195 Repayment of discount: periods and amounts applicable
(1) Section 35 of the Housing Act 1985 (repayment of discount on early disposal) is amended in accordance with subsections (2) and (3).
(2) In subsection (2) for the words from “to pay to the authority” to the end of the subsection substitute “ to the following effect. ”
(3) After subsection (2) insert—
(3) The covenant shall be to pay to the authority such sum (if any) as the authority may demand in accordance with subsection (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 authority may demand such sum as they consider appropriate, up to and including the maximum amount specified in this section.
(5) The maximum amount which may be demanded by the authority 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 32.
(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 landlord is reduced by one-fifth.
(7) Subsections (4) to (6) are subject to section 35A.
(4) The amendments made by this section do not apply in any case where—
(a) the purchaser has accepted an offer for the disposal of the house from the authority, or
(b) the authority has accepted an offer for the disposal of the house from the purchaser,
before the day on which this section comes into force.
(5) Subsection (6), however, applies in any such case if the first relevant disposal by the purchaser to which the covenant for repayment of discount applies takes place on or after the day on which this section comes into force.
(6) In the following provisions—
(a) section 35(2) of the Housing Act 1985 (c. 68) (as it has effect without the amendments made by this section), and
(b) any covenant for repayment of discount,
any reference (however expressed) to a person being liable to pay an amount to the authority on demand is to be read as a reference to his being liable to pay to the authority so much of that amount (if any) as the authority may demand.
(7) In subsections (5) and (6) “covenant for repayment of discount” means the covenant contained in a conveyance, grant or assignment in accordance with section 35 of that Act.
196 Repayment of discount: increase attributable to home improvements to be disregarded
After section 35 of the Housing Act 1985 insert—
Increase in value of house attributable to home improvements
35A (1) In calculating the maximum amount which may be demanded by the authority under section 35, 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 section 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 section to make a determination for the purposes of this section 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 section (and in default of an agreement), no amount is required to be disregarded under this section.
(1) After section 36 of the Housing Act 1985 (c. 68) insert—
Right of first refusal for local authority
36A (1) This section applies where, on a disposal of a house under section 32, a discount is given to the purchaser by the local authority in accordance with a consent given by the Secretary of State under subsection (2) of that section; but this section does not apply in any such case if the consent so provides.
(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 subsection (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 local authority which have made a disposal as mentioned in subsection (1), or
(b) such other person as is determined in accordance with the regulations,
a right of first refusal to have a disposal within subsection (6) made to them or him for such consideration as is mentioned in section 36B.
(6) The disposals within this subsection are—
(a) a reconveyance or conveyance of the house; and
(b) a surrender or assignment of the lease.
(7) Regulations under this section 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 subsection (7) any reference to the purchaser is a reference to the purchaser or his successor in title.
Nothing in that subsection affects the generality of subsection (5).
(9) Regulations under this section—
(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 subsection (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 section 36A
36B (1) The consideration for a disposal made in respect of a right of first refusal as mentioned in section 36A(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 section).
(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 section 35 (repayment of discount on early disposal) would be discharged by the vendor.
(3) If the offer is accepted in accordance with regulations under section 36A, no payment shall be required in pursuance of any such covenant as is mentioned in subsection (2), but the consideration shall be reduced, subject to subsection (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 subsection (2), the consideration shall not be reduced under subsection (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 section 36A).
(2) In section 33(2) of the Housing Act 1985 (c. 68) (covenants and conditions which may be imposed), after “But” insert “ , subject to sections 36A and 37, ”.
(3) In section 37(1) of that Act (restriction on disposal of dwelling-houses in National Parks etc.), after “restriction on assignment)” insert “ or a covenant as mentioned in section 36A(3) (right of first refusal for local authority) ”.
(4) In section 41 of that Act (exempted disposals which end liability under covenants), after paragraph (a) insert—
(aa) the covenant required by section 36A (right of first refusal for local authority) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant ceases to apply in relation to the property disposed of, and
.
(5) The amendments made by this section do not apply in relation to a disposal under section 32 of that Act if—
(a) the purchaser has accepted an offer for the disposal of the house from the authority, or
(b) the authority has accepted an offer for the disposal of the house from the purchaser,
before the day on which this section comes into force.
(1) After section 39 of the Housing Act 1985 insert—
Treatment of deferred resale agreements for purposes of section 35
39A (1) If a purchaser or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 35 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.
(2) In subsection (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 subsection 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 32,
(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 subsection (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 subsection (1) to apply to agreements of any description specified in the order in addition to those within subsection (3);
(b) for subsection (1) not to apply to agreements of any description so specified to which it would otherwise apply.
(6) An order under subsection (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 section—
“agreement” includes arrangement;
“the discount repayment period” means the period of 3 years that applies for the purposes of section 35(2) or the period of five years that applies for the purposes of section 35(3) (depending on whether an offer such as is mentioned in section 195(4) of the Housing Act 2004 was made before or on or after the coming into force of that section).
(2) The amendment made by this section does not apply in relation to any agreement or arrangement made before the day on which this section comes into force.
199 Repayment of discount: periods and amounts payable
(1) For section 11 of the Housing Act 1996 (c. 52) substitute—
Covenant for repayment of discount on disposal
11 (1) Where on a disposal of a house by a registered social landlord, in accordance with a consent given by the Relevant Authority under section 9, a discount has been given to the purchaser, and the consent does not provide otherwise, the conveyance, grant or assignment shall contain a covenant binding on the purchaser and his successors in title to the following effect.
(2) The covenant shall be to pay to the landlord such sum (if any) as the landlord may demand in accordance with subsection (3) on the occasion of the first relevant disposal which is not an exempted disposal and which takes place within the period of five years beginning with the conveyance, grant or assignment.
(3) The landlord may demand such sum as he considers appropriate, up to and including the maximum amount specified in this section.
(4) The maximum amount which may be demanded by the landlord 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 by the landlord.
(5) 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 landlord is reduced by one-fifth.
(6) Subsections (3) to (5) are subject to section 11A.
Increase in value of house attributable to home improvements to be disregarded
11A (1) In calculating the maximum amount which may be demanded by the landlord under section 11, 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 section 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 section to make a determination for the purposes of this section 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 section (and in default of an agreement), no amount is required to be disregarded under this section.
Liability to repay is a charge on the house
11B (1) The liability that may arise under the covenant required by section 11 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) Where there is a relevant disposal which is an exempted disposal by virtue of section 15(4)(d) or (e) (compulsory disposal or disposal of yard, garden, etc.)—
(a) the covenant required by section 11 is not binding on the person to whom the disposal is made or any successor in title of his, and
(b) the covenant and the charge taking effect by virtue of this section cease to apply in relation to the property disposed of.
(2) In section 12, for “section 11” in each place where it occurs substitute “ section 11B ”.
(3) The amendments made by this section do not apply in any case where—
(a) the purchaser has accepted an offer for the disposal of the house from the landlord, or
(b) the landlord has accepted an offer for the disposal of the house from the purchaser,
before the day on which this section comes into force.
(4) Subsection (5), however, applies in any such case if the first relevant disposal by the purchaser to which the covenant for repayment of discount applies takes place on or after the day on which this section comes into force.
(5) In the following provisions—
(a) section 11(2) of the Housing Act 1996 (c. 52) (as it has effect without the amendments made by this section), and
(b) any covenant for repayment of discount,
any reference (however expressed) to a person being liable to pay an amount to the landlord on demand is to be read as a reference to his being liable to pay to the landlord so much of that amount (if any) as the landlord may demand.
(6) In subsections (4) and (5) “covenant for repayment of discount” means the covenant contained in a conveyance, grant or assignment in accordance with section 11 of that Act.
200 Registered social landlord’s right of first refusal
(1) After section 12 of the Housing Act 1996 insert—
Right of first refusal for registered social landlord
12A (1) Where on a disposal of a house by a registered social landlord, in accordance with a consent given by the Relevant Authority under section 9, a discount has been given to the purchaser, and the consent does not provide otherwise, the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title.
(2) 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.
(3) In subsection (2) “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.
(4) The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on—
(a) a registered social landlord which has made a disposal as mentioned in subsection (1), or
(b) such other person as is determined in accordance with the regulations,
a right of first refusal to have a disposal within subsection (5) made to him for such consideration as is mentioned in section 12B.
(5) The disposals within this subsection are—
(a) a reconveyance or conveyance of the house; and
(b) a surrender or assignment of the lease.
(6) Regulations under this section 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.
(7) In subsection (6) any reference to the purchaser is a reference to the purchaser or his successor in title.
Nothing in that subsection affects the generality of subsection (4).
(8) Regulations under this section—
(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.
(9) The limitation imposed by a covenant within subsection (2) is a local land charge.
(10) The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.
(11) Where there is a relevant disposal which is an exempted disposal by virtue of section 15(4)(d) or (e) (compulsory disposal or disposal of yard, garden, &c)—
(a) the covenant required by this section is not binding on the person to whom the disposal is made or any successor in title of his, and
(b) the covenant ceases to apply in relation to the property disposed of.
Consideration payable for disposal under section 12A
12B (1) The consideration for a disposal made in respect of a right of first refusal as mentioned in section 12A(4) 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 section).
(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 section 11 (repayment of discount on early disposal) would be discharged by the vendor.
(3) If the offer is accepted in accordance with regulations under section 12A, no payment shall be required in pursuance of any such covenant as is mentioned in subsection (2), but the consideration shall be reduced, subject to subsection (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 subsection (2), the consideration shall not be reduced under subsection (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 section 12A).
(2) In section 13(1) of the Housing Act 1996 (c. 52) (restriction on disposal of houses in National Parks, &c), after “restriction on assignment)” insert “ or a covenant as mentioned in section 12A(2) of this Act (right of first refusal for registered social landlord) ”.
(3) The amendments made by this section do not apply in relation to a disposal under section 8 of that Act if—
(a) the purchaser has accepted an offer for the disposal of the house from the landlord, or
(b) the landlord has accepted an offer for the disposal of the house from the purchaser,
before the day on which this section comes into force.
(1) After section 15 of the Housing Act 1996 insert—
Treatment of deferred resale agreements for purposes of section 11
15A (1) If a purchaser or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 11 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.
(2) In subsection (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 subsection 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, by virtue of section 8,
(b) which is made before the end of the discount repayment period, and
(c) under which a relevant disposal which is not 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 subsection (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 subsection (1) to apply to agreements of any description specified in the order in addition to those within subsection (3);
(b) for subsection (1) not to apply to agreements of any description so specified to which it would otherwise apply.
(6) An order under subsection (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 section—
“agreement” includes arrangement;
“the discount repayment period” means the period of three or five years that applies for the purposes of section 11(2) (depending on whether an offer such as is mentioned in section 199(3) of the Housing Act 2004 was made before or on or after the coming into force of that section).
(2) The amendment made by this section does not apply in relation to any agreement or arrangement made before the day on which this section comes into force.
203 Repayment of discount: periods and amounts payable
(1) Schedule 11 to the Housing Act 1988 (c. 50) (provisions applicable to certain disposals of houses) is amended as follows.
(2) In paragraph 1(2) for the words from “to pay to the housing action trust” to the end of the sub-paragraph substitute “ to the following effect. ”
(3) After paragraph 1(2) insert—
(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.
(4) The amendments made by this section do not apply in any case where—
(a) the purchaser has accepted an offer for the disposal of the house from the housing action trust, or
(b) the housing action trust has accepted an offer for the disposal of the house from the purchaser,
before the day on which this section comes into force.
(5) Subsection (6), however, applies in any such case if the first relevant disposal by the purchaser to which the covenant for repayment of discount applies takes place on or after the day on which this section comes into force.
(6) In the following provisions—
(a) paragraph 1(2) of Schedule 11 to the Housing Act 1988 (c. 50) (as it has effect without the amendments made by this section), and
(b) any covenant for repayment of discount,
any reference (however expressed) to a person being liable to pay an amount to the housing action trust on demand is to be read as a reference to his being liable to pay to the trust so much of that amount (if any) as the trust may demand.
(7) In subsections (5) and (6) “covenant for repayment of discount” means the covenant contained in a conveyance, grant or assignment in accordance with paragraph 1 of Schedule 11 to that Act.
(1) After paragraph 2 of Schedule 11 to the Housing Act 1988 insert—
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).
(2) In paragraph 6 of Schedule 11 to that Act (exempted disposals ending obligation under covenants), at the end of paragraph (b) insert
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.
(3) The amendments made by this section do not apply in relation to a disposal under section 79 of that Act if—
(a) the purchaser has accepted an offer for the disposal of the house from the housing action trust, or
(b) the housing action trust has accepted an offer for the disposal of the house from the purchaser,
before the day on which this section comes into force.
(1) After paragraph 7 of Schedule 11 to the Housing Act 1988 (c. 50) insert—
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).
(2) The amendment made by this section does not apply in relation to any agreement or arrangement made before the day on which this section comes into force.
206 Particulars of site agreements to be given in advance
(1) For section 1 of the Mobile Homes Act 1983 (c. 34) (particulars of agreements between site owners and occupiers of mobile homes) substitute—
Particulars of agreements
1 (1) This Act applies to any agreement under which a person (“the occupier”) is entitled—
(a) to station a mobile home on land forming part of a protected site; and
(b) to occupy the mobile home as his only or main residence.
(2) Before making an agreement to which this Act applies, the owner of the protected site (“the owner”) shall give to the proposed occupier under the agreement a written statement which—
(a) specifies the names and addresses of the parties;
(b) includes particulars of the land on which the proposed occupier is to be entitled to station the mobile home that are sufficient to identify that land;
(c) sets out the express terms to be contained in the agreement;
(d) sets out the terms to be implied by section 2(1) below; and
(e) complies with such other requirements as may be prescribed by regulations made by the appropriate national authority.
(3) The written statement required by subsection (2) above must be given—
(a) not later than 28 days before the date on which any agreement for the sale of the mobile home to the proposed occupier is made, or
(b) (if no such agreement is made before the making of the agreement to which this Act applies) not later than 28 days before the date on which the agreement to which this Act applies is made.
(4) But if the proposed occupier consents in writing to that statement being given to him by a date (“the chosen date”) which is less than 28 days before the date mentioned in subsection (3)(a) or (b) above, the statement must be given to him not later than the chosen date.
(5) If any express term—
(a) is contained in an agreement to which this Act applies, but
(b) was not set out in a written statement given to the proposed occupier in accordance with subsections (2) to (4) above,
the term is unenforceable by the owner or any person within section 3(1) below.
This is subject to any order made by the court under section 2(3) below.
(6) If the owner has failed to give the occupier a written statement in accordance with subsections (2) to (4) above, the occupier may, at any time after the making of the agreement, apply to the court for an order requiring the owner—
(a) to give him a written statement which complies with paragraphs (a) to (e) of subsection (2) (read with any modifications necessary to reflect the fact that the agreement has been made), and
(b) to do so not later than such date as is specified in the order.
(7) A statement required to be given to a person under this section may be either delivered to him personally or sent to him by post.
(8) Any reference in this section to the making of an agreement to which this Act applies includes a reference to any variation of an agreement by virtue of which the agreement becomes one to which this Act applies.
(9) Regulations under this section—
(a) shall be made by statutory instrument;
(b) if made by the Secretary of State, shall be subject to annulment in pursuance of a resolution of either House of Parliament; and
(c) may make different provision with respect to different cases or descriptions of case, including different provision for different areas.
(2) Section 2 of that Act (terms of agreements) is amended as follows—
(a) in subsection (2), for “within six months of the giving of the statement under section 1(2) above” substitute “ within the relevant period ”; and
(b) for subsection (3) substitute—
(3) The court may, on the application of either party made within the relevant period, make an order—
(a) varying or deleting any express term of the agreement;
(b) in the case of any express term to which section 1(6) above applies, provide for the term to have full effect or to have such effect subject to any variation specified in the order.
(3A) In subsections (2) and (3) above “the relevant period” means the period beginning with the date on which the agreement is made and ending—
(a) six months after that date, or
(b) where a written statement relating to the agreement is given to the occupier after that date (whether or not in compliance with an order under section 1(6) above), six months after the date on which the statement is given;
and section 1(8) above applies for the purposes of this subsection as it applies for the purposes of section 1.
(3) In section 5(1) of that Act (interpretation) insert at the appropriate place—
“the appropriate national authority” means—
(a) in relation to England, the Secretary of State, and
(b) in relation to Wales, the National Assembly for Wales;
.
(4) The amendments made by subsections (1) and (2) do not apply in relation to an agreement to which that Act applies where—
(a) the agreement, or
(b) (if it becomes one to which that Act applies as the result of any variation of it) the variation in question,
is made before the end of the period of 28 days beginning with the day on which those subsections come into force.
(5) The new section 1(9)(b) inserted by subsection (1) does not affect the continuing validity of any regulations made under section 1 of that Act before the passing of this Act.
207 Implied terms relating to termination of agreements or disposal of mobile homes
(1) Part 1 of Schedule 1 to the Mobile Homes Act 1983 (c. 34) (terms implied in site agreements) is amended as follows.
(2) In paragraph 6 (termination by owner on ground of detrimental effect resulting from age and condition of mobile home)—
(a) omit “age and”; and
(b) after sub-paragraph (2) insert—
(3) Sub-paragraphs (4) and (5) below apply if, on an application under sub-paragraph (1) above—
(a) the court considers that, having regard to the present condition of the mobile home, paragraph (a) or (b) of that sub-paragraph applies to it, but
(b) it also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in neither of those paragraphs applying to it, and
(c) the occupier indicates that he intends to carry out those repairs.
(4) In such a case the court may make an order adjourning proceedings on the application for such period specified in the order as the court considers reasonable to allow the repairs to be carried out.
The repairs must be set out in the order.
(5) If the court makes such an order, the application shall not be further proceeded with unless the court is satisfied that the specified period has expired without the repairs having been carried out.
(3) In paragraph 8 (sale of mobile home to person approved by owner)—
(a) after sub-paragraph (1) insert—
(1A) The occupier may serve on the owner a request for the owner to approve a person for the purposes of sub-paragraph (1) above.
(1B) Where the owner receives such a request, he must, within the period of 28 days beginning with the date on which he received the request—
(a) approve the person, unless it is reasonable for him not to do so, and
(b) serve on the occupier notice of his decision whether or not to approve the person.
(1C) A notice under sub-paragraph (1B) above must specify—
(a) if the approval is given subject to conditions, the conditions, and
(b) if the approval is withheld, the reasons for withholding it.
(1D) The giving of approval subject to any condition that is not a reasonable condition does not satisfy the requirement in sub-paragraph (1B)(a) above.
(1E) If the owner fails to notify the occupier as required by sub-paragraphs (1B) and (1C) above, the occupier may apply to the court for an order declaring that the person is approved for the purposes of sub-paragraph (1) above; and the court may make such an order if it thinks fit.
(1F) It is for the owner—
(a) if he served a notice as mentioned in sub-paragraphs (1B) and (1C) and the question arises whether he served the notice within the required period of 28 days, to show that he did;
(b) if he gave his approval subject to any condition and the question arises whether the condition was a reasonable condition, to show that it was;
(c) if he did not give his approval and the question arises whether it was reasonable for him not to do so, to show that it was reasonable.
(1G) A request or notice under this paragraph—
(a) must be in writing, and
(b) may be served by post.
;
(b) in sub-paragraph (2) for “the Secretary of State” substitute “ the appropriate national authority ”; and
(c) in sub-paragraph (3)(a) after “which” insert “ (if made by the Secretary of State) ”.
(4) After the existing provisions of paragraph 9 (gift of mobile home to person approved by owner), which become sub-paragraph (1), insert—
(2) Sub-paragraphs (1A) to (1G) of paragraph 8 above shall apply in relation to the approval of a person for the purposes of sub-paragraph (1) above as they apply in relation to the approval of a person for the purposes of sub-paragraph (1) of that paragraph.
(5) After Part 2 of Schedule 1 to the Mobile Homes Act 1983 (c. 34) insert—
Part 3 Supplementary Provisions
Duty to forward requests under paragraph 8 or 9 of Part 1
1 (1) This paragraph applies to—
(a) a request by the occupier for the owner to approve a person for the purposes of paragraph 8(1) of Part 1 (see paragraph 8(1A)), or
(b) a request by the occupier for the owner to approve a person for the purposes of paragraph 9(1) of Part 1 (see paragraph 8(1A) as applied by paragraph 9(2)).
(2) If a person (“the recipient”) receives such a request and he—
(a) though not the owner, has an estate or interest in the protected site, and
(b) believes that another person is the owner (and that the other person has not received such a request),
the recipient owes a duty to the occupier to take such steps as are reasonable to secure that the other person receives the request within the period of 28 days beginning with the date on which the recipient receives it.
(3) In paragraph 8(1B) of Part 1 of this Schedule (as it applies to any request within sub-paragraph (1) above) any reference to the owner receiving such a request includes a reference to his receiving it in accordance with sub-paragraph (2) above.
Action for breach of duty under paragraph 1
2 (1) A claim that a person has broken the duty under paragraph 1(2) above may be made the subject of civil proceedings in like manner as any other claim in tort for breach of statutory duty.
(2) The right conferred by sub-paragraph (1) is in addition to any right to bring proceedings, in respect of a breach of any implied term having effect by virtue of paragraph 8 or 9 of Part 1 of this Schedule, against a person bound by that term.
(6) The amendments made by this section apply in relation to an agreement to which the Mobile Homes Act 1983 applies that was made before the day on which this section comes into force (“the appointed day”), as well as in relation to one made on or after that day.
Any reference in this subsection to the making of an agreement to which that Act applies includes a reference to any variation of an agreement by virtue of which the agreement becomes one to which that Act applies.
(7) However—
(a) the amendments made by subsection (2) do not apply in relation to any application made before the appointed day for the purposes of paragraph 6 of Part 1 of Schedule 1 to that Act; and
(b) the amendments made by subsections (3)(a), (4) and (5) do not apply in relation to any request for approval made before the appointed day for the purposes of paragraph 8(1) or (as the case may be) 9(1) of that Part of that Schedule.
208 Power to amend terms implied in site agreements
(1) After section 2 of the Mobile Homes Act 1983 (c. 34) insert—
Power to amend implied terms
2A (1) The appropriate national authority may by order make such amendments of Part 1 or 2 of Schedule 1 to this Act as the authority considers appropriate.
(2) An order under this section—
(a) shall be made by statutory instrument;
(b) may make different provision with respect to different cases or descriptions of case, including different provision for different areas;
(c) may contain such incidental, supplementary, consequential, transitional or saving provisions as the authority making the order considers appropriate.
(3) Without prejudice to the generality of subsections (1) and (2), an order under this section may—
(a) make provision for or in connection with the determination by the court of such questions, or the making by the court of such orders, as are specified in the order;
(b) make such amendments of any provision of this Act as the authority making the order considers appropriate in consequence of any amendment made by the order in Part 1 or 2 of Schedule 1.
(4) The first order made under this section in relation to England or Wales respectively may provide for all or any of its provisions to apply in relation to agreements to which this Act applies that were made at any time before the day on which the order comes into force (as well as in relation to such agreements made on or after that day).
(5) No order may be made by the appropriate national authority under this section unless the authority has consulted—
(a) such organisations as appear to it to be representative of interests substantially affected by the order; and
(b) such other persons as it considers appropriate.
(6) No order may be made by the Secretary of State under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
(2) For the purposes of subsection (5) of the section 2A inserted by this section, consultation undertaken before the date of the passing of this Act constitutes as effective compliance with that subsection as if undertaken on or after that date.
(1) Section 1 of the Caravan Sites Act 1968 (c. 52) (application of provisions for protection of residential occupiers of caravan sites) is amended as follows.
(2) In subsection (2) (under which “protected site” includes certain local authority sites) for “paragraph 11 of Schedule 1 to that Act (exemption of land occupied by local authorities) substitute “paragraph 11 or 11A of Schedule 1 to that Act (exemption of gypsy and other local authority sites)”.
(3) The amendment made by subsection (2) above does not affect the operation of—
(a) section 2 of the Act (minimum length of notice) in relation to any notice given before the day on which this section comes into force, or
(b) section 3 of the Act (protection from eviction) in relation to any conduct occurring before that day, or
(c) section 4 of the Act (suspension of eviction orders) in relation to any proceedings begun before that day.
(4) In subsection (3)(b) the reference to section 3 of the Act is to that section whether as amended by section 210 of this Act or otherwise.
210 Extension of protection from harassment for occupiers of mobile homes
(1) Section 3 of the Caravan Sites Act 1968 (protection of occupiers against eviction and harassment) is amended as follows.
(2) In subsection (1) (offence where person, with the specified intent, does acts calculated to interfere with the peace or comfort of the occupier etc.) for “calculated to interfere” substitute “likely to interfere”.
(3) After subsection (1) insert—
(1A) Subject to the provisions of this section, the owner of a protected site or his agent shall be guilty of an offence under this section if, whether during the subsistence or after the expiration or determination of a residential contract—
(a) he does acts likely to interfere with the peace or comfort of the occupier or persons residing with him, or
(b) he persistently withdraws or withholds services or facilities reasonably required for the occupation of the caravan as a residence on the site,
and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the occupier to do any of the things mentioned in subsection (1)(c)(i) or (ii) of this section.
(1B) References in subsection (1A) of this section to the owner of a protected site include references to a person with an estate or interest in the site which is superior to that of the owner.
(4) In subsection (3) (penalties for offences), for the words from “be liable” onwards substitute
be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 12 months, or to both;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both.
(5) After subsection (4) insert—
(4A) In proceedings for an offence under subsection (1A) of this section it shall be a defence to prove that the accused had reasonable grounds for doing the acts or withdrawing or withholding the services or facilities in question.
(6) The amendments made by this section do not apply in relation to any conduct occurring before the day on which this section comes into force.
(7) In the case of an offence committed before 2 May 2022, the amendment made by subsection (4) has effect as if for “12 months” there were substituted “6 months”.
(1) In section 4(6) of the Caravan Sites Act 1968 (c. 52) (provision for suspension of eviction orders) for the words from “in the following cases” to the end of paragraph (b) substitute
if—
(a) no site licence under Part 1 of that Act is in force in respect of the site, and
(b) paragraph 11 or 11A of Schedule 1 to the Caravan Sites and Control of Development Act 1960 (c. 2) does not apply;
.
(2) The amendment made by subsection (1) does not apply in relation to proceedings begun before the day on which this section comes into force.
(1) The Secretary of State must make arrangements for securing that one or more tenancy deposit schemes are available for the purpose of safeguarding tenancy deposits paid in connection with shorthold assured tenancies.
(2) For the purposes of this Chapter a “tenancy deposit scheme” is a scheme which—
(a) is made for the purpose of safeguarding tenancy deposits paid in connection with shorthold assured tenancies and facilitating the resolution of disputes arising in connection with such deposits, and
(b) complies with the requirements of Schedule 10.
(3) Arrangements under subsection (1) must be arrangements made with any body or person under which the body or person (“the scheme administrator”) undertakes to establish and maintain a tenancy deposit scheme of a description specified in the arrangements.
(4) The Secretary of State may—
(a) give financial assistance to the scheme administrator;
(b) make payments to the scheme administrator (otherwise than as financial assistance) in pursuance of arrangements under subsection (1).
(5) The Secretary of State may, in such manner and on such terms as it thinks fit, guarantee the discharge of any financial obligation incurred by the scheme administrator in connection with arrangements under subsection (1).
(6) Arrangements under subsection (1) must require the scheme administrator to give the Secretary of State, in such manner and at such times as it may specify, such information and facilities for obtaining information as it may specify.
(6A) For further provision about what must be included in the arrangements, see section 212A.
(7) The Secretary of State may make regulations conferring or imposing—
(a) on scheme administrators, or
(b) on scheme administrators of any description specified in the regulations,
such powers or duties in connection with arrangements under subsection (1) as are so specified.
(8) In this Chapter—
“assured tenancy” means an assured tenancy within the meaning of Chapter 1 of Part 1 of the Housing Act 1988 (for transitional provision see Schedule 6 to the Renters’ Rights Act 2025);
“authorised”, in relation to a tenancy deposit scheme, means that the scheme is in force in accordance with arrangements under subsection (1);
“custodial scheme” and “insurance scheme” have the meaning given by paragraph 1(2) and (3) of Schedule 10);
“money” means money in the form of cash or otherwise;
“shorthold tenancy” means an assured shorthold tenancy of a dwelling-house in England within the meaning of Chapter 2 of Part 1 of the Housing Act 1988 (c. 50);
“tenancy deposit”, in relation to a shorthold an assured tenancy, means any money intended to be held (by the landlord or otherwise) as security for—
the performance of any obligations of the tenant, or
the discharge of any liability of his,
arising under or in connection with the tenancy.
(9) In this Chapter—
(a) references to a landlord or landlords in relation to any shorthold assured tenancy or tenancies include references to a person or persons acting on his or their behalf in relation to the tenancy or tenancies, and
(b) references to a tenancy deposit being held in accordance with a scheme include, in the case of a custodial scheme, references to an amount representing the deposit being held in accordance with the scheme.
212A Provision of information to local authorities
(1) Arrangements under section 212(1) made by the Secretary of State must require the scheme administrator—
(a) to give a local housing authority in England any specified information that they request, or
(b) to provide facilities for the sharing of specified information with a local housing authority in England.
(2) In subsection (1) “specified information” means information, of a description specified in the arrangements, that relates to a tenancy of premises in the local housing authority's area.
(3) Arrangements made by virtue of this section may make the requirement to provide information or facilities to a local housing authority conditional on the payment of a fee.
(4) Arrangements made by virtue of this section may include supplementary provision, for example about—
(a) the form or manner in which any information is to be provided,
(b) the time or times at which it is to be provided, and
(c) the notification of anyone to whom the information relates.
(5) Information obtained by a local housing authority by virtue of this section may be used only—
(a) for a purpose connected with the exercise of the authority's functions under any of Parts 1 to 4 in relation to any premises,
(aa) for a purpose connected with the exercise of the authority’s functions under or by virtue of Part 7 in relation to any qualifying residential premises within the meaning given by section 2B,
(ab) for a purpose connected with the authority’s functions under or by virtue of the following in relation to any premises—
sections 1 and 1A of the Protection from Eviction Act 1977,
Chapter 1 of Part 1 of the Housing Act 1988,
section 83(1) or 84(1) of the Enterprise and Regulatory Reform Act 2013,
sections 21 to 23, 41 and 133 to 135 of the Housing and Planning Act 2016,
Chapter 3 of Part 1 and Part 2 of the Renters’ Rights Act 2025,
or
(b) for the purpose of investigating whether an offence has been committed under any provision mentioned in paragraphs (a) to (ab) in relation to premises or qualifying residential premises (as the case may be).
(6) Information obtained by a local housing authority by virtue of this section may be supplied to a person providing services to the authority for a purpose listed in subsection (5).
(7) The Secretary of State may by regulations amend the list of purposes in subsection (5).
(1) Any tenancy deposit paid to a person in connection with a shorthold an assured tenancy must, as from the time when it is received, be dealt with in accordance with an authorised scheme.
(2) No person may require the payment of a tenancy deposit in connection with a shorthold an assured tenancy which is not to be subject to the requirement in subsection (1).
(3) Where a landlord receives a tenancy deposit in connection with a shorthold an assured tenancy, the initial requirements of an authorised scheme must be complied with by the landlord in relation to the deposit within the period of 30 days beginning with the date on which it is received.
(4) For the purposes of this section “the initial requirements” of an authorised scheme are such requirements imposed by the scheme as fall to be complied with by a landlord on receiving such a tenancy deposit.
(5) A landlord who has received such a tenancy deposit must give the tenant and any relevant person such information relating to—
(a) the authorised scheme applying to the deposit,
(b) compliance by the landlord with the initial requirements of the scheme in relation to the deposit, and
(c) the operation of provisions of this Chapter in relation to the deposit,
as may be prescribed.
(6) The information required by subsection (5) must be given to the tenant and any relevant person—
(a) in the prescribed form or in a form substantially to the same effect, and
(b) within the period of 30 days beginning with the date on which the deposit is received by the landlord.
(7) No person may, in connection with a shorthold an assured tenancy, require a deposit which consists of property other than money.
(8) In subsection (7) “deposit” means a transfer of property intended to be held (by the landlord or otherwise) as security for—
(a) the performance of any obligations of the tenant, or
(b) the discharge of any liability of his,
arising under or in connection with the tenancy.
(9) The provisions of this section apply despite any agreement to the contrary.
(10) In this section—
“prescribed” means prescribed by an order made by the Secretary of State;
“property” means moveable property;
“relevant person” means any person who, in accordance with arrangements made with the tenant, paid the deposit on behalf of the tenant.
(1) Where a tenancy deposit has been paid in connection with a shorthold an assured tenancy on or after 6 April 2007, the tenant or any relevant person (as defined by section 213(10)) may make an application to the county court on the grounds—
(a) that section 213(3) or (6) has not been complied with in relation to the deposit, or
(b) that he has been notified by the landlord that a particular authorised scheme applies to the deposit but has been unable to obtain confirmation from the scheme administrator that the deposit is being held in accordance with the scheme.
(1ZA) In relation to a tenancy that, immediately before the commencement date, was an assured shorthold tenancy, subsection (1) applies as if after “assured tenancy”, in the first place it occurs, there were inserted “on or after 6 April 2007”.
(1ZB) In subsection (1ZA)—
“assured shorthold tenancy” means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of the Housing Act 1988 as it had effect before the amendments made by the Renters’ Rights Act 2025;
“the commencement date” has the meaning given by section 146(3) of the Renters’ Rights Act 2025.
(1A) Subsection (1) also applies in a case where the tenancy has ended, and in such a case the reference in subsection (1) to the tenant is to a person who was a tenant under the tenancy.
(2) Subsections (3) and (4) apply in the case of an application under subsection (1) if the tenancy has not ended and the court—
(a) is satisfied that section 213(3) or (6) has not been complied with in relation to the deposit, or
(b) is not satisfied that the deposit is being held in accordance with an authorised scheme,
as the case may be.
(2A) Subsections (3A) and (4) apply in the case of an application under subsection (1) if the tenancy has ended (whether before or after the making of the application) and the court—
(a) is satisfied that section 213(3) or (6) has not been complied with in relation to the deposit, or
(b) is not satisfied that the deposit is being held in accordance with an authorised scheme,
as the case may be.
(3) The court must, as it thinks fit, either—
(a) order the person who appears to the court to be holding the deposit to repay it to the applicant, or
(b) order that person to pay the deposit into the designated account held by the scheme administrator under an authorised custodial scheme,
within the period of 14 days beginning with the date of the making of the order.
(3A) The court may order the person who appears to the court to be holding the deposit to repay all or part of it to the applicant within the period of 14 days beginning with the date of the making of the order.
(4) The court must ... order the landlord to pay to the applicant a sum of money not less than the amount of the deposit and not more than three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order.
(5) Where any deposit given in connection with a shorthold an assured tenancy could not be lawfully required as a result of section 213(7), the property in question is recoverable from the person holding it by the person by whom it was given as a deposit.
(6) In subsection (5) “deposit” has the meaning given by section 213(8).
215 Sanctions for non-compliance Sanctions for non-compliance
(1) Subject to subsection (2A), if (whether before, on or after 6 April 2007) a tenancy deposit has been paid in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy at a time when the deposit is not being held in accordance with an authorised scheme.
(1A) Subject to subsection (2A), if a tenancy deposit has been paid in connection with a shorthold tenancy on or after 6 April 2007, no section 21 notice may be given in relation to the tenancy at a time when section 213(3) has not been complied with in relation to the deposit.
(2) Subject to subsection (2A), If section 213(6) is not complied with in relation to a deposit given in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy until such time as section 213(6)(a) is complied with.
(2A) Subsections (1) , (1A) and (2) do not apply in a case where—
(a) the deposit has been returned to the tenant in full or with such deductions as are agreed between the landlord and tenant, or
(b) an application to the county court has been made under section 214(1) and has been determined by the court, withdrawn or settled by agreement between the parties.
(3) If any deposit given in connection with a shorthold tenancy could not be lawfully required as a result of section 213(7), no section 21 notice may be given in relation to the tenancy until such time as the property in question is returned to the person by whom it was given as a deposit.
(4) In subsection (3) “deposit” has the meaning given by section 213(8).
(5) In this section a “section 21 notice” means a notice under section 21(1)(b) or (4)(a) of the Housing Act 1988 (recovery of possession on termination of shorthold tenancy).
(1) Where a tenancy deposit has been paid in connection with an assured tenancy, the court may make an order for possession of the dwelling-house let on the assured tenancy only if the tenancy deposit is being held in accordance with an authorised scheme.
(2) Where a tenancy deposit has been paid in connection with an assured tenancy, the court may make an order for possession of the dwelling-house let on the assured tenancy only if such requirements of the scheme as fell to be complied with by the landlord on receiving the tenancy deposit have been complied with (whether or not within the period mentioned by section 213(3)) in relation to the tenancy deposit.
(3) Where a tenancy deposit has been paid in connection with an assured tenancy, the court may make an order for possession of the dwelling-house let on the assured tenancy only if the requirements of section 213(5) and (6)(a) have been complied with.
(4) Subsections (1) to (3) do not apply in relation to an order for possession made on Ground 7A or 14 in Schedule 2 to the Housing Act 1988 (whether or not any other grounds for possession are met).
(5) Subsections (1) to (3) do not apply where—
(a) the tenancy deposit has been returned to the tenant in full or with such deductions as are agreed between the landlord and tenant, or
(b) an application to the county court has been made under section 214(1) and has been determined by that court, withdrawn or settled by agreement between the parties.
(6) If any deposit given in connection with an assured tenancy could not be lawfully required as a result of section 213(7), the court may not make an order for possession of the dwelling-house let on the assured tenancy until the property in question is returned to the person by whom it was given as a deposit.
(7) In subsection (6) “deposit” has the meaning given by section 213(8).
(8) In relation to an assured tenancy that was entered into before the commencement date, subsection (2) is to be read as if the words “on or after 6 April 2007” were inserted after “assured tenancy” in the first place it occurs.
(9) See also paragraph 11 of Schedule 6 to the Renters’ Rights Act 2025 (disapplication of amendments to this Chapter in relation to a tenancy that immediately before the commencement date was an assured tenancy other than an assured shorthold tenancy).
(10) In this section—
“assured shorthold tenancy” means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of the Housing Act 1988 as it had effect before the amendments made by the Renters’ Rights Act 2025;
“the commencement date” has the meaning given by section 146(3) of the Renters’ Rights Act 2025;
“the court” means a court having jurisdiction to make an order for possession of a dwelling-house let on an assured tenancy (see section 40 of the Housing Act 1988);
“dwelling-house” has the same meaning as in Part 1 of the Housing Act 1988 (see section 45 of that Act).
215A Statutory periodic tenancies: deposit received before 6 April 2007
(1) This section applies where—
(a) before 6 April 2007, a tenancy deposit has been received by a landlord in connection with a fixed term shorthold tenancy,
(b) on or after that date, a periodic shorthold tenancy is deemed to arise under section 5 of the Housing Act 1988 on the coming to an end of the fixed term tenancy,
(c) on the coming to an end of the fixed term tenancy, all or part of the deposit paid in connection with the fixed term tenancy is held in connection with the periodic tenancy, and
(d) the requirements of section 213(3), (5) and (6) have not been complied with by the landlord in relation to the deposit held in connection with the periodic tenancy.
(2) If, on the commencement date—
(a) the periodic tenancy is in existence, and
(b) all or part of the deposit paid in connection with the fixed term tenancy continues to be held in connection with the periodic tenancy,
section 213 applies in respect of the deposit that continues to be held in connection with the periodic tenancy, and any additional deposit held in connection with that tenancy, with the modifications set out in subsection (3).
(3) The modifications are that, instead of the things referred to in section 213(3) and (5) being required to be done within the time periods set out in section 213(3) and (6)(b), those things are required to be done—
(a) before the end of the period of 90 days beginning with the commencement date, or
(b) (if earlier) before the first day after the commencement date on which a court does any of the following in respect of the periodic tenancy—
(i) determines an application under section 214 or decides an appeal against a determination under that section;
(ii) makes a determination as to whether to make an order for possession in proceedings under section 21 of the Housing Act 1988 or decides an appeal against such a determination.
(4) If, on the commencement date—
(a) the periodic tenancy is no longer in existence, or
(b) no deposit continues to be held in connection with the periodic tenancy,
the requirements of section 213(3), (5) and (6) are treated as if they had been complied with by the landlord in relation to any deposit that was held in connection with the periodic tenancy.
(5) In this section “the commencement date” means the date on which the Deregulation Act 2015 is passed.
215B Shorthold Assured tenancies: deposit received on or after 6 April 2007
(1) This section applies where—
(a) on or after 6 April 2007, a tenancy deposit has been received by a landlord in connection with a shorthold an assured tenancy (“the original tenancy”),
(b) the initial requirements of an authorised scheme have been complied with by the landlord in relation to the deposit (ignoring any requirement to take particular steps within any specified period),
(c) the requirements of section 213(5) and (6)(a) have been complied with by the landlord in relation to the deposit when it is held in connection with the original tenancy (ignoring any deemed compliance under section 215A(4)),
(d) a new shorthold assured tenancy comes into being on the coming to an end of the original tenancy or a tenancy that replaces the original tenancy (directly or indirectly),
(e) the new tenancy replaces the original tenancy (directly or indirectly), and
(f) when the new tenancy comes into being, the deposit continues to be held in connection with the new tenancy, in accordance with the same authorised scheme as when the requirements of section 213(5) and (6)(a) were last complied with by the landlord in relation to the deposit.
(2) In their application to the new tenancy, the requirements of section 213(3), (5) and (6) are treated as if they had been complied with by the landlord in relation to the deposit.
(3) The condition in subsection (1)(a) may be met in respect of a tenancy even if the tenancy deposit was first received in connection with an earlier tenancy (including where it was first received before 6 April 2007).
(4) For the purposes of this section, a tenancy replaces an earlier tenancy if—
(a) the landlord and tenant immediately before the coming to an end of the earlier tenancy are the same as the landlord and tenant at the start of the new tenancy, and
(b) the premises let under both tenancies are the same or substantially the same.
215C Sections 215A and 215B: transitional provisions
(1) Sections 215A and 215B are treated as having had effect since 6 April 2007, subject to the following provisions of this section.
(2) Sections 215A and 215B do not have effect in relation to—
(a) a claim under section 214 of this Act or section 21 of the Housing Act 1988 in respect of a tenancy which is settled before the commencement date (whether or not proceedings in relation to the claim have been instituted), or
(b) proceedings under either of those sections in respect of a tenancy which have been finally determined before the commencement date.
(3) Subsection (5) applies in respect of a tenancy if—
(a) proceedings under section 214 in respect of the tenancy have been instituted before the commencement date but have not been settled or finally determined before that date, and
(b) because of section 215A(4) or 215B(2), the court decides—
(i) not to make an order under section 214(4) in respect of the tenancy, or
(ii) to allow an appeal by the landlord against such an order.
(4) Subsection (5) also applies in respect of a tenancy if—
(a) proceedings for possession under section 21 of the Housing Act 1988 in respect of the tenancy have been instituted before the commencement date but have not been settled or finally determined before that date, and
(b) because of section 215A(4) or 215B(2), the court decides—
(i) to make an order for possession under that section in respect of the tenancy, or
(ii) to allow an appeal by the landlord against a refusal to make such an order.
(5) Where this subsection applies, the court must not order the tenant or any relevant person (as defined by section 213(10)) to pay the landlord's costs, to the extent that the court reasonably considers those costs are attributable to the proceedings under section 214 of this Act or (as the case may be) section 21 of the Housing Act 1988.
(6) Proceedings have been “finally determined” for the purposes of this section if —
(a) they have been determined by a court, and
(b) there is no further right to appeal against the determination.
(7) There is no further right to appeal against a court determination if there is no right to appeal against the determination, or there is such a right but—
(a) the time limit for making an appeal has expired without an appeal being brought, or
(b) an appeal brought within that time limit has been withdrawn.
(8) In this section “the commencement date” means the date on which the Deregulation Act 2015 is passed.
(1) The appropriate national authority may by order make such provision as it considers appropriate for and in connection with—
(a) determining whether a dwelling is overcrowded for the purposes of Part 10 of the Housing Act 1985 (c. 68) (overcrowding);
(b) introducing for the purposes of Chapter 3 of Part 4 of this Act a concept of overcrowding similar to that applying for the purposes of Part 10 (and accordingly removing the discretion of local housing authorities to decide particular issues arising under those sections);
(c) securing that overcrowding in premises to which Chapter 3 of Part 4 of this Act would otherwise apply, or any description of such premises, is regulated only by provisions of Part 10.
(2) An order under this section may, in particular, make provision for regulating the making by local housing authorities of determinations as to whether premises are overcrowded, including provision prescribing—
(a) factors that must be taken into account by such authorities when making such determinations;
(b) the procedure that is to be followed by them in connection with making such determinations.
(3) An order under this section may modify any enactment (including this Act).
(4) In this section—
(a) any reference to Part 10 of the Housing Act 1985 includes a reference to Part 10 as modified by an order under this section; and
(b) “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).
217 Energy efficiency of residential accommodation: England
(1) The Secretary of State must take reasonable steps to ensure that by 2010 the general level of energy efficiency of residential accommodation in England has increased by at least 20 per cent compared with the general level of such energy efficiency in 2000.
(2) Nothing in this section affects the duties of the Secretary of State under section 2 of the Sustainable Energy Act 2003 (c. 30) (energy efficiency aim in respect of residential accommodation in England).
(3) In this section “residential accommodation” has the meaning given by section 1 of the Home Energy Conservation Act 1995 (c. 10).
219 Disclosure of information to registered social landlords for the purposes of section 1 of the Crime and Disorder Act 1998
In section 115(2) of the Crime and Disorder Act 1998 (c. 37) after paragraph (d) insert—
(da) a person registered under section 1 of the Housing Act 1996 as a social landlord;
.
220 Additional power to give grants for social housing
After section 27 of the Housing Act 1996 (c. 52) insert—
Grants to bodies other than registered social landlords
Grants to bodies other than registered social landlords
27A (1) The Relevant Authority may make grants under this section to persons other than registered social landlords.
(2) Grants under this section are grants for any of the following purposes—
(a) acquiring, or repairing and improving, or creating by the conversion of houses or other property, houses to be disposed of—
(i) under equity percentage arrangements, or
(ii) on shared ownership terms;
(b) constructing houses to be disposed of—
(i) under equity percentage arrangements, or
(ii) on shared ownership terms;
(c) providing loans to be secured by mortgages to assist persons to acquire houses for their own occupation;
(d) providing, constructing or improving houses to be kept available for letting;
(e) providing, constructing or improving houses for letting that are to be managed by such registered social landlords, and under arrangements containing such terms, as are approved by the Relevant Authority;
(f) such other purposes as may be specified in an order under subsection (3).
(3) The Secretary of State may by order make such provision in connection with the making of grants under this section as he considers appropriate.
(4) An order under subsection (3) may, in particular, make provision—
(a) defining “equity percentage arrangements” for the purposes of this section;
(b) specifying or describing the bodies from whom loans may be obtained by persons wishing to acquire houses for their own occupation;
(c) dealing with the priority of mortgages entered into by such persons;
(d) specifying purposes additional to those mentioned in subsection (2)(a) to (e).
(5) As regards grants made by the Housing Corporation, an order under subsection (3) may also require the imposition of conditions in connection with such grants, and for this purpose may—
(a) prescribe conditions that are to be so imposed;
(b) prescribe matters about which conditions are to be so imposed and any particular effects that such conditions are to achieve.
(6) The Relevant Authority shall specify in relation to grants under this section—
(a) the procedure to be followed in relation to applications for grant,
(b) the circumstances in which grant is or is not to be payable,
(c) the method for calculating, and any limitations on, the amount of grant, and
(d) the manner in which, and the time or times at which, grant is to be paid.
(7) If, by virtue of subsection (5), an order under subsection (3) requires conditions to be imposed by the Housing Corporation in connection with a grant to a person under this section, the Corporation in making the grant—
(a) must provide that the grant is conditional on compliance by the person with such conditions as are required by the order; and
(b) if it exercises its power to impose conditions under subsection (8), must not impose any that are inconsistent with the requirements of the order.
(8) In making a grant to a person under this section the Relevant Authority may provide that the grant is conditional on compliance by the person with such conditions as the Authority may specify.
(9) The conditions that may be so specified include conditions requiring the payment to the Relevant Authority in specified circumstances of a sum determined by the Authority (with or without interest).
(10) An order under subsection (3) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(11) In this section—
“disposed of on shared ownership terms” has the meaning given by section 2(6);
“letting” includes the grant of a licence to occupy.
Transfer of property funded by grants under section 27A
27B (1) Where—
(a) any grant is paid or payable to any person under section 27A, 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, another person who is not a registered social landlord,
this Part shall have effect, in relation to times falling after that time, as if the grant, or such proportion of it as is determined or specified under subsection (4), had been paid or (as the case may be) were payable to that other person under section 27A.
(2) Where—
(a) any amount is paid or payable to any person by way of grant under section 27A, 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, a registered social landlord,
this Part shall have effect, in relation to times falling after that time, as if the grant, or such proportion of it as is determined or specified under subsection (4), had been paid or (as the case may be) were payable to that other person under section 18.
(3) In such a case, the relevant section 18 conditions accordingly apply to that grant or proportion of it, in relation to times falling after that time, in place of those specified under section 27A(8).
“The relevant section 18 conditions” means such conditions specified under section 18(3) as would have applied at the time of the making of the grant if it had been made under section 18 to a registered social landlord.
(4) The proportion mentioned in subsection (1) or (2) is that which, in the circumstances of the particular case—
(a) the Relevant Authority, acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or
(b) the Relevant Authority may determine to be appropriate.