Law

Housing and Planning Act 2016

United Kingdom · statute

Ask the law about thisMore laws of United KingdomFor machines: Markdown

Open at the publisher →

In force since 2026-10-31, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 1bd9d81ac79e3374004f3a73624f35ee80b7ff93f5fc32a8d1b5508d67a1d13c

Contents: 206 provisions
  1. Title and introductory text
  2. 9 Definitions
  3. 10 Duty to grant planning permission etc
  4. 11 Exemption from duty
  5. 12 Further and consequential amendments
  6. 13 Introduction to this Part
  7. 14 “Banning order” and “banning order offence”
  8. 15 Application and notice of intended proceedings
  9. 16 Making a banning order
  10. 17 Duration and effect of banning order
  11. 18 Content of banning order: involvement in bodies corporate
  12. 19 Power to require information
  13. 20 Revocation or variation of banning orders
  14. 21 Offence of breach of banning order
  15. 22 Offences by bodies corporate
  16. 23 Financial penalty for breach of banning order
  17. 24 Saving for illegal contracts
  18. 25 Banned person may not hold HMO licence etc
  19. 26 Management orders following banning order
  20. 27 Prohibition on certain disposals
  21. 28 Database of rogue landlords and property agents
  22. 29 Duty to include person with banning order
  23. 30 Power to include person convicted of banning order offence
  24. 31 Procedure for inclusion under section 30
  25. 32 Appeals
  26. 33 Information to be included in the database
  27. 34 Updating
  28. 35 Power to require information
  29. 36 Removal or variation of entries made under section 30
  30. 37 Requests for exercise of powers under section 36 and appeals
  31. 38 Access to database
  32. 39 Use of information in database
  33. 40 Introduction and key definitions
  34. 41 Application for rent repayment order
  35. 42 Notice of intended proceedings
  36. 43 Making of rent repayment order
  37. 44 Amount of order: tenants
  38. 45 Amount of order: local housing authorities
  39. 46 Amount of order following conviction
  40. 46A Amount of order: supplementary
  41. 47 Enforcement of rent repayment orders
  42. 48 Duty to consider applying for rent repayment orders
  43. 49 Helping tenants apply for rent repayment orders
  44. 50 Rent repayment orders: consequential amendments
  45. 51 Housing benefit: inclusion pending abolition
  46. 51A Landlord which is body corporate: liability of directors etc
  47. 52 Interpretation of Chapter
  48. 53 Appeals from the first-tier tribunal
  49. 54 Meaning of “letting agent” and related expressions
  50. 55 Meaning of “property manager” and related expressions
  51. 56 General interpretation of Part
  52. 64 Grants by Secretary of State
  53. 65 Grants by Greater London Authority
  54. 66 Monitoring
  55. 67 Consequential changes to HCA's duty to give grants
  56. 68 Interpretation of Chapter
  57. 69 Payments to Secretary of State
  58. 70 Housing to be taken into account
  59. 71 Procedure for determinations
  60. 72 More about determinations
  61. 73 Determinations in the first year that section 69 comes into force
  62. 74 Reduction of payment by agreement
  63. 75 Set off against repayments under section 69
  64. 76 Duty to consider selling vacant higher value housing
  65. 77 Local authority disposal of housing: consent requirements
  66. 78 Set off under section 11 of Local Government Act 2003
  67. 79 Interpretation of Chapter
  68. 80 Mandatory rents for high income local authority tenants
  69. 81 Meaning of “high income” etc
  70. 82 Information about income
  71. 83 HMRC information
  72. 84 Reverting to original rent levels
  73. 85 Power to change rents and procedure for changing rents
  74. 86 Payment by local authority of increased income to Secretary of State
  75. 87 Provision of information to Secretary of State
  76. 88 Interaction with other legislation and consequential amendments
  77. 89 Private providers: policies for high income social tenants
  78. 90 HMRC information for private registered providers
  79. 91 Interpretation of Chapter
  80. 92 Reducing social housing regulation
  81. 93 Reducing local authority influence over private registered providers
  82. 94 Recovery of social housing assistance: successors in title
  83. 95 Housing administration order: providers of social housing in England
  84. 96 Objectives of housing administration
  85. 97 Objective 1: normal administration
  86. 98 Objective 2: keeping social housing in the regulated sector
  87. 99 Applications for housing administration orders
  88. 100 Powers of court
  89. 101 Housing administrators
  90. 102 Conduct of administration etc
  91. 103 Housing administrator may sell land free from planning obligations
  92. 104 Winding-up orders
  93. 105 Voluntary winding up
  94. 106 Making of ordinary administration orders
  95. 107 Administrator appointments by creditors etc
  96. 108 Enforcement of security
  97. 109 Grants and loans where housing administration order is made
  98. 110 Indemnities where housing administration order is made
  99. 111 Indemnities: repayment by registered provider etc
  100. 112 Guarantees where housing administration order is made
  101. 113 Guarantees: repayment by registered provider etc
  102. 114 Modification of this Chapter under the Enterprise Act 2002
  103. 115 Amendments to housing moratorium and consequential amendments
  104. 116 Interpretation of Chapter
  105. 117 Application of Part to Northern Ireland
  106. 122 Electrical safety standards for residential properties let by landlords
  107. 123 Electrical safety standards: enforcement
  108. 124 Assessment of accommodation needs
  109. 126 Financial penalty as alternative to prosecution under Housing Act 2004
  110. 128 Tenancy deposit information
  111. 129 Use of information obtained for certain other statutory purposes
  112. 130 Tenants' associations: power to request information about tenants
  113. 131 Limitation of administration charges: costs of proceedings
  114. 132 Estate agents: lead enforcement authority
  115. 133 Power to require property agents to join client money protection schemes
  116. 134 Client money protection schemes: approval or designation
  117. 135 Enforcement of client money protection scheme regulations
  118. 136 Enfranchisement and extension of long leaseholds: calculations
  119. 137 Redemption price for rentcharges
  120. 139 Designation of neighbourhood areas
  121. 140 Timetable in relation to neighbourhood development orders and plans
  122. 141 Making neighbourhood development orders and plans: intervention powers
  123. 142 Local planning authority to notify neighbourhood forum of applications
  124. 143 Power to direct amendment of local development scheme
  125. 144 Power to give direction to examiner of development plan document
  126. 145 Intervention by Secretary of State
  127. 146 Secretary of State's default powers
  128. 147 Default powers exercisable by Mayor of London or combined authority
  129. 148 Costs of independent examinations held by Secretary of State
  130. 149 Planning powers of the Mayor of London
  131. 150 Permission in principle for development of land
  132. 151 Local planning authority to keep register of particular kinds of land
  133. 152 Approval condition where development order grants permission for building
  134. 153 Planning applications that may be made directly to Secretary of State
  135. 154 Planning freedoms: right for local areas to request alterations to planning system
  136. 156 Local planning authorities: information about neighbourhood development plans
  137. 157 Planning applications etc: setting of fees
  138. 160 Development consent for projects that involve housing
  139. 161 Processing of planning applications by alternative providers
  140. 162 Regulations under section 161: general
  141. 163 Regulations under section 161: fees and payments
  142. 164 Regulations under section 161: information
  143. 165 Review of minimum energy performance requirements
  144. 166 Designation of urban development areas: procedure
  145. 167 Establishment of urban development corporations: procedure
  146. 168 Sections 166 and 167: consequential repeals
  147. 169 Designation of new town areas and establishment of corporations: procedure
  148. 170 New towns: objects of development corporations in England
  149. 171 Sustainable drainage
  150. 172 Right to enter and survey land
  151. 173 Warrant authorising use of force to enter and survey land
  152. 174 Notice of survey and copy of warrant
  153. 175 Enhanced authorisation procedures etc. for certain surveys
  154. 176 Right to compensation after entry on or survey of land
  155. 177 Offences in connection with powers to enter land
  156. 178 Right to enter and survey or value Crown land
  157. 179 Amendments to do with sections 172 to 178
  158. 180 Timetable for confirmation of compulsory purchase order
  159. 181 Confirmation by inspector
  160. 182 Time limits for notice to treat or general vesting declaration
  161. 183 Notice of general vesting declaration procedure
  162. 184 Earliest vesting date under general vesting declaration
  163. 185 No general vesting declaration after notice to treat
  164. 186 Extended notice period for taking possession following notice to treat
  165. 187 Counter-notice requiring possession to be taken on specified date
  166. 188 Agreement to extend notice period for possession following notice to treat
  167. 189 Corresponding amendments to the New Towns Act 1981
  168. 190 Abolition of alternative possession procedure following notice to treat
  169. 191 Extended notice period for taking possession following vesting declaration
  170. 192 Making a claim for compensation
  171. 193 Compensation after withdrawal of notice to treat
  172. 194 Making a request for advance payment of compensation
  173. 195 Power to make and timing of advance payment
  174. 196 Interest on advance payments of compensation
  175. 197 Repayment of advance payment where no compulsory purchase
  176. 198 Repayment of payment to mortgagee if land not acquired
  177. 199 Objection to division of land
  178. 200 Objection to division of land: blight notices
  179. 201 Power to quash decision to confirm compulsory purchase order
  180. 202 Extension of compulsory purchase time limit during challenge
  181. 203 Power to override easements and other rights
  182. 204 Compensation for overridden easements etc
  183. 205 Interpretation of sections 203 and 204
  184. 206 Amendments to do with sections 203 and 204
  185. 212 Power to make transitional provision
  186. 213 Power to make consequential provision
  187. 214 Regulations: general
  188. 215 Extent
  189. 216 Commencement
  190. 217 Short title
  191. SCHEDULE 1 Financial penalty for breach of banning order
  192. SCHEDULE 2 Banned person may not hold HMO licence etc
  193. SCHEDULE 3 Management orders following banning order
  194. SCHEDULE 4 Reducing social housing regulation
  195. SCHEDULE 5 Conduct of housing administration: companies
  196. SCHEDULE 6 Amendments to housing moratorium and consequential amendments
  197. SCHEDULE 9 Financial penalty as alternative to prosecution under Housing Act 2004
  198. SCHEDULE 10 Enfranchisement and extension of long leaseholds: calculations
  199. SCHEDULE 11 Default powers exercisable by Mayor of London or combined authority: Schedule to be inserted in the Planning and Compulsory Purchase Act 2004
  200. SCHEDULE 12 Permission in principle for development of land: minor and consequential amendments
  201. SCHEDULE 14 Right to enter and survey land: consequential amendments
  202. SCHEDULE 15 Notice of general vesting declaration procedure
  203. SCHEDULE 16 Abolition of alternative possession procedure following notice to treat
  204. SCHEDULE 17 Objection to division of land following notice to treat
  205. SCHEDULE 18 Objection to division of land following vesting declaration
  206. SCHEDULE 19 Amendments to do with sections 203 and 204

Proposed changes to this act

No one has proposed a change to this act yet.

206 provisions

47 Enforcement of rent repayment orders

(1) An amount payable to a tenant or local housing authority under a rent repayment order is recoverable as a debt. (2) An amount payable to a local housing authority under a rent repayment order does not, when recovered by the authority, constitute an amount of universal credit recovered by the authority. (3) The Secretary of State may by regulations make provision about how local housing authorities are to deal with amounts recovered under rent repayment orders.

Propose a change

48 Duty to consider applying for rent repayment orders

If a local housing authority becomes aware that a person has been convicted of an offence to which this Chapter applies in relation to housing in its area, the authority must consider applying for a rent repayment order.

Propose a change

49 Helping tenants apply for rent repayment orders

(1) A local housing authority in England may help a tenant to apply for a rent repayment order. (2) A local housing authority may, for example, help the tenant to apply by conducting proceedings or by giving advice to the tenant.

Propose a change

50 Rent repayment orders: consequential amendments

(1) The Housing Act 2004 is amended as follows. (2) In section 73 (other consequences of operating unlicensed HMOs: rent repayment orders)— (a) in subsection (4), after “section 74” insert “ (in the case of an HMO in Wales) or in accordance with Chapter 4 of Part 2 of the Housing and Planning Act 2016 (in the case of an HMO in England) ”; (b) in subsection (5)(a), after “HMO” insert “ in Wales ”. (3) In section 96 (other consequences of operating unlicensed houses: rent repayment orders)— (a) in subsection (4), after “section 97” insert “ (in the case of a house in Wales) or in accordance with Chapter 4 of Part 2 of the Housing and Planning Act 2016 (in the case of a house in England) ”; (b) in subsection (5)(a), after “house” insert “ in Wales ”.

Propose a change

51 Housing benefit: inclusion pending abolition

(1) In this Chapter a reference to universal credit or a relevant award of universal credit includes housing benefit under Part 7 of the Social Security Contributions and Benefits Act 1992. (2) Where a local authority applies for a rent repayment order in relation to housing benefit, a reference in this Chapter to “rent” includes any payment in respect of which housing benefit may be paid.

Propose a change

51A Landlord which is body corporate: liability of directors etc

(1) This section applies where— (a) a landlord which is a body corporate has committed an offence to which this Chapter applies, and (b) the offence— (i) was committed with the consent or connivance of a relevant person in relation to the body corporate, or of a person purporting to act in the capacity of a relevant person in relation to the body corporate, or (ii) was a specified offence and was attributable to any neglect on the part of such a person. (2) That person, as well as the body corporate, is treated for the purposes of this Chapter as having committed the offence. (3) In this Chapter a reference to the landlord includes that person. (4) In this section— “relevant person” means— in relation to a body corporate other than one the affairs of which are managed by its members, a director, manager, secretary or other similar officer of the body; in relation to a body corporate the affairs of which are managed by its members, a member who exercises functions of management with respect to it; “specified offence” means an offence under— section 1 (2) of the Protection from Eviction Act 1977; section 16J (2) or (3) of the Housing Act 1988; section 30 (1), 32(1), 72(1) or 95(1) of the Housing Act 2004; section 21 of this Act; section 67(1) or 92(2) of the Renters’ Rights Act 2025.

Propose a change

52 Interpretation of Chapter

(1) In this Chapter— “landlord” is to be read in accordance with section 40(2A); “offence to which this Chapter applies” has the meaning given by section 40; “relevant award of universal credit” means an award of universal credit the calculation of which included an amount under section 11 of the Welfare Reform Act 2012; “rent” includes any payment in respect of which an amount under section 11 of the Welfare Reform Act 2012 may be included in the calculation of an award of universal credit; “rent repayment order” has the meaning given by section 40. (2) For the purposes of this Chapter an amount that a tenant does not pay as rent but which is offset against rent is to be treated as having been paid as rent.

Propose a change

53 Appeals from the first-tier tribunal

(1) A person aggrieved by a decision of the First-tier Tribunal made under this Part may appeal to the Upper Tribunal. (2) An appeal may not be brought under subsection (1) in relation to a decision on a point of law (as to which see instead section 11 of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to Upper Tribunal)). (3) An appeal may not be brought under subsection (1) if the decision is set aside under section 9 of the Tribunals, Courts and Enforcement Act 2007 (review of decision of First-tier Tribunal). (4) An appeal may be brought under subsection (1) only if, on an application made by the person concerned, the First-tier Tribunal or Upper Tribunal has given its permission for the appeal to be brought. (5) In any case where the Upper Tribunal is determining an appeal under subsection (1), section 12(2) to (4) of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to the Upper Tribunal) apply.

Propose a change

54 Meaning of “letting agent” and related expressions

(1) In this Part “letting agent” means a person who engages in letting agency work (whether or not that person engages in other work). (2) But a person is not a letting agent for the purposes of this Part if the person engages in letting agency work in the course of that person's employment under a contract of employment. (3) In this Part “letting agency work” means things done by a person in the course of a business in response to instructions received from— (a) a person (“a prospective landlord”) seeking to find another person to whom to let housing, or (b) a person (“a prospective tenant”) seeking to find housing to rent. (4) But “letting agency work” does not include any of the following things when done by a person who does nothing else within subsection (3)— (a) publishing advertisements or disseminating information; (b) providing a means by which a prospective landlord or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or a prospective landlord; (c) providing a means by which a prospective landlord and a prospective tenant can communicate directly with each other. (5) In this Part “English letting agency work” means letting agency work that relates to housing in England.

Propose a change

55 Meaning of “property manager” and related expressions

(1) In this Part “property manager” means a person who engages in English property management work. (2) But a person is not a property manager for the purposes of this Part if the person engages in English property management work in the course of that person's employment under a contract of employment. (3) In this Part “English property management work” means things done by a person in the course of a business in response to instructions received from another person (“the client”) where— (a) the client wishes the person to arrange services, repairs, maintenance, improvements or insurance in respect of, or to deal with any other aspect of the management of, premises on the client's behalf, and (b) the premises consist of housing in England let under a tenancy.

Propose a change

56 General interpretation of Part

In this Part— “banning order” has the meaning given by section 14; “banning order offence” has the meaning given by section 14; “body corporate” includes a body incorporated outside England and Wales; “database” means the database of rogue landlords and letting agents established under section 28; “English letting agency work” has the meaning given by section 54; “English property management work” has the meaning given by section 55; “financial penalty” means a penalty that— is imposed in respect of conduct that amounts to an offence, but is imposed otherwise than following the person's conviction for the offence; “housing” means a building, or part of a building, occupied or intended to be occupied as a dwelling or as more than one dwelling; “letting”— includes the grant of a licence, but except in Chapter 4, does not include the grant of a tenancy or licence for a term of more than 21 years, and “let” is to be read accordingly; “letting agency work” has the meaning given by section 54; “letting agent” has the meaning given by section 54; “local housing authority” has the meaning given by section 1 of the Housing Act 1985; “officer”, in relation to a body corporate, means— any director, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity; “property agent” means a letting agent or property manager; “property manager” has the meaning given by section 55; “residential landlord” means a landlord of housing; “tenancy”— includes a licence, but except in Chapter 4, does not include a tenancy or licence for a term of more than 21 years.

Propose a change

64 Grants by Secretary of State

(1) The Secretary of State may make grants to private registered providers in respect of right to buy discounts. (2) A grant under this section may be made on any terms and conditions the Secretary of State considers appropriate. (3) See also section 47 of the Housing and Regeneration Act 2008 (which would allow the Secretary of State to direct the Homes and Communities Agency to use its powers to make grants of the kind mentioned above).

Propose a change

65 Grants by Greater London Authority

(1) The Greater London Authority may make grants to private registered providers in respect of right to buy discounts for dwellings in London. (2) A grant under this section may be made on any terms and conditions the Greater London Authority considers appropriate.

Propose a change

66 Monitoring

(1) The Regulator of Social Housing must, if requested to do so by the Secretary of State, monitor compliance with the home ownership criteria. (2) “The home ownership criteria” means criteria, specified in the request, that relate to the sale of dwellings by private registered providers to tenants otherwise than in exercise of a right conferred by an Act. (3) The criteria may be expressed by reference to other documents. (4) On making a request under subsection (1) the Secretary of State must publish the home ownership criteria specified in the request. (5) The Regulator must provide such reports or other information as the Secretary of State may request about compliance with the home ownership criteria. (6) The Secretary of State may publish information about a private registered provider that has not met the home ownership criteria.

Propose a change

67 Consequential changes to HCA's duty to give grants

(1) Section 35 of the Housing and Regeneration Act 2008 (duty to give financial assistance in respect of certain disposals) is amended as follows. (2) For subsection (1) substitute— (1) The HCA must exercise its powers under section 19 to give financial assistance by way of grant to a relevant provider of social housing in respect of any discount given by the provider by virtue of a person exercising the right to acquire conferred by section 180. (3) Omit subsection (2). (4) In subsection (3), for “(1)(a)” substitute “(1)”. (5) In subsection (5), omit paragraph (b).

Propose a change

68 Interpretation of Chapter

In this Chapter— “dwelling” has the meaning given by section 275 of the Housing and Regeneration Act 2008; “private registered provider” means a private registered provider of social housing; “right to buy discount” means a discount given to a tenant of a dwelling on the disposal of the dwelling to the tenant otherwise than in the exercise of a right conferred by an Act.

Propose a change

69 Payments to Secretary of State

(1) The Secretary of State may make a determination requiring a local housing authority in England to make a payment to the Secretary of State in respect of a financial year. (2) The amount of the payment must represent an estimate of— (a) the market value of the authority's interest in any higher value housing that is likely to become vacant during the year, less (b) any costs or other deductions of a kind described in the determination. (3) For the housing to be taken into account, see section 70. (4) A determination may only be made in respect of a local housing authority that keeps a Housing Revenue Account. (5) A determination must set out the method for calculating the amount of the payment. (6) A determination may, in particular, provide for all or part of the amount to be calculated using a formula. (7) A determination may provide for assumptions to be made in making a calculation whether or not those assumptions are, or are likely to be, borne out by events. (8) The Secretary of State must by regulations define “higher value”, in relation to housing, for the purposes of this Chapter. (9) Regulations under subsection (8) may define “higher value” in different ways for different kinds of housing, different local housing authorities or different areas. (10) In determining how to define “higher value”, in relation to housing, the Secretary of State may— (a) use any category of housing that the Secretary of State considers appropriate as a comparator (for example, housing in which a local housing authority has an interest or housing in a particular area); (b) take into account any other factors that the Secretary of State considers appropriate.

Propose a change

70 Housing to be taken into account

(1) This section is about the housing to be taken into account under section 69(2). (2) Housing is to be taken into account only if— (a) it appears in the list in section 74(1) of the Local Government and Housing Act 1989 (Housing Revenue Account), and (b) it is not excluded by regulations made by the Secretary of State. (3) Where a local housing authority disposes of housing under section 32 or 43 of the Housing Act 1985 to a private registered provider of social housing the Secretary of State may for the purposes of this Chapter— (a) treat the local housing authority as still having that housing, and (b) treat the housing as being likely to become vacant whenever it would have been likely to become vacant if it had not been disposed of. (4) A determination under section 69 must identify any housing that the Secretary of State has taken into account under subsection (3).

Propose a change

71 Procedure for determinations

(1) Before making a determination under section 69 that relates to all local housing authorities or a description of local housing authority the Secretary of State must consult such representatives of local government and relevant professional bodies as the Secretary of State thinks appropriate. (2) Before making a determination under section 69 that relates to a particular local housing authority, the Secretary of State must consult that local housing authority. (3) As soon as possible after making a determination under section 69 the Secretary of State must send a copy of it to each local housing authority to which it relates. (4) Section 87(4) to (7) of the Local Government and Housing Act 1989 (electronic communications) applies to a determination under this Chapter as it applies to a determination under Part 6 of that Act. (5) A consultation requirement imposed by this section may be satisfied by consultation carried out before this Act was passed.

Propose a change

72 More about determinations

(1) A determination under section 69 must be made before the financial year to which it relates. (2) But the determination may be varied or revoked by a subsequent determination under that section made before, after or during the financial year to which it relates. (3) A determination under section 69 may relate to one financial year or to more than one financial year. (4) A determination under section 69 may make provision about how and when a payment is to be made including, in particular, provision for payments by instalment. (5) A determination under section 69 may provide for interest to be charged in the event of late payment. (6) A determination under section 69— (a) may make different provision for different areas; (b) may make different provision for different local housing authorities; (c) may otherwise make different provision for different purposes.

Propose a change

73 Determinations in the first year that section 69 comes into force

If section 69 comes into force part way through a financial year, then, in relation to that financial year— (a) a determination under section 69 may be made at any time (despite section 72(1)), but (b) any reference in section 69 to housing becoming vacant during a financial year is to be read as limited to housing becoming vacant after the determination is made (or, in a case where it is varied in accordance with section 72(2), housing becoming vacant after the original determination in relation to that financial year is made).

Propose a change

74 Reduction of payment by agreement

(1) The Secretary of State and a local housing authority may enter into an agreement to reduce the amount that the authority is required to pay because of a determination under this Chapter. (2) The terms and conditions of an agreement must include— (a) the amount of the reduction mentioned in subsection (1), and (b) any terms and conditions required by subsection (3) or (4). (3) Where the agreement is with a local housing authority outside Greater London, it must include terms and conditions requiring the authority to ensure that at least one new affordable home is provided for each old dwelling. (4) Where the agreement is with a local housing authority in Greater London, it must include terms and conditions requiring the authority to ensure that at least two new affordable homes are provided for each old dwelling. (5) But if the Greater London Authority has agreed to ensure that a number of the new affordable homes are provided, that number is to be deducted from the number for which the local housing authority must be made responsible by terms and conditions under subsection (4). (6) The Secretary of State may by regulations create other exceptions to subsection (3) or (4) in relation to one or more local housing authorities. (7) In this section— “new affordable home” means a new dwelling in England that— is to be made available for people whose needs are not adequately served by the commercial housing market, or is a starter home as defined by section 2; “new dwelling” means a building or part of a building that— has been constructed for use as a single dwelling and has not previously been occupied, or has been adapted for use as a single dwelling and has not been occupied since its adaptation; “old dwelling” means a single dwelling taken into account under section 69(2) for the purposes of the determination. (8) If a determination under this Chapter relates to more than one financial year— (a) an agreement under this section may be made in relation to the determination so far as it relates to a particular financial year, and (b) in the definition of “old dwelling” in subsection (7) the reference to the determination is to the determination so far as it relates to the financial year to which the agreement relates. (9) The Secretary of State may by regulations amend this section so as to change the meaning of “new affordable home”.

Propose a change

75 Set off against repayments under section 69

Where the Secretary of State is liable to repay an amount that has been overpaid by a local housing authority under section 69, the Secretary of State may set off against the amount of the repayment any amount that the authority is liable to pay the Secretary of State under— (a) section 69, or (b) section 11 of the Local Government Act 2003.

Propose a change

76 Duty to consider selling vacant higher value housing

(1) A local housing authority in England that keeps a Housing Revenue Account must consider selling its interest in any higher value housing that has become vacant. (2) The duty in subsection (1) applies only in relation to housing that appears in the list in section 74(1) of the Local Government and Housing Act 1989 (Housing Revenue Account). (3) The Secretary of State may by regulations exclude housing from the duty in subsection (1). (4) In discharging its duty under subsection (1) a local housing authority must have regard to any guidance given by the Secretary of State.

Propose a change

77 Local authority disposal of housing: consent requirements

(1) The Housing Act 1985 is amended as follows. (2) In section 34(4A) (consents to disposals and conditions), after paragraph (ca) (but before the “and”) insert— (cb) any reduction in the amount that the local authority may be required to pay under section 69 of the Housing and Planning Act 2016 (payments to Secretary of State in respect of vacant higher value housing in England) as a result of the disposal; . (3) In section 43(4A) (consents to disposals and conditions), after paragraph (ca) (but before the “and”) insert— (cb) any reduction in the amount that the local authority may be required to pay under section 69 of the Housing and Planning Act 2016 (payments to Secretary of State in respect of vacant higher value housing in England) as a result of the disposal; .

Propose a change

78 Set off under section 11 of Local Government Act 2003

(1) Section 11 of the Local Government Act 2003 (use of capital receipts) is amended as follows. (2) In subsection (5), after “an authority” insert “ in Wales ”. (3) After subsection (5) insert— (5A) Where the Secretary of State is liable to repay an amount that has been overpaid by a local housing authority in England under this section, the Secretary of State may set off against the amount of the repayment any amount that the authority is liable to pay the Secretary of State under— (a) this section, or (b) section 69 of the Housing and Planning Act 2016 (payments in respect of vacant higher value housing).

Propose a change

79 Interpretation of Chapter

(1) In this Chapter— “becomes vacant”: housing in which a local housing authority has an interest “ becomes vacant ” when a tenancy granted by the authority comes to an end and is not renewed expressly or by operation of law (but see subsection (2)); “financial year” means a period of 12 months beginning with 1 April; “higher value”, in relation to housing, has the meaning given by regulations under section 69; “housing” means a building, or part of a building, which is occupied or intended to be occupied as a dwelling or as more than one dwelling; “Housing Revenue Account” has the meaning given by section 74 of the Local Government and Housing Act 1989; “interest” means a freehold or leasehold interest; “local housing authority” has the meaning given by section 1 of the Housing Act 1985; “tenancy” includes a licence to occupy. (2) The Secretary of State may by regulations specify circumstances in which housing is to be treated as not having become vacant for the purposes of this Part even if it otherwise would be.

Propose a change

80 Mandatory rents for high income local authority tenants

(1) The Secretary of State may by regulations make provision about the levels of rent that an English local housing authority must charge a high income tenant of social housing in England. (2) The regulations may, in particular, require the rent— (a) to be equal to the market rate, (b) to be a proportion of the market rate, or (c) to be determined by reference to other factors. (3) The regulations may, in particular, provide for the rent to be different— (a) for people with different incomes, or (b) for social housing in different areas. (4) The regulations may create exceptions for high income tenants of social housing of a specified description. (5) The regulations may require a local housing authority to have regard to guidance given by the Secretary of State when determining rent in accordance with the regulations. (6) Regulations under this section are referred to in this Chapter as “rent regulations”.

Propose a change

81 Meaning of “high income” etc

(1) Rent regulations must— (a) define what is meant by “high income” for the purposes of this Chapter, and (b) make provision about how a person's income is to be calculated. (2) The regulations may, in particular— (a) define “high income” in different ways for different areas; (b) specify things that are, or are not, to be treated as income; (c) make provision about the period by reference to which a person's income is to be calculated (which may be a period in the past); (d) make provision about how a person's income is to be verified; (e) require a person's household income (as defined by the regulations) to be taken into account; (f) require a local housing authority to have regard to guidance given by the Secretary of State when calculating or verifying a person's income.

Propose a change

82 Information about income

(1) Rent regulations may give a local housing authority the power to require a tenant to provide information or evidence for the purpose of determining whether the local housing authority is obliged by the regulations to charge a specific level of rent and what that level is. (2) Rent regulations may require an English local housing authority to charge the maximum rent to a tenant who has failed to comply with a requirement. (3) Regulations made in reliance on subsection (1) may, in particular, make provision about— (a) the kind of information or evidence that may be required; (b) the time within which and the manner and form in which the information or evidence is to be provided. (4) In subsection (1) “tenant” includes prospective tenant. (5) In subsection (2) “the maximum rent” means the rent that a local housing authority is required to charge a high income tenant of the premises under section 80 (or, if regulations under section 80(3)(a) provide for different rents for people with different incomes, the rent that a person in the highest income bracket would be required to pay).

Propose a change

83 HMRC information

(1) HMRC may disclose information for the purpose of enabling a local housing authority to determine whether it is obliged by rent regulations to charge a tenant a specific level of rent and what that level is. (2) The information may only be disclosed to— (a) a local housing authority, (b) the Secretary of State for the purposes of passing the information to local housing authorities, (c) a public body that has been given the function of passing information between HMRC and local housing authorities by regulations under subsection (3), or (d) a body with which the Secretary of State has made arrangements for the passing of information between HMRC and local housing authorities. (3) The Secretary of State may by regulations— (a) give a public body the function mentioned in subsection (2)(c), and (b) make provision about the carrying out of that function. (4) The Secretary of State must obtain HMRC's consent before making— (a) arrangements under subsection (2)(d), or (b) regulations under subsection (3). (5) Information disclosed under this section to the Secretary of State or to a body mentioned in subsection (2)(c) or (d) may be passed on to a local housing authority for which it is intended. (6) Information disclosed under this section may not otherwise be further disclosed without authorisation from HMRC. (7) Where a person contravenes subsection (6) by disclosing any revenue and customs information relating to a person whose identity— (a) is specified in the disclosure, or (b) can be deduced from it, section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act. (8) In this section— “HMRC” means the Commissioners for Her Majesty's Revenue and Customs; “revenue and customs information relating to a person” has the meaning given by section 19(2) of the Commissioners for Revenue and Customs Act 2005; “tenant” includes prospective tenant.

Propose a change

84 Reverting to original rent levels

(1) Rent regulations may include provision for the purpose of ensuring that where a requirement imposed under section 80(1) ceases to apply, the rent is changed to what it would have been if the requirement had never applied. (2) Rent regulations may include provision for the purpose of ensuring that where— (a) a local housing authority is required by section 82(2) to charge the maximum rent because of a tenant's failure to provide information or evidence, and (b) the tenant subsequently provides the necessary information or evidence, the rent is changed to what it would have been if section 82(2) had never applied.

Propose a change

85 Power to change rents and procedure for changing rents

(1) Rent regulations may give a local housing authority power to change the rent payable under a tenancy for the purpose of complying with the regulations. (2) Rent regulations may make provision about the procedure for changing rent to comply with the regulations (whether the change is made using a power given by regulations under subsection (1) or otherwise). (3) Regulations made in reliance on subsection (2) may, in particular— (a) make provision about the review of decisions to increase rent; (b) give rights of appeal to the First-tier Tribunal and amend existing rights of appeal. (4) Regulations under this section may amend any provision made by or under an Act passed before this Act or in the same Session.

Propose a change

86 Payment by local authority of increased income to Secretary of State

(1) Rent regulations may require a local housing authority to make a payment or payments to the Secretary of State in respect of any estimated increase in rental income because of the regulations. (2) The amount of a payment is to be calculated in accordance with the regulations. (3) The regulations may provide for deductions to be made to reflect the administrative costs of local authorities in implementing the regulations. (4) The regulations may provide for interest to be charged in the event of late payment. (5) The regulations may provide for assumptions to be made in making a calculation, whether or not those assumptions are, or are likely to be, borne out by events. (6) The regulations may make provision about how and when payments are to be made including, in particular, provision for payments by instalment.

Propose a change

87 Provision of information to Secretary of State

Rent regulations may give the Secretary of State a power to require a local housing authority to provide information in connection with the regulations.

Propose a change

88 Interaction with other legislation and consequential amendments

(1) The Secretary of State must use the power in section 24(5) of the Welfare Reform and Work Act 2016 to provide that section 23 of that Act does not apply to a high income tenant of social housing to whom rent regulations apply. (2) In section 24 of the Housing Act 1985 (rent), after subsection (5) insert— (5A) See also Chapter 3 of Part 4 of the Housing and Planning Act 2016 (rents for high income social tenants in England). (3) In Part 2 of Schedule 4 to the Local Government and Housing Act 1989 (the keeping of the Housing Revenue Account: debits), after item 10 insert— Item 11: payments under section 86 of the Housing and Planning Act 2016 Any sums payable for the year to the Secretary of State under regulations made in reliance on section 86 of the Housing and Planning Act 2016 (rents for high income social tenants: payment by local authority of increased income to Secretary of State).

Propose a change

89 Private providers: policies for high income social tenants

(1) A private registered provider of social housing that has a policy about levels of rent for high income social tenants in England must publish that policy. (2) The policy must include provision for requesting reviews of, or appealing, decisions under the policy.

Propose a change

90 HMRC information for private registered providers

(1) HMRC may disclose information for the purpose of enabling a private registered provider of social housing to apply any relevant policy about levels of rent for high income social tenants in England. (2) The information may only be disclosed to— (a) the private registered provider of social housing, (b) the Secretary of State for the purposes of passing the information to registered providers, (c) a public body that has been given the function of passing information between HMRC and registered providers by regulations under subsection (3), or (d) a body with which the Secretary of State has made arrangements for the passing of information between HMRC and registered providers. (3) The Secretary of State may by regulations— (a) give a public body the function mentioned in subsection (2)(c), and (b) make provision about the carrying out of that function. (4) The Secretary of State must obtain HMRC's consent before making— (a) arrangements under subsection (2)(d), or (b) regulations under subsection (3). (5) Information disclosed under this section to the Secretary of State or to a body mentioned in subsection (2)(c) or (d) may be passed on to a registered provider for which it is intended. (6) Information disclosed under this section may not otherwise be further disclosed without authorisation from HMRC. (7) Where a person contravenes subsection (6) by disclosing any revenue and customs information relating to a person whose identity— (a) is specified in the disclosure, or (b) can be deduced from it, section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act. (8) In this section— “HMRC” means the Commissioners for Her Majesty's Revenue and Customs; “relevant”, in relation to a private registered provider's policy about levels of rent for high income social tenants in England, means a policy that— has been published as required by section 89, and complies with any requirements imposed under subsection (2) of that section; “revenue and customs information relating to a person” has the meaning given by section 19(2) of the Commissioners for Revenue and Customs Act 2005; “tenant” includes prospective tenant.

Propose a change

91 Interpretation of Chapter

In this Chapter— “high income” has the meaning given by regulations under section 81; “local housing authority” has the meaning given by section 1 of the Housing Act 1985; “rent” includes payments under a licence to occupy; “rent regulations” has the meaning given by section 80; “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008 (see sections 68 and 72 of that Act); “tenancy” includes a licence to occupy; “tenant” includes a person who has a licence to occupy.

Propose a change

92 Reducing social housing regulation

Schedule 4 contains amendments to reduce the regulation of social housing.

Propose a change

← Find another law