Law

Housing Act 1996

United Kingdom · statute

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In force since 2026-09-30, as the publisher states.

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

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

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Contents: 346 provisions
  1. Title and introductory text
  2. A1 Introduction
  3. 1 The register of social landlords.
  4. 1A Welsh bodies
  5. 2 Eligibility for registration.
  6. 3 Registration.
  7. 4 Removal from the register.
  8. 5 Criteria for registration or removal from register.
  9. 6 Appeal against decision on removal.
  10. 6A Voluntary undertakings
  11. 7 Regulation of registered social landlords.
  12. 7A Meaning of key terms used in this Chapter
  13. 7B Limit on local authority appointments to board
  14. 7C Removal of local authority appointees to comply with 24 per cent limit
  15. 7D Procedure for selection by registered social landlord of local authority appointees for removal
  16. 7E Board quorum: no requirement for local authority appointee
  17. 7F Board resolutions: 75 per cent threshold
  18. 7G Constitutional changes: no requirement for local authority consent and no power of veto
  19. 7H Voting rights of local authorities
  20. 7I Provision in agreements that is to be treated as having no effect
  21. 7J Power to disapply provisions of this Chapter
  22. 8 Power of registered social landlord to dispose of land.
  23. 9 Notification to Welsh Ministers of disposal of land
  24. 10 Lettings and other disposals not requiring consent of Relevant Authority.
  25. 11 Covenant for repayment of discount on disposal
  26. 11A Increase in value of house attributable to home improvements to be disregarded
  27. 12 Priority of charge for repayment of discount.
  28. 12A Right of first refusal for registered social landlord
  29. 12B Consideration payable for disposal under section 12A
  30. 13 Restriction on disposal of houses in National Parks, &c.
  31. 14 Treatment of options.
  32. 15 Relevant and exempted disposals.
  33. 15A Treatment of deferred resale agreements for purposes of section 11
  34. 16 Right of tenant to acquire dwelling.
  35. 16A Extension of section 16 to dwellings funded by grants under section 27A
  36. 16B Restriction on exercising the right to acquire
  37. 16C Exception to restriction on exercising the right to acquire
  38. 17 Right of tenant to acquire dwelling: supplementary provisions.
  39. 18 Social housing grants.
  40. 19 Land subject to housing management agreement.
  41. 20 Purchase grant where right to acquire exercised.
  42. 21 Purchase grant in respect of other disposals.
  43. 22 Assistance from local authorities.
  44. 23 Local loans made by the Treasury
  45. 24 The disposal proceeds fund.
  46. 25 Application or appropriation of disposal proceeds.
  47. 26 Disposal proceeds: power to require information.
  48. 27 Recovery, &c. of social housing grants.
  49. 27A Grants to bodies other than registered social landlords
  50. 27B Transfer of property funded by grants under section 27A
  51. 28 Grants under Part 2 of the Housing Act 1988.
  52. 29 Commutation of payments of special residual subsidy.
  53. 30 General power to obtain information.
  54. 31 Enforcement of notice to provide information, &c.
  55. 32 Disclosure of information to the Welsh Ministers.
  56. 33 Disclosure of information by the Welsh Ministers.
  57. 33A Standards of performance
  58. 33B Guidance on standards of performance
  59. 33C Consultation
  60. 34 Standards of performance – housing in England .
  61. 35 Information as to levels of performance.
  62. 35A Guidance about complaints about performance
  63. 35B Consultation
  64. 36 Issue of guidance by the Welsh Ministers – housing in England .
  65. 37 Powers of entry.
  66. 38 Penalty for obstruction of person exercising power of entry.
  67. 39 Insolvency, &c. of registered social landlord: scheme of provisions.
  68. 40 Initial notice to be given to the Welsh Ministers.
  69. 41 Further notice to be given to the Welsh Ministers.
  70. 42 Moratorium on disposal of land, &c.
  71. 43 Period of moratorium.
  72. 43A Appointment of interim manager
  73. 44 Proposals as to ownership and management of landlord’s land.
  74. 45 Effect of agreed proposals.
  75. 46 Appointment of manager to implement agreed proposals.
  76. 47 Powers of the manager.
  77. 48 Powers of the manager: transfer of engagements.
  78. 49 Assistance by the Welsh Ministers.
  79. 50 Application to court to secure compliance with agreed proposals.
  80. 50A Application of Chapter 4A
  81. 50B Exercise of enforcement powers
  82. 50C Grounds for giving notice
  83. 50D Content
  84. 50E Appeal
  85. 50F Withdrawal
  86. 50G Sanction
  87. 50H Grounds for imposition
  88. 50I Imposition
  89. 50J Amount
  90. 50K Warning
  91. 50L Representations
  92. 50M Enforcement
  93. 50N Appeal
  94. 50O Grounds for award
  95. 50P Persons to whom compensation may be awarded
  96. 50Q Award
  97. 50R Impact
  98. 50S Warning
  99. 50T Representations
  100. 50U Enforcement
  101. 50V Appeal
  102. 51 Schemes for investigation of complaints.
  103. 51ZA Power of housing ombudsman to issue guidance to scheme members
  104. 51A Social Housing Ombudsman for Wales
  105. 51B Investigation of complaints
  106. 51C Meaning of “social landlord in Wales”
  107. 52 General provisions as to orders.
  108. 53 General provisions as to determinations.
  109. 54 Determinations of the Housing Corporation requiring approval.
  110. 55 Minor and consequential amendments: Part I.
  111. 56 Meaning of “the Welsh Ministers”.
  112. 57 Definitions relating to registered societies.
  113. 58 Definitions relating to charities.
  114. 59 Meaning of “officer” of registered social landlord.
  115. 60 Meaning of “subsidiary”.
  116. 61 Meaning of “associate”.
  117. 62 Members of a person’s family: Part I.
  118. 63 Minor definitions: Part I.
  119. 64 Index of defined expressions: Part I.
  120. 65 Making and approval of registration schemes.
  121. 66 Registration schemes: control provisions.
  122. 67 Registration schemes: special control provisions.
  123. 68 Offences in connection with registration schemes.
  124. 69 Information requirements in connection with registration schemes.
  125. 70 Existing registration schemes.
  126. 71 Restriction on notices requiring execution of works.
  127. 72 Recovery of expenses of notice requiring execution of works.
  128. 74 Section 354 direction to be local land charge.
  129. 75 Means of escape from fire.
  130. 76 Works notices: improvement of enforcement procedures.
  131. 77 Codes of practice.
  132. 78 Increase of fines, &c.
  133. 79 Minor amendments.
  134. 80 Repeal of Part XII of the Housing Act 1985.
  135. 81 Restriction on termination of tenancy for failure to pay service charge.
  136. 82 Notice under s.146 of the Law of Property Act 1925.
  137. 83 Determination of reasonableness of service charges.
  138. 84 Right to appoint surveyor to advise on matters relating to service charges.
  139. 85 Appointment of manager by the court.
  140. 86 Appointment of manager: transfer of jurisdiction to leasehold valuation tribunal.
  141. 88 Period after which acquisition order may be made.
  142. 89 Application of right of first refusal in relation to contracts.
  143. 90 Notice required to be given by landlord making disposal.
  144. 91 Offence of failure to comply with requirements of Part I.
  145. 92 Procedure for exercise of rights of first refusal.
  146. 93 Duty of new landlord to inform tenant of rights.
  147. 94 Provision of general advice etc. about residential tenancies.
  148. 95 Jurisdiction of county courts.
  149. 96 Tenancies which are assured shorthold tenancies.
  150. 97 Duty of landlord to provide statement of terms of assured shorthold tenancy.
  151. 98 Form of notices under s. 21 of the Housing Act 1988.
  152. 99 Restriction on recovery of possession on expiry or termination.
  153. 100 Applications for determination of rent: time limit.
  154. 101 Mandatory possession for non-payment of rent: reduction in arrears required.
  155. 102 Recovery of possession where grant induced by false statement.
  156. 103 Assured agricultural occupancies: exclusion of tenancies of agricultural holdings and farm business tenancies.
  157. 104 Consequential amendments: assured tenancies.
  158. 105 Low rent test: nil rateable values.
  159. 106 Low rent test: extension of rights.
  160. 107 Collective enfranchisement: multiple freeholders.
  161. 108 Collective enfranchisement: removal of need for professional valuation of interests to be acquired.
  162. 109 Collective enfranchisement: valuation principles.
  163. 110 New leases: valuation principles.
  164. 111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  165. 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  166. 113 Powers of trustees.
  167. 114 Minor amendment of section 1(1)(a) of Leasehold Reform Act 1967.
  168. 115 Power for leasehold valuation tribunal to determine amount of costs payable under Leasehold Reform Act 1967.
  169. 116 Compensation for postponement of termination in connection with ineffective claims.
  170. 117 Priority of interests on grant of new lease.
  171. 118 Estate management schemes in connection with enfranchisement by virtue of s. 106.
  172. 119 Leasehold valuation tribunals: pre-trial review.
  173. 120 Payment of housing benefit to third parties.
  174. 121 Administration of housing benefit, &c.
  175. 122 Functions of rent officers in connection with universal credit, housing benefit and rent allowance subsidy.
  176. 123 Consequential amendments: Part IV.
  177. 124 Introductory tenancies.
  178. 125 Duration of introductory tenancy.
  179. 125A Extension of trial period by 6 months
  180. 125B Review of decision to extend trial period
  181. 126 Licences.
  182. 127 Proceedings for possession.
  183. 128 Notice of proceedings for possession.
  184. 129 Review of decision to seek possession.
  185. 130 Effect of beginning proceedings for possession.
  186. 131 Persons qualified to succeed tenant.
  187. 132 Cases where the tenant is a successor.
  188. 133 Succession to introductory tenancy.
  189. 134 Assignment in general prohibited.
  190. 135 Right to carry out repairs.
  191. 136 Provision of information about tenancies.
  192. 137 Consultation on matters of housing management.
  193. 137A Introductory tenancies that are to become flexible tenancies
  194. 138 Jurisdiction of county court.
  195. 139 Meaning of “dwelling-house”.
  196. 140 Members of a person’s family: Chapter I.
  197. 141 Consequential amendments: introductory tenancies.
  198. 142 Regulations and orders.
  199. 143 Index of defined expressions: introductory tenancies.
  200. 143A Demoted tenancies
  201. 143B Duration of demoted tenancy
  202. 143C Change of landlord
  203. 143D Proceedings for possession
  204. 143E Notice of proceedings for possession
  205. 143F Review of decision to seek possession
  206. 143G Effect of proceedings for possession
  207. 143H Succession to demoted tenancy
  208. 143I No successor tenant: termination
  209. 143J Successor tenants
  210. 143K Restriction on assignment
  211. 143L Right to carry out repairs
  212. 143M Provision of information
  213. 143MA Demoted tenancies that are to become flexible tenancies
  214. 143N Jurisdiction of county court
  215. 143O Meaning of dwelling house
  216. 143P Members of a person’s family
  217. 144 Extension of ground of nuisance or annoyance to neighbours, &c.
  218. 145 New ground of domestic violence: secure tenancies.
  219. 146 Extension of ground that grant of tenancy induced by false statement.
  220. 147 Proceedings for possession or termination.
  221. 148 Extension of ground of nuisance or annoyance to adjoining occupiers &c.
  222. 149 New ground of domestic violence: assured tenancies.
  223. 150 Additional notice requirements: domestic violence.
  224. 151 Early commencement of certain proceedings for possession.
  225. 152 Power to grant injunctions against anti-social behaviour.
  226. 153 Power of arrest for breach of other injunctions against anti-social behaviour.
  227. 153A Anti-social behaviour injunction
  228. 153B Injunction against unlawful use of premises
  229. 153C Injunctions: exclusion order and power of arrest
  230. 153D Injunction against breach of tenancy agreement
  231. 153E Injunctions: supplementary
  232. 154 Powers of arrest: ex-parte applications for injunctions.
  233. 155 Arrest and remand.
  234. 156 Remand for medical examination and report.
  235. 157 Powers of arrest: supplementary provisions.
  236. 158 Interpretation: Chapter III.
  237. 159 Allocation of housing accommodation.
  238. 160 Cases where provisions about allocation do not apply.
  239. 160ZA Allocation only to eligible and qualifying persons: England
  240. 160A Allocation only to eligible persons: Wales
  241. 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  242. 162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  243. 163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  244. 164 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  245. 165 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  246. 166 Applications for housing accommodation
  247. 166A Allocation in accordance with allocation scheme: England
  248. 167 Allocation in accordance with allocation scheme : Wales
  249. 168 Information about allocation scheme.
  250. 169 Guidance to authorities by the Secretary of State.
  251. 170 Co-operation between certain social landlords and local housing authorities.
  252. 171 False statements and withholding information.
  253. 172 Regulations.
  254. 173 Consequential amendments: Part VI.
  255. 174 Index of defined expressions: Part VI.
  256. 175 Homelessness and threatened homelessness.
  257. 176 Meaning of accommodation available for occupation.
  258. 177 Whether it is reasonable to continue to occupy accommodation.
  259. 178 Meaning of associated person.
  260. 179 Duty of local housing authority in England to provide advisory services
  261. 180 Assistance for voluntary organisations.
  262. 181 Terms and conditions of assistance.
  263. 182 Guidance by the Secretary of State.
  264. 183 Application for assistance.
  265. 184 Inquiry into cases of homelessness or threatened homelessness.
  266. 185 Persons from abroad not eligible for housing assistance.
  267. 186 Asylum-seekers and their dependants.
  268. 187 Provision of information by Secretary of State.
  269. 188 Interim duty to accommodate in case of apparent priority need.
  270. 189 Priority need for accommodation.
  271. 189A Assessments and personalised plan
  272. 189B Initial duty owed to all eligible persons who are homeless
  273. 190 Duties to persons becoming homeless intentionally.
  274. 191 Becoming homeless intentionally.
  275. 192 Duty to persons not in priority need who are not homeless intentionally.
  276. 193 Duty to persons with priority need who are not homeless intentionally.
  277. 193A Consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage
  278. 193B Notices in cases of an applicant's deliberate and unreasonable refusal to co-operate
  279. 193C Notice under section 193B: consequences
  280. 194 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  281. 195 Duties in cases of threatened homelessness
  282. 195A Re-application after private rented sector offer
  283. 196 Becoming threatened with homelessness intentionally.
  284. 197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  285. 198 Referral of case to another local housing authority.
  286. 199 Local connection.
  287. 199A Duties to the applicant whose case is considered for referral or referred under section 198(A1)
  288. 200 Duties to applicant whose case is considered for referral or referred under section 198(1).
  289. 201 Application of referral provisions to cases arising in Scotland.
  290. 201A Cases referred from a local housing authority in Wales
  291. 202 Right to request review of decision.
  292. 203 Procedure on a review.
  293. 204 Right of appeal to county court on point of law.
  294. 204A Section 204(4): appeals
  295. 205 Discharge of functions: introductory.
  296. 206 Discharge of functions by local housing authorities.
  297. 207 Discharge of functions: provision of accommodation by the authority.
  298. 208 Discharge of functions: out-of-area placements.
  299. 209 Discharge of interim duties: arrangements with private landlord
  300. 210 Suitability of accommodation.
  301. 211 Protection of property of homeless persons and persons threatened with homelessness.
  302. 212 Protection of property: supplementary provisions.
  303. 213 Co-operation between relevant housing authorities and bodies.
  304. 213A Co-operation in certain cases involving children
  305. 213AA Duty of local housing authority in England to notify in certain cases involving children
  306. 213B Duty of public authority to refer cases in England to local housing authority
  307. 214 False statements, withholding information and failure to disclose change of circumstances.
  308. 214A Codes of practice
  309. 215 Regulations and orders.
  310. 216 Transitional and consequential matters.
  311. 217 Minor definitions: Part VII.
  312. 218 Index of defined expressions: Part VII.
  313. 218A Anti-social behaviour: landlords' policies and procedures
  314. 219 Directions as to certain charges by social landlords.
  315. 220 Directions as to certain charges: supplementary provisions.
  316. 220A Provision of general advice etc about residential licences: England
  317. 221 Exercise of compulsory purchase powers in relation to Crown land.
  318. 222 Miscellaneous minor amendments.
  319. 223 Offences by body corporate.
  320. 224 The Common Council of the City of London.
  321. 225 The Isles of Scilly.
  322. 226 Corresponding provision for Northern Ireland.
  323. 227 Repeals.
  324. 228 Financial provisions.
  325. 229 Meaning of “lease” and “tenancy” and related expressions.
  326. 230 Minor definitions: general.
  327. 231 Extent.
  328. 232 Commencement.
  329. 233 Short title.
  330. SCHEDULE 1 Registered social landlords: regulation
  331. SCHEDULE 2 Social rented sector: housing complaints
  332. SCHEDULE 3 Social rented sector: minor amendments
  333. SCHEDULE 4 Rights exercisable by surveyor appointed by tenants’ association
  334. SCHEDULE 6 Amendments of Part I of the Landlord and Tenant Act 1987
  335. SCHEDULE 7 Assured tenancies: schedule inserted after Schedule 2 to the Housing Act 1988
  336. SCHEDULE 8 Assured tenancies: consequential amendments
  337. SCHEDULE 9 Low rent test: extension of rights
  338. SCHEDULE 10 Section 107: consequential amendments
  339. SCHEDULE 11 Compensation for postponement of termination in connection with ineffective claims
  340. SCHEDULE 12 Administration of housing benefit, &c
  341. SCHEDULE 13 Housing benefit and related matters: consequential amendments
  342. SCHEDULE 14 Introductory tenancies: consequential amendments
  343. SCHEDULE 16 Allocation of housing accommodation: consequential amendments
  344. SCHEDULE 17 Homelessness: consequential amendments
  345. SCHEDULE 18 Miscellaneous provisions
  346. SCHEDULE 19 Repeals

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346 provisions

50B Exercise of enforcement powers

(1) This section applies where the Welsh Ministers are deciding— (a) whether to exercise an enforcement power, (b) which enforcement power to exercise, or (c) how to exercise an enforcement power. (2) The Welsh Ministers must consider— (a) the desirability of registered social landlords being free to choose how to provide services and conduct business; (b) whether the failure or other problem concerned is serious or trivial; (c) whether the failure or other problem is a recurrent or isolated incident; (d) the speed with which the failure or other problem needs to be addressed. (3) In subsection (1), an “enforcement power” means a power exercisable under any of the following provisions— this Chapter, paragraphs 4, 6 to 8, 14 to 15B, 15D, 15F and 15H of Part 2 of Schedule 1, paragraphs 20 to 27 of Part 4 of Schedule 1.

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50C Grounds for giving notice

(1) The Welsh Ministers may give an enforcement notice to a registered social landlord if they are satisfied that— (a) any of the following cases applies, and (b) giving an enforcement notice is appropriate (whether it is likely to be sufficient in itself or a prelude to further action). (2) Case 1 is where the registered social landlord has failed to meet a standard applicable to it under section 33A. (3) Case 2 is where the registered social landlord has failed to comply with a requirement imposed by or under an enactment. (4) Case 3 is where the registered social landlord has failed to comply with an earlier enforcement notice. (5) Case 4 is where the registered social landlord has failed to publish information in accordance with a requirement under section 50I(3) or 50Q(3). (6) Case 5 is where the interests of tenants of the registered social landlord require protection. (7) Case 6 is where the registered social landlord's assets require protection. (8) Case 7 is where the registered social landlord has given an undertaking under section 6A and failed to comply with it. (9) Case 8 is where an offence under this Part has been committed by the registered social landlord. (10) Case 9 is where the registered social landlord has failed to implement a recommendation made by the Public Services Ombudsman for Wales in a report prepared under section 16 of the Public Services Ombudsman (Wales) Act 2005 or section 23 of the Public Services Ombudsman (Wales) Act 2019. (10A) But Case 2 is not to be treated as applying if any of the other cases listed in this section applies. (11) Where the Welsh Ministers are satisfied that an offence under this Part has been committed in respect of a registered social landlord but by another person (such as a member, employee or agent of the registered social landlord)— (a) Case 8 applies, (b) the Welsh Ministers may give an enforcement notice to the other person, and (c) this Chapter applies with the substitution of references to that other person for references to the registered social landlord.

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50D Content

(1) An enforcement notice must— (a) specify the grounds on which it is given, (b) specify the action the Welsh Ministers want the registered social landlord to take in response to the notice, (c) specify when the action is to be taken (which may be immediately on receipt of the notice), and (d) explain the effect of sections 50E to 50G. (2) The action specified in an enforcement notice may include publishing the notice in a specified manner.

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50E Appeal

A registered social landlord who is given an enforcement notice may appeal to the High Court.

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50F Withdrawal

The Welsh Ministers may withdraw an enforcement notice by notice to the registered social landlord.

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50G Sanction

(1) In the case of an enforcement notice given to a person other than the registered social landlord by virtue of section 50C(11), the Welsh Ministers may only— (a) exercise the power to issue a penalty notice to the person in accordance with the next group of sections, or (b) take steps to have the person prosecuted for the offence by reference to which the enforcement notice was given. (2) A person to whom an enforcement notice is given on the ground in Case 8 of section 50C may not be prosecuted for the offence by reference to which the enforcement notice was given unless the person fails to comply with the enforcement notice.

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50H Grounds for imposition

(1) The Welsh Ministers may require a registered social landlord to pay a penalty if they are satisfied that— (a) any of the following cases applies, and (b) the imposition of a penalty is appropriate (whether or not as part of a response including other action). (2) Case 1 is where the registered social landlord has failed to meet a standard under section 33A. (3) Case 2 is where the registered social landlord has failed to comply with a requirement imposed by or under an enactment. (4) Case 3 is where the registered social landlord has failed to comply with an enforcement notice. (5) Case 4 is where the registered social landlord has given an undertaking under section 6A and failed to comply with it. (6) Case 5 is where an offence under this Part has been committed by the registered social landlord. (6A) But Case 2 is not to be treated as applying if any of the other cases listed in this section applies. (7) Where the Welsh Ministers are satisfied that an offence under this Part has been committed in respect of a registered social landlord but by another person (such as a member, employee or agent of the registered social landlord)— (a) Case 5 applies, (b) the Welsh Ministers may require the other person to pay a penalty, and (c) this Chapter applies with the substitution of references to that other person for references to the registered social landlord. (8) In order to rely on Case 5 the Welsh Ministers must be satisfied beyond reasonable doubt that it applies.

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50I Imposition

(1) A penalty is imposed by the Welsh Ministers giving notice (a “penalty notice”) to the registered social landlord. (2) The notice must specify— (a) the grounds on which the penalty is imposed, (b) the amount of the penalty, (c) how the penalty must be paid, (d) a period within which it must be paid, and (e) any interest or additional penalty which, by virtue of section 50M, is payable in the event of late payment. (3) The notice may require the registered social landlord to publish information about the penalty in a specified manner. (4) The notice must explain the effect of sections 50M(1), (3) and (5) and 50N.

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50J Amount

(1) The amount of a penalty imposed on the ground specified in Case 5 of section 50H may not exceed the maximum amount (if any) of fine that a magistrates' court could impose for the relevant offence. (2) The amount of a penalty imposed on the ground specified in any other Case of that section may not exceed £5,000. (3) The Welsh Ministers may by order amend the amount specified in subsection (2). (4) An order under subsection (3) is to be made by statutory instrument and must not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

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50K Warning

(1) Before giving a penalty notice to a registered social landlord the Welsh Ministers must give the landlord a notice (a “pre-penalty warning”)— (a) specifying grounds on which the Welsh Ministers think a penalty could be imposed, (b) warning the landlord that the Welsh Ministers are considering imposing a penalty, (c) including any indication that the Welsh Ministers are able to give of the likely amount of any penalty, and (d) explaining the effect of sections 50L, 50M(1), (3) and (5) and 50N. (2) The Welsh Ministers must send a copy of a pre-penalty warning to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the pre-penalty warning is given). (3) A pre-penalty warning must— (a) refer to section 6A, and (b) indicate whether or to what extent the Welsh Ministers would accept a voluntary undertaking instead of, or in mitigation of, a penalty. (4) A pre-penalty warning may be combined with notice under one or more of the following— (a) section 50S, (b) paragraphs 15C, 15E and 15G of Schedule 1.

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50L Representations

(1) A pre-penalty warning must specify a period during which the registered social landlord may make representations to the Welsh Ministers. (2) The period must— (a) be a period of at least 28 days, and (b) begin with the date on which the registered social landlord receives the pre-penalty warning. (3) Representations may address— (a) whether a penalty should be imposed; (b) the amount of any penalty that may be imposed. (4) After the end of the period specified under subsection (1) the Welsh Ministers must— (a) consider any representations made, and (b) decide whether to impose a penalty.

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50M Enforcement

(1) A penalty is to be treated as a debt owed to the Welsh Ministers. (2) The Welsh Ministers may— (a) charge interest on a penalty not paid during the period specified under section 50I(2)(d); (b) impose one or more additional penalties where a penalty is not paid during that period. (3) Interest and additional penalty are to be treated as penalty (and may have the effect of increasing the penalty above a limit set by section 50J). (4) A penalty notice may include provision allowing a discount if the penalty is paid on or before a date specified in the notice (falling within the period specified under section 50I(2)(d)). (5) A person to whom a penalty notice is given on the ground in Case 5 of section 50H may not be prosecuted for the offence by reference to which the penalty notice was given.

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50N Appeal

A registered social landlord who is given a penalty notice may appeal to the High Court against— (a) the imposition of the penalty, (b) its amount, or (c) both.

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50O Grounds for award

(1) The Welsh Ministers may require a registered social landlord to pay compensation if they are satisfied that— (a) either of the following cases applies, and (b) the award of compensation is appropriate (whether or not as part of a response including other action). (2) Case 1 is where the registered social landlord has failed to meet a standard under section 33A. (3) Case 2 is where the registered social landlord has given an undertaking under section 6A and failed to comply with it.

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50P Persons to whom compensation may be awarded

Compensation in respect of a failure may be awarded to one or more persons who have suffered as a result of the failure.

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50Q Award

(1) Compensation is awarded by the Welsh Ministers giving notice (a “compensation notice”) to— (a) the registered social landlord, and (b) the person to be compensated. (2) The notice must specify— (a) the grounds on which the compensation is awarded, (b) the amount of the compensation, (c) the person to be compensated, (d) a period within which it must be paid, and (e) any interest or additional compensation which, by virtue of section 50U(2), is payable in the event of late payment. (3) The notice may require the registered social landlord to publish information about the compensation award in a specified manner. (4) The notice must explain the effect of sections 50U(1) and (3) and 50V.

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50R Impact

(1) This section applies when the Welsh Ministers are considering— (a) whether to award compensation, or (b) the amount of compensation to award. (2) The Welsh Ministers must take account of any information available to them about the financial situation of the registered social landlord. (3) The Welsh Ministers must consider the likely impact of the compensation on the registered social landlord's ability to provide services. (4) In particular, the Welsh Minsters must aim to avoid— (a) jeopardising the financial viability of the registered social landlord, (b) preventing the registered social landlord from honouring financial commitments, or (c) preventing the registered social landlord from taking action to remedy the matters on the grounds of which the compensation might be awarded.

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50S Warning

(1) Before giving a compensation notice to a registered social landlord the Welsh Ministers must give the landlord a notice (a “pre-compensation warning”)— (a) specifying grounds on which the Welsh Ministers think compensation could be awarded, (b) warning the landlord that the Welsh Ministers are considering awarding compensation to a specified person, (c) including any indication that the Welsh Ministers are able to give of the likely amount of any compensation, and (d) explaining the effect of sections 50T, 50U(1) and (3) and 50V. (2) Before giving a pre-compensation warning the Welsh Ministers must consult the Public Services Ombudsman for Wales. (3) The Welsh Ministers must send a copy of a pre-compensation warning to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the pre-compensation warning is given). (4) A pre-compensation warning must— (a) refer to section 6A, and (b) indicate whether or to what extent the Welsh Ministers would accept a voluntary undertaking instead of, or in mitigation of, awarding compensation. (5) A pre-compensation warning may be combined with notice under one or more of the following— (a) section 50K, (b) paragraphs 15C, 15E and 15G of Schedule 1.

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50T Representations

(1) A pre-compensation warning must specify a period during which the registered social landlord may make representations to the Welsh Ministers. (2) The period must— (a) be a period of at least 28 days, and (b) begin with the date on which the registered social landlord receives the pre-compensation warning. (3) Representations may address— (a) whether compensation should be awarded; (b) the amount of any compensation that may be awarded. (4) After the end of the period specified under subsection (1) the Welsh Ministers must— (a) consider any representations made, and (b) decide whether to award compensation.

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50U Enforcement

(1) Compensation is to be treated as a debt owed to the person to whom it is awarded. (2) The Welsh Ministers may — (a) award interest on compensation not paid during the period specified under section 50Q(2)(d); (b) award additional compensation where compensation is not paid during that period. (3) Interest and additional compensation are to be treated as compensation.

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50V Appeal

A registered social landlord who is given a compensation notice may appeal to the High Court against— (a) the award of compensation, (b) its amount, or (c) both.

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51 Schemes for investigation of complaints.

(1) The provisions of Schedule 2 have effect for the purpose of enabling tenants and other individuals to have complaints against social landlords investigated by a housing ombudsman in accordance with a scheme approved by the Secretary of State. (2) For the purposes of that Schedule a “social landlord” means— (za) a local authority in England which is a registered provider of social housing, (a) a private registered provider of social housing, (b) a transferee of housing pursuant to — (i) a large scale disposal, within the meaning of section 34 of the Housing Act 1985, for which consent was required under section 32 or 43 of that Act; or (ii) a qualifying disposal that was made under section 135 of the Leasehold Reform, Housing and Urban Development Act 1993; (c) a body which has acquired dwellings under Part IV of the Housing Act 1988 (change of landlord: secure tenants); or (d) any other body which was at any time registered with the Regulator of Social Housing or the Housing Corporation, or with Housing for Wales, and which owns or manages publicly-funded dwellings. (3) In subsection (2)(d) a “publicly-funded dwelling” means a dwelling which was— (a) provided by means of a grant under— section 19 of the Housing and Regeneration Act 2008 (financial assistance) where the grant was made on condition that the recipient provides social housing ..., section 18 of this Act (social housing grant), or section 50 of the Housing Act 1988, section 41 of the Housing Associations Act 1985, or section 29 or 29A of the Housing Act 1974 (housing association grant), or a grant from the Greater London Authority which was a grant made on condition that the recipient provides social housing; or ... (b) acquired on a disposal by a public sector landlord. (3A) In subsection (3) “provides social housing” has the same meaning as in Part 1 of the Housing and Regeneration Act 2008. (4) The Secretary of State may by order add to or amend the descriptions of landlords who are to be treated as social landlords for the purposes of Schedule 2. (5) Before making any such order the Secretary of State shall consult such persons as he considers appropriate. (6) Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) This section shall not apply in relation to social landlords in Wales (within the meaning given by section 78 of the Public Services Ombudsman (Wales) Act 2019). (7) Section 52 shall apply to an order under subsection (4) (with any necessary modifications).

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51ZA Power of housing ombudsman to issue guidance to scheme members

(1) This section applies where a scheme is approved by the Secretary of State under Schedule 2. (2) The housing ombudsman may issue to the members of the scheme guidance as to good practice in the carrying on of housing activities covered by the scheme. (3) Before issuing, revising or replacing guidance under this section, the housing ombudsman must consult— (a) the Regulator of Social Housing, (b) members of the scheme, and (c) individuals who may make complaints under the scheme. (4) If the housing ombudsman issues, revises or replaces guidance under this section, the housing ombudsman must publish the guidance, the revised guidance or (as the case may be) the replacement guidance. (5) Subsection (7) applies if— (a) an individual makes a complaint against a member of the scheme, (b) the complaint is made under the scheme or the conditions in subsection (6) are met in relation to the complaint, and (c) it appears to the housing ombudsman that the complaint relates to a matter to which guidance issued by the ombudsman under this section relates. (6) The conditions referred to in subsection (5)(b) are that— (a) the complaint is made to the member of the scheme, (b) the complaint is one that the individual could subsequently make under the scheme, and (c) the individual has notified the ombudsman about the complaint. (7) The housing ombudsman may order the member of the scheme to— (a) assess whether the member’s policies and practices in relation to the matter mentioned in subsection (5)(c) are consistent with the guidance issued by the ombudsman under this section in relation to that matter, and (b) within a period specified in the order, submit to the ombudsman a written statement of the results of the assessment. (8) If a member of the scheme fails to comply with an order under subsection (7) within the period specified in the order, the housing ombudsman may order the member to publish in such manner as the ombudsman sees fit a statement that the member has failed to comply with the order. (9) If a member of the scheme fails to comply with an order under subsection (8), the housing ombudsman may— (a) take such steps as the ombudsman considers appropriate to publish what the member ought to have published, and (b) recover from the member the costs of doing so. (10) In this section, “the housing ombudsman” means the housing ombudsman appointed in accordance with the scheme.

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51A Social Housing Ombudsman for Wales

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51B Investigation of complaints

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51C Meaning of “social landlord in Wales”

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52 General provisions as to orders.

(1) The following provisions apply to any power of the Welsh Ministers under section 2, 7J, 17, 27A, 39, 50J, 51 or 55 or Schedule 2 to make an order. (2) An order may make different provision for different cases or descriptions of case. This includes power to make different provision for different bodies or descriptions of body, different provision for different housing activities and different provision for different areas. (3) An order may contain such supplementary, incidental, consequential or transitional provisions and savings as the Welsh Ministers consider appropriate.

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53 General provisions as to determinations.

(1) The following provisions apply to determinations of ... the Welsh Ministers this Part. (2) A determination may make different provision for different cases or descriptions of case. This includes power to make— (a) different provision for different registered social landlords or descriptions of registered social landlord, and (b) different provision for different housing activities and different provision for different areas; and for the purposes of paragraph (b) descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed. (3) In this Part a general determination means a determination which does not relate solely to a particular case. (4) Before making a general determination, ... the Welsh Ministers shall consult such bodies appearing to them to be representative of registered social landlords as they consider appropriate. (5) After making a general determination, ... the Welsh Ministers shall publish the determination in such manner as they consider appropriate for bringing the determination to the notice of the landlords concerned.

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54 Determinations of the Housing Corporation requiring approval.

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55 Minor and consequential amendments: Part I.

(1) The enactments mentioned in Schedule 3 have effect with the minor amendments specified there. (2) The Welsh Ministers may by order make such amendments or repeals of any enactment as appear to them necessary or expedient in consequence of the provisions of this Part. (3) Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales .

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56 Meaning of “the Welsh Ministers”.

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57 Definitions relating to registered societies.

(1) In this Part, in relation to a registered society— . . . “committee” means the committee of management or other directing body of the society; and “co-opted member”, in relation to the committee, includes any person co-opted to serve on the committee, whether he is a member of the society or not. (2) Any reference in this Part to a member of the committee of a registered society includes a co-opted member.

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58 Definitions relating to charities.

(1) In this Part— (a) “trusts”, in relation to a charity, has the same meaning as in the Charities Act 2011 and “trustee” means a charitable trustee within the meaning of that Act, and (b) “registered charity” means a charity which is registered in accordance with section 30 of that Act. (1A) For the purposes of this Part a registered charity has received public assistance if at least one of the following conditions is satisfied— (a) the charity has received financial assistance under section 24 of the Local Government Act 1988 (assistance for privately let housing accommodation); (b) the charity has received financial assistance under section 19 of the Housing and Regeneration Act 2008 (financial assistance); (c) the charity has had housing transferred to it pursuant to— (i) a large scale disposal, within the meaning of section 34 of the Housing Act 1985, for which consent was required under section 32 or 43 of that Act, or (ii) a qualifying disposal that was made under section 135 of the Leasehold Reform, Housing and Urban Development Act 1993; (d) the charity has received a grant or loan under— (i) section 18 (social housing grants), (ii) section 22 (assistance from local authorities), (iii) section 58 of the Housing Associations Act 1985 (grants or loans by local authorities), (iv) section 50 of the Housing Act 1980, section 41 of the Housing Associations Act 1985 or any enactment replaced by that section (housing association grant), (v) section 51 of the Housing Act 1988 or sections 54 or 55 of the Housing Associations Act 1985 (revenue deficit grant or hostel deficit grant), (vi) section 79 of the Housing Associations Act 1985 (loans by Housing Corporation), (vii) section 31 of the Housing Act 1974 (management grants), or (viii) any enactment mentioned in paragraph 2 or 3 of Schedule 1 to the Housing Associations Act 1985 (pre-1974 grants and certain loans). (2) References in this Part to a company do not include a company which is a registered charity, except where otherwise provided.

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59 Meaning of “officer” of registered social landlord.

(1) References in this Part to an officer of a registered social landlord are— (a) in the case of a registered charity which is not a company , to any trustee, secretary or treasurer of the charity; (b) in the case of a registered society, to any officer of the society as defined in section 149 of the Co-operative and Community Benefit Societies Act 2014; and (c) in the case of a company (including a company that is a registered charity) , to any director or other officer of the company within the meaning of the Companies Acts (see sections 250 and 1173(1) of the Companies Act 2006) . (2) Any such reference includes, in the case of a registered society, a co-opted member of the committee of the society.

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60 Meaning of “subsidiary”.

(1) In this Part “subsidiary”, in relation to a registered social landlord, means a company with respect to which one of the following conditions is fulfilled— (a) the landlord is a member of the company and controls the composition of the board of directors; (b) the landlord holds more than half in nominal value of the company’s equity share capital; or (c) the company is a subsidiary, within the meaning of the Companies Acts (see section 1159 of the Companies Act 2006) or Part 7 of the Co-operative and Community Benefit Societies Act 2014, of another company which, by virtue of paragraph (a) or paragraph (b), is itself a subsidiary of the landlord. (2) For the purposes of subsection (1)(a), the composition of a company’s board of directors shall be deemed to be controlled by a registered social landlord if, but only if, the landlord, by the exercise of some power exercisable by him without the consent or concurrence of any other person, can appoint or remove the holders of all or a majority of the directorships. (3) In relation to a company which is a registered society— (a) any reference in this section to the board of directors is a reference to the committee of management of the society; and (b) the reference in subsection (2) to the holders of all or a majority of the directorships is a reference— (i) to all or a majority of the members of the committee, or (ii) if the landlord is himself a member of the committee, such number as together with him would constitute a majority. (4) In the case of a registered social landlord which is a body of trustees, references in this section to the landlord are to the trustees acting as such.

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61 Meaning of “associate”.

(1) In this Part “associate”, in relation to a registered social landlord, means— (a) any body of which the landlord is a subsidiary, and (b) any other subsidiary of such a body. (2) In this section “subsidiary” has the same meaning as in the Companies Acts (see section 1159 of the Companies Act 2006) or Part 7 of the Co-operative and Community Benefit Societies Act 2014 or, in the case of a body which is itself a registered social landlord, has the meaning given by section 60.

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62 Members of a person’s family: Part I.

(1) A person is a member of another’s family within the meaning of this Part if— (a) he is the spouse or civil partner of that person, or he and that person live together as if they were a married couple or civil partners, or (b) he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece. (2) For the purpose of subsection (1)(b)— (a) a relationship by marriage or civil partnership shall be treated as a relationship by blood, (b) a relationship of the half-blood shall be treated as a relationship of the whole blood, and (c) the stepchild of a person shall be treated as his child.

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63 Minor definitions: Part I.

(1) In this Part— “action” includes inaction, proposed action and decision; “company” means a company registered under the Companies Act 2006; “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it; “fully mutual”, in relation to a housing association, and “co-operative housing association” have the same meaning as in the Housing Associations Act 1985 (see section 1(2) of that Act); “hostel” means a building in which is provided for persons generally or for a class or classes of persons— residential accommodation otherwise than in separate and self-contained premises, and either board or facilities for the preparation of food adequate to the needs of those persons, or both; “house” includes— any part of a building occupied or intended to be occupied as a separate dwelling, and any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it; “housing accommodation” includes flats, lodging-houses and hostels; “housing activities” means, in relation to a registered social landlord, all its activities in pursuance of the purposes, objects and powers mentioned in or specified under section 2; “information” includes accounts, estimates and returns; “local authority” has the same meaning as in the Housing Associations Act 1985; “long tenancy” has the same meaning as in Part V of the Housing Act 1985; “misconduct” includes any failure to comply with the requirements of this Part of this Act; “modifications” includes additions, alterations and omissions and cognate expressions shall be construed accordingly; “notice” means notice in writing; notify” means notify in writing; “public sector landlord” means any of the authorities or bodies within section 80(1) of the Housing Act 1985 (the landlord condition for secure tenancies); “registrar of companies” has the same meaning as in the Companies Acts (see section 1060 of the Companies Act 2006) ; “representations” means representations in writing; “statutory tenancy” has the same meaning as in the Housing Act 1985. (2) References in this Part to the provision of a dwelling or house include the provision of a dwelling or house— (a) by erecting the dwelling or house, or converting a building into dwellings or a house, or (b) by altering, enlarging, repairing or improving an existing dwelling or house; and references to a dwelling or house provided by means of a grant or other financial assistance are to its being so provided directly or indirectly.

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64 Index of defined expressions: Part I.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section)— action | section 63 appointed person (in relation to inquiry into affairs of registered social landlord) | paragraph 20 of Schedule 1 . . . | . . . associate (in relation to a registered social landlord) | section 61(1) assured tenancy | section 230 assured agricultural occupancy | section 230 assured shorthold tenancy | section 230 . . . | . . . committee member (in relation to a registered society) | section 57(2) company | section 63 (and see section 58(2)) . . . | . . . co-operative housing association | section 63 co-opted member (of committee of registered society) | section 57(1) . . . | . . . disposal proceeds fund | section 24 dwelling | section 63 enactment | section 230 fully mutual housing association | section 63 hostel | section 63 house | section 63 housing accommodation | section 63 housing activities | section 63 housing association | section 230 . . . | section 2(1)(b) information | section 63 lease | section 229 local authority | section 63 local housing authority | section 230 long tenancy | section 63 member of family | section 62 misconduct | section 63 modifications | section 63 notice | section 63 officer of registered social landlord | section 59 provision (in relation to dwelling or house) | section 63(2) public sector landlord | section 63 received public assistance | section 58(1A) register, registered and registration (in relation to social landlords) | section 1 registered charity | section 58(1)(b) registered society | section 1A. registrar of companies | section 63 . . . | . . . relevant disposal which is not an exempted disposal (in sections 11 to 14) | section 15 representations | section 63 secure tenancy | section 230 social housing grant | section 18(1) statutory tenancy | section 63 subsidiary (in relation to a registered social landlord) | section 60(1) trustee and trusts (in relation to a charity) | section 58(1)(a)

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65 Making and approval of registration schemes.

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