Royal Arms Housing Act 1996

1996 Chapter 52

 

© Crown Copyright 1996

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  Housing Act 1996

1996 Chapter 52

 
 
ARRANGEMENT OF SECTIONS

PART I
SOCIAL RENTED SECTOR
CHAPTER I
REGISTERED SOCIAL LANDLORDS
Registration
Section. 
1.The register of social landlords.
2.Eligibility for registration.
3.Registration.
4.Removal from the register.
5.Criteria for registration or removal from register.
6.Appeal against decision on removal.

Regulation of registered social landlords
7.Regulation of registered social landlords.

CHAPTER II
DISPOSAL OF LAND AND RELATED MATTERS
Power of registered social landlord to dispose of land
8.Power of registered social landlord to dispose of land.

Control by Corporation of land transactions
9.Consent required for disposal of land by registered social landlord.
10.Lettings and other disposals not requiring consent of Corporation.
11.Covenant for repayment of discount on disposal.
12.Priority of charge for repayment of discount.
13.Restriction on disposal of houses in National Parks, &c.
14.Treatment of options.
15.Relevant and exempted disposals.

Right of tenant to acquire dwelling
16.Right of tenant to acquire dwelling.
17.Right of tenant to acquire dwelling: supplementary provisions.

CHAPTER III
GRANTS AND OTHER FINANCIAL MATTERS
Grants and other financial assistance
18.Social housing grants.
19.Land subject to housing management agreement.
20.Purchase grant where right to acquire exercised.
21.Purchase grant in respect of other disposals.
22.Assistance from local authorities.
23.Loans by Public Works Loans Commissioners.

Treatment of disposal proceeds
24.The disposal proceeds fund.
25.Application or appropriation of disposal proceeds.
26.Disposal proceeds: power to require information.

Recovery, &c. of social housing grants
27.Recovery, &c. of social housing grants.

Grants, &c. under earlier enactments
28.Grants under ss.50 to 55 of the Housing Act 19881988.
29.Commutation of payments of special residual subsidy.

CHAPTER IV
GENERAL POWERS OF THE CORPORATION
Information
30.General power to obtain information.
31.Enforcement of notice to provide information, &c.
32.Disclosure of information to the Corporation.
33.Disclosure of information by the Corporation.

Standards of performance
34.Standards of performance.
35.Information as to levels of performance.

Housing management
36.Issue of guidance by the Corporation.
37.Powers of entry.
38.Penalty for obstruction of person exercising power of entry.

Insolvency, &c. of registered social landlord
39.Insolvency, &c. of registered social landlord: scheme of provisions.
40.Initial notice to be given to the Corporation.
41.Further notice to be given to the Corporation.
42.Moratorium on disposal of land, &c.
43.Period of moratorium.
44.Proposals as to ownership and management of landlord's land.
45.Effect of agreed proposals.
46.Appointment of manager to implement agreed proposals.
47.Powers of the manager.
48.Powers of the manager: transfer of engagements.
49.Assistance by the Corporation.
50.Application to court to secure compliance with agreed proposals.

CHAPTER V
MISCELLANEOUS AND GENERAL PROVISIONS
Housing complaints
51.Schemes for investigation of complaints.

Orders and determinations
52.General provisions as to orders.
53.General provisions as to determinations.
54.Determinations of the Corporation requiring approval.

Minor and consequential amendments
55.Minor and consequential amendments: Part I.

Interpretation
56.Meaning of "the Corporation".
57.Definitions relating to industrial and provident societies.
58.Definitions relating to charities.
59.Meaning of "officer" of registered social landlord.
60.Meaning of "subsidiary".
61.Meaning of "associate".
62.Members of a person's family: Part I.
63.Minor definitions: Part I.
64.Index of defined expressions: Part I.

PART II
HOUSES IN MULTIPLE OCCUPATION
Registration schemes
65.Making and approval of registration schemes.
66.Registration schemes: control provisions.
67.Registration schemes: special control provisions.
68.Offences in connection with registration schemes.
69.Information requirements in connection with registration schemes.
70.Existing registration schemes.

Other amendments of Part XI of the Housing Act 1985
71.Restriction on notices requiring execution of works.
72.Recovery of expenses of notice requiring execution of works.
73.Duty to keep premises fit for number of occupants.
74.Section 354 direction to be local land charge.
75.Means of escape from fire.
76.Works notices: improvement of enforcement procedures.
77.Codes of practice.
78.Increase of fines, &c.
79.Minor amendments.

Common lodging houses
80.Repeal of Part XII of the Housing Act 1985.

PART III
LANDLORD AND TENANT
CHAPTER I
TENANTS' RIGHTS
Forfeiture
81.Restriction on termination of tenancy for failure to pay service charge.
82.Notice under s.146 of the Law of Property Act 1925.

Service charges
83.Determination of reasonableness of service charges.
84.Right to appoint surveyor to advise on matters relating to service charges.

Appointment of manager
85.Appointment of manager by the court.
86.Appointment of manager: transfer of jurisdiction to leasehold valuation tribunal.
87.Text of Part II of the Landlord and Tenant Act 1987, as amended.
88.Period after which acquisition order may be made.

Right of first refusal
89.Application of right of first refusal in relation to contracts.
90.Notice required to be given by landlord making disposal.
91.Offence of failure to comply with requirements of Part I.
92.Procedure for exercise of rights of first refusal.
93.Duty of new landlord to inform tenant of rights.

General legal advice
94.Provision of general legal advice about residential tenancies.

Supplementary
95.Jurisdiction of county courts.

CHAPTER II
ASSURED TENANCIES
Assured shorthold tenancies
96.Tenancies which are assured shorthold tenancies.
97.Duty of landlord to provide statement of terms of assured shorthold tenancy.
98.Form of notices under s. 21 of the Housing Act 1988.
99.Restriction on recovery of possession on expiry or termination.
100.Applications for determination of rent: time limit.

Grounds for possession
101.Mandatory possession for non-payment of rent: reduction in arrears required.
102.Recovery of possession where grant induced by false statement.

Assured agricultural occupancies
103.Assured agricultural occupancies: exclusion of tenancies of agricultural holdings and farm business tenancies.

Consequential amendments
104.Consequential amendments: assured tenancies.

CHAPTER III
LEASEHOLD REFORM
Scope of rights
105.Low rent test: nil rateable values.
106.Low rent test: extension of rights.
107.Collective enfranchisement: multiple freeholders.

Valuation
108.Collective enfranchisement: removal of need for professional valuation of interests to be acquired.
109.Collective enfranchisement: valuation principles.
110.New leases: valuation principles.

Trusts
111.Satisfaction of residence condition: collective enfranchisement.
112.Satisfaction of residence condition: new leases.
113.Powers of trustees.

Miscellaneous
114.Minor amendment of section 1(1.
115.Power for leasehold valuation tribunal to determine amount of costs payable under Leasehold Reform Act 1967.
116.Compensation for postponement of termination in connection with ineffective claims.
117.Priority of interests on grant of new lease.
118.Estate management schemes in connection with enfranchisement by virtue of s. 106.
119.Leasehold valuation tribunals: pre-trial review.

PART IV
HOUSING BENEFIT AND RELATED MATTERS
120.Payment of housing benefit to third parties.
121.Administration of housing benefit, &c.
122.Functions of rent officers in connection with housing benefit and rent allowance subsidy.
123.Consequential amendments: Part IV.

PART V
CONDUCT OF TENANTS
CHAPTER I
INTRODUCTORY TENANCIES
General provisions
124.Introductory tenancies.
125.Duration of introductory tenancy.
126.Licences.

Proceedings for possession
127.Proceedings for possession.
128.Notice of proceedings for possession.
129.Review of decision to seek possession.
130.Effect of beginning proceedings for possession.

Succession on death of tenant
131.Persons qualified to succeed tenant.
132.Cases where the tenant is a successor.
133.Succession to introductory tenancy.

Assignment
134.Assignment in general prohibited.

Repairs
135.Right to carry out repairs.

Provision of information and consultation
136.Provision of information about tenancies.
137.Consultation on matters of housing management.

Supplementary
138.Jurisdiction of county court.
139.Meaning of "dwelling-house".
140.Members of a person's family: Chapter I.
141.Consequential amendments: introductory tenancies.
142.Regulations and orders.
143.Index of defined expressions: introductory tenancies.

CHAPTER II
REPOSSESSION, &C.: SECURE AND ASSURED TENANCIES
Secure tenancies
144.Extension of ground of nuisance or annoyance to neighbours, &c.
145.New ground of domestic violence: secure tenancies.
146.Extension of ground that grant of tenancy induced by false statement.
147.Proceedings for possession or termination.

Assured tenancies
148.Extension of ground of nuisance or annoyance to adjoining occupiers &c.
149.New ground of domestic violence: assured tenancies.
150.Additional notice requirements: domestic violence.
151.Early commencement of certain proceedings for possession.

CHAPTER III
INJUNCTIONS AGAINST ANTI-SOCIAL BEHAVIOUR
152.Power to grant injunctions against anti-social behaviour.
153.Power of arrest for breach of other injunctions against anti-social behaviour.
154.Powers of arrest: ex-parte applications for injunctions.
155.Arrest and remand.
156.Remand for medical examination and report.
157.Powers of arrest: supplementary provisions.
158.Interpretation: Chapter III.

PART VI
ALLOCATION OF HOUSING ACCOMMODATION
Introductory
159.Allocation of housing accommodation.
160.Cases where provisions about allocation do not apply.

The housing register
161.Allocation only to qualifying persons.
162.The housing register.
163.Operation of housing register.
164.Notification of adverse decision and right to review.
165.Procedure on a review.
166.Information about housing register.

The allocation scheme
167.Allocation in accordance with allocation scheme.
168.Information about allocation scheme.

Supplementary
169.Guidance to authorities by the Secretary of State.
170.Co-operation between registered social landlords and local housing authorities.
171.False statements and withholding information.
172.Regulations.
173.Consequential amendments: Part VI.
174.Index of defined expressions: Part VI.

PART VII
HOMELESSNESS
Homelessness and threatened homelessness
175.Homelessness and threatened homelessness.
176.Meaning of accommodation available for occupation.
177.Whether it is reasonable to continue to occupy accommodation.
178.Meaning of associated person.

General functions in relation to homelessness or threatened homelessness
179.Duty of local housing authority to provide advisory services.
180.Assistance for voluntary organisations.
181.Terms and conditions of assistance.
182.Guidance by the Secretary of State.

Application for assistance in case of homelessness or threatened homelessness
183.Application for assistance.
184.Inquiry into cases of homelessness or threatened homelessness.

Eligibility for assistance
185.Persons from abroad not eligible for housing assistance.
186.Asylum-seekers and their dependants.
187.Provision of information by Secretary of State.

Interim duty to accommodate
188.Interim duty to accommodate in case of apparent priority need.
189.Priority need for accommodation.

Duties to persons found to be homeless or threatened with homelessness
190.Duties to persons becoming homeless intentionally.
191.Becoming homeless intentionally.
192.Duty to persons not in priority need who are not homeless intentionally.
193.Duty to persons with priority need who are not homeless intentionally.
194.Power exercisable after minimum period of duty under s. 193.
195.Duties in case of threatened homelessness.
196.Becoming threatened with homelessness intentionally.

Duty where other suitable accommodation available
197.Duty where other suitable accommodation available.

Referral to another local housing authority
198.Referral of case to another local housing authority.
199.Local connection.
200.Duties to applicant whose case is considered for referral or referred.
201.Application of referral provisions to cases arising in Scotland.

Right to request review of decision
202.Right to request review of decision.
203.Procedure on a review.
204.Right of appeal to county court on point of law.

Supplementary provisions
205.Discharge of functions: introductory.
206.Discharge of functions by local housing authorities.
207.Discharge of functions: provision of accommodation by the authority.
208.Discharge of functions: out-of-area placements.
209.Discharge of functions: arrangements with private landlord.
210.Suitability of accommodation.
211.Protection of property of homeless persons and persons threatened with homelessness.
212.Protection of property: supplementary provisions.
213.Co-operation between relevant housing authorities and bodies.

General provisions
214.False statements, withholding information and failure to disclose change of circumstances.
215.Regulations and orders.
216.Transitional and consequential matters.
217.Minor definitions: Part VII.
218.Index of defined expressions: Part VII.

PART VIII
MISCELLANEOUS AND GENERAL PROVISIONS
Miscellaneous
219.Directions as to certain charges by social landlords.
220.Directions as to certain charges: supplementary provisions.
221.Exercise of compulsory purchase powers in relation to Crown land.
222.Miscellaneous minor amendments.

General
223.Offences by body corporate.
224.The Common Council of the City of London.
225.The Isles of Scilly.
226.Corresponding provision for Northern Ireland.
227.Repeals.
228.Financial provisions.
229.Meaning of "lease" and "tenancy" and related expressions.
230.Minor definitions: general.

Final provisions
231.Extent.
232.Commencement.
233.Short title.
 

SCHEDULES:
    Schedule 1-Registered social landlords: regulation.
    Part I-Control of payments to members, &c.
    Part II-Constitution, change of rules, amalgamation and dissolution.
    Part III-Accounts and audit.
    Part IV-Inquiry into affairs of registered social landlords.
    Schedule 2-Social rented sector: housing complaints.
    Schedule 3-Social rented sector: minor amendments.
    Schedule 4-Rights exercisable by surveyor appointed by tenants' association.
    Schedule 5-Text of Part II of the Landlord and Tenant Act 1987, as amended.
    Schedule 6-Amendments of Part I of the Landlord and Tenant Act 1987.
    Part I-Rights of first refusal.
    Part II-Enforcement by tenants of rights against purchaser.
    Part III-Enforcement of rights against subsequent purchasers and termination of rights.
    Part IV-Consequential amendments.
    Schedule 7-Assured tenancies: schedule inserted after Schedule 2 to the Housing Act 1988.
    Schedule 8-Assured tenancies: consequential amendments.
    Schedule 9-Low rent test: extension of rights.
    Schedule 10-Section 107: consequential amendments.
    Schedule 11-Compensation for postponement of termination in connection with ineffective claims.
    Schedule 12-Administration of housing benefit, &c.
    Schedule 13-Housing benefit and related matters: consequential amendments.
    Schedule 14-Introductory tenancies: consequential amendments.
    Schedule 15-Arrest for anti-social behaviour: powers of High Court and county court to remand.
    Schedule 16-Allocation of housing accommodation: consequential amendments.
    Schedule 17-Homelessness: consequential amendments.
    Schedule 18-Miscellaneous provisions.
    Part I-Housing management.
    Part II-Housing finance.
    Part III-Orders in relation to property in family and matrimonial proceedings, &c.
    Part IV-Other housing provisions.
    Schedule 19-Repeals.
    Part I-Social rented sector.
    Part II-Houses in multiple occupation.
    Part III-Tenants' rights.
    Part IV-Assured tenancies.
    Part V-Leasehold reform.
    Part VI-Housing benefit and related matters.
    Part VII-Allocation of housing accommodation.
    Part VIII-Homelessness.
    Part IX-Change of landlord: secure tenants.
    Part X-Consultation with respect to housing management.
    Part XI-Abolition of Exchequer contributions for agricultural housing.
    Part XII-Abolition of certain consent requirements.
    Part XIII-Removal of Treasury consent requirements.
    Part XIV-Local authority assistance in connection with mortgages.
 

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 © Crown copyright 1996
Prepared 21 December 1996