Housing Act 1996
1996 Chapter 52 - continued

 
 
Standards of performance
Standards of performance.     34. The Corporation may, after consultation with persons or bodies appearing to it to be representative of registered social landlords, from time to time-
 
 
    (a) determine such standards of performance in connection with the provision of housing as, in its opinion, ought to be achieved by such landlords, and
 
    (b) arrange for the publication, in such form and in such manner as it considers appropriate, of the standards so determined.
Information as to levels of performance.     35. - (1) The Corporation shall from time to time collect information as to the levels of performance achieved by registered social landlords in connection with the provision of housing.
 
      (2) On or before such date in each year as may be specified in a direction given by the Corporation, each registered social landlord shall provide the Corporation, as respects each standard determined under section 34, with such information as to the level of performance achieved by him as may be so specified.
 
      (3) A registered social landlord who without reasonable excuse fails to do anything required of him by a direction under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
 
      Proceedings for such an offence may be brought only by or with the consent of the Corporation or the Director of Public Prosecutions.
 
      (4) The Corporation shall at least once in every year arrange for the publication, in such form and in such manner as it considers appropriate, of such of the information collected by or provided to it under this section as appears to it expedient to give to tenants or potential tenants of registered social landlords.
 
      (5) In arranging for the publication of any such information the Corporation shall have regard to the need for excluding, so far as that is practicable-
 
 
    (a) any matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of the Corporation, seriously and prejudicially affect the interests of that individual; and
 
    (b) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Corporation, seriously and prejudicially affect the interests of that body.
 
Housing management
Issue of guidance by the Corporation.     36. - (1) The Corporation may issue guidance with respect to the management of housing accommodation by registered social landlords.
 
      (2) Guidance under this section may, in particular, be issued with respect to-
 
 
    (a) the housing demands for which provision should be made and the means of meeting those demands;
 
    (b) the allocation of housing accommodation between individuals;
 
    (c) the terms of tenancies and the principles upon which levels of rent should be determined;
 
    (d) standards of maintenance and repair and the means of achieving those standards;
 
    (e) the services to be provided to tenants;
 
    (f) the procedures to be adopted to deal with complaints by tenants against a landlord;
 
    (g) consultation and communication with tenants;
 
    (h) the devolution to tenants of decisions concerning the management of housing accommodation.
      (3) Before issuing any guidance under this section the Corporation shall-
 
 
    (a) consult such bodies appearing to it to be representative of registered social landlords as it considers appropriate, and
 
    (b) submit a draft of the proposed guidance to the Secretary of State for his approval.
      (4) If the Secretary of State gives his approval to the draft submitted to him, the Corporation shall issue the guidance in such manner as the Corporation considers appropriate for bringing it to the notice of the landlords concerned.
 
      (5) Guidance issued under this section may be revised or withdrawn; and subsections (3) and (4) apply in relation to the revision of guidance as in relation to its issue.
 
      (6) Guidance under this section may make different provision in relation to different cases and, in particular, in relation to different areas, different descriptions of housing accommodation and different descriptions of registered social landlord.
 
      (7) In considering whether action needs to be taken to secure the proper management of the affairs of a registered social landlord or whether there has been mismanagement, the Corporation may have regard (among other matters) to the extent to which any guidance under this section is being or has been followed.
 
Powers of entry.     37. - (1) This section applies where it appears to the Corporation that a registered social landlord may be failing to maintain or repair any premises in accordance with guidance issued under section 36.
 
      (2) A person authorised by the Corporation may at any reasonable time, on giving not less than 28 days' notice of his intention to the landlord concerned, enter any such premises for the purpose of survey and examination.
 
      (3) Where such notice is given to the landlord, the landlord shall give the occupier or occupiers of the premises not less than seven days' notice of the proposed survey and examination.
 
      A landlord who fails to do so commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 
      (4) Proceedings for an offence under subsection (3) may be brought only by or with the consent of the Corporation or the Director of Public Prosecutions.
 
      (5) An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.
 
      (6) The Corporation shall give a copy of any survey carried out in exercise of the powers conferred by this section to the landlord concerned.
 
      (7) The Corporation may require the landlord concerned to pay to it such amount as the Corporation may determine towards the costs of carrying out any survey under this section.
 
Penalty for obstruction of person exercising power of entry.     38. - (1) It is an offence for a registered social landlord or any of its officers or employees to obstruct a person authorised under section 37 (powers of entry) to enter premises in the performance of anything which he is authorised by that section to do.
 
      (2) A person who commits such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 
      (3) Proceedings for such an offence may be brought only by or with the consent of the Corporation or the Director of Public Prosecutions.
 
 
Insolvency, &c. of registered social landlord
Insolvency, &c. of registered social landlord: scheme of provisions.     39. - (1) The following sections make provision-
 
 
    (a) for notice to be given to the Corporation of any proposal to take certain steps in relation to a registered social landlord (section 40), and for further notice to be given when any such step is taken (section 41),
 
    (b) for a moratorium on the disposal of land, and certain other assets, held by the registered social landlord (sections 42 and 43),
 
    (c) for proposals by the Corporation as to the future ownership and management of the land held by the landlord (section 44), which are binding if agreed (section 45),
 
    (d) for the appointment of a manager to implement agreed proposals (section 46) and as to the powers of such a manager (sections 47 and 48),
 
    (e) for the giving of assistance by the Corporation (section 49), and
 
    (f) for application to the court to secure compliance with the agreed proposals (section 50).
      (2) In those sections-
 
 
    "disposal" means sale, lease, mortgage, charge or any other disposition, and includes the grant of an option;
 
    "secured creditor" means a creditor who holds a mortgage or charge (including a floating charge) over land held by the landlord or any existing or future interest of the landlord in rents or other receipts from land; and
 
    "security" means any mortgage, charge or other security.
      (3) The Secretary of State may make provision by order defining for the purposes of those sections what is meant by a step to enforce security over land.
 
      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.
 
Initial notice to be given to the Corporation.     40. - (1) Notice must be given to the Corporation before any of the steps mentioned below is taken in relation to a registered social landlord.
 
      The person by whom the notice must be given is indicated in the second column.
 
      (2) Where the registered social landlord is an industrial and provident society, the steps and the person by whom notice must be given are-
 
 
 
Any step to enforce any security over land held by the landlord.
 
The person proposing to take the step.
 
Presenting a petition for the winding up of
the landlord.

The petitioner.
 
Passing a resolution for the winding up of the landlord.
 
The landlord.
      (3) Where the registered social landlord is a company registered under the Companies Act 1985 (including a registered charity), the steps and the person by whom notice must be given are-
 
 
 
Any step to enforce any security over land held by the landlord.
 
The person proposing to take the step.
 
Applying for an administration order.
 
The applicant.
 
Presenting a petition for the winding up of the landlord.
 
The petitioner.
 
Passing a resolution for the winding up of the landlord.
 
The landlord.
      (4) Where the registered social landlord is a registered charity (other than a company registered under the Companies Act 1985), the steps and the person by whom notice must be given are-
 
 
 
Any step to enforce any security over land held by the landlord.
 
The person proposing to take the step.
      (5) Notice need not be given under this section in relation to a resolution for voluntary winding up where the consent of the Corporation is required (see paragraphs 12(4) and 13(6) of Schedule 1).
 
      (6) Any step purportedly taken without the requisite notice being given under this section is ineffective.
 
Further notice to be given to the Corporation.     41. - (1) Notice must be given to the Corporation as soon as may be after any of the steps mentioned below is taken in relation to a registered social landlord.
 
      The person by whom the notice must be given is indicated in the second column.
 
      (2) Where the registered social landlord is an industrial and provident society, the steps and the person by whom notice must be given are-
 
 
 
The taking of a step to enforce any security over land held by the landlord.
 
The person taking the step.
 
The making of an order for the winding up of the landlord.
 
The petitioner.
 
The passing of a resolution for the winding up of the landlord.
 
The landlord.
      (3) Where the registered social landlord is a company registered under the Companies Act 1985 (including a registered charity), the steps and the person by whom notice must be given are-
 
 
 
The taking of a step to enforce any security over land held by the landlord.
 
The person taking the step.
 
The making of an administration order.
 
The person who applied for the order.
 
The making of an order for the winding up of the landlord.
 
The petitioner.
 
The passing of a resolution for the winding up of the landlord.
 
The landlord.
      (4) Where the registered social landlord is a registered charity (other than a company registered under the Companies Act 1985), the steps and the person by whom notice must be given are-
 
 
 
The taking of a step to enforce any security over
land held by the landlord.
 
   The person taking the step.
      (5) Failure to give notice under this section does not affect the validity of any step taken; but the period of 28 days mentioned in section 43(1) (period after which moratorium on disposal of land, &c. ends) does not begin to run until any requisite notice has been given under this section.
 
previous section contents continue
  Other UK Acts |  Home |  Scotland Legislation |  Wales Legislation |  Northern Ireland Legislation |  Her Majesty's Stationery Office

We welcome your comments on this site
© Crown copyright 1996
Prepared 22 December 1996