,
Housing Act 1996
1996 Chapter 52 - continued

 
 
Assignment
Assignment in general prohibited.     134. - (1) An introductory tenancy is not capable of being assigned except in the cases mentioned in subsection (2).
 
      (2) The exceptions are-
 
 
    (a) an assignment in pursuance of an order made under-
 
      (i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),
 
      (ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), or
 
      (iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents);
 
    (b) an assignment to a person who would be qualified to succeed the tenant if the tenant died immediately before the assignment.
      (3) Subsection (1) also applies to a tenancy which is not an introductory tenancy but would be if the tenant, or where the tenancy is a joint tenancy, at least one of the tenants, were occupying or continuing to occupy the dwelling-house as his only or principal home.
 
 
Repairs
Right to carry out repairs.     135. The Secretary of State may by regulations under section 96 of the Housing Act 1985 (secure tenants: right to carry out repairs) apply to introductory tenants any provision made under that section in relation to secure tenants.
 
 
Provision of information and consultation
Provision of information about tenancies.     136. - (1) Every local housing authority or housing action trust which lets dwelling-houses under introductory tenancies shall from time to time publish information about its introductory tenancies, in such form as it considers best suited to explain in simple terms, and, so far as it considers it appropriate, the effect of-
 
 
    (a) the express terms of its introductory tenancies,
 
    (b) the provisions of this Chapter, and
 
    (c) the provisions of sections 11 to 16 of the Landlord and Tenant Act 1985 (landlord's repairing obligations),
  and shall ensure that so far as is reasonably practicable the information so published is kept up to date.
      (2) The landlord under an introductory tenancy shall supply the tenant with-
 
 
    (a) a copy of the information for introductory tenants published by it under subsection (1), and
 
    (b) a written statement of the terms of the tenancy, so far as they are neither expressed in the lease or written tenancy agreement (if any) nor implied by law;
  and the statement required by paragraph (b) shall be supplied on the grant of the tenancy or as soon as practicable afterwards.
Consultation on matters of housing management.     137. - (1) This section applies in relation to every local housing authority and housing action trust which lets dwelling-houses under introductory tenancies and which is a landlord authority for the purposes of Part IV of the Housing Act 1985 (secure tenancies).
 
      (2) The authority or trust shall maintain such arrangements as it considers appropriate to enable those of its introductory tenants who are likely to be substantially affected by a relevant matter of housing management-
 
 
    (a) to be informed of the proposals of the authority or trust in respect of the matter, and
 
    (b) to make their views known to the authority or trust within a specified period;
  and the authority or trust shall, before making a decision on the matter, consider any representations made to it in accordance with those arrangements.
      (3) A matter is one of housing management if, in the opinion of the authority or trust concerned, it relates to-
 
 
    (a) the management, improvement, maintenance or demolition of dwelling-houses let by the authority or trust under introductory or secure tenancies, or
 
    (b) the provision of services or amenities in connection with such dwelling-houses;
  but not so far as it relates to the rent payable under an introductory or secure tenancy or to charges for services or facilities provided by the authority or trust.
      (4) A matter is relevant if, in the opinion of the authority or trust concerned, it represents-
 
 
    (a) a new programme of maintenance, improvement or demolition, or
 
    (b) a change in the practice or policy of the authority or trust,
 and is likely substantially to affect either its introductory tenants as a whole or a group of them who form a distinct social group or occupy dwelling-houses which constitute a distinct class (whether by reference to the kind of dwelling-house, or the housing estate or other larger area in which they are situated).
      (5) In the case of a local housing authority, the reference in subsection (3) to the provision of services or amenities is a reference only to the provision of services or amenities by the authority acting in its capacity as landlord of the dwelling-houses concerned.
 
      (6) The authority or trust shall publish details of the arrangements which it makes under this section, and a copy of the documents published under this subsection shall-
 
 
    (a) be made available at its principal office for inspection at all reasonable hours, without charge, by members of the public, and
 
    (b) be given, on payment of a reasonable fee, to any member of the public who asks for one.
 
Supplementary
Jurisdiction of county court.     138. - (1) A county court has jurisdiction to determine questions arising under this Chapter and to entertain proceedings brought under this Chapter and claims, for whatever amount, in connection with an introductory tenancy.
 
      (2) That jurisdiction includes jurisdiction to entertain proceedings as to whether a statement supplied in pursuance of section 136(2)(b) (written statement of certain terms of tenancy) is accurate notwithstanding that no other relief is sought than a declaration.
 
      (3) If a person takes proceedings in the High Court which, by virtue of this section, he could have taken in the county court, he is not entitled to recover any costs.
 
      (4) The Lord Chancellor may make such rules and give such directions as he thinks fit for the purpose of giving effect to this section.
 
      (5) The rules and directions may provide-
 
 
    (a) for the exercise by a district judge of a county court of any jurisdiction exercisable under this section, and
 
    (b) for the conduct of proceedings in private.
      (6) The power to make rules is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
Meaning of "dwelling-house".     139. - (1) For the purposes of this Chapter a dwelling-house may be a house or a part of a house.
 
      (2) Land let together with a dwelling-house shall be treated for the purposes of this Chapter as part of the dwelling-house unless the land is agricultural land which would not be treated as part of a dwelling-house for the purposes of Part IV of the Housing Act 1985 (see section 112(2) of that Act).
 
Members of a person's family: Chapter I.     140. - (1) A person is a member of another's family within the meaning of this Chapter if-
 
 
    (a) he is the spouse of that person, or he and that person live together as husband and wife, 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 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.
Consequential amendments: introductory tenancies.     141. - (1) The enactments mentioned in Schedule 14 have effect with the amendments specified there which are consequential on the provisions of this Chapter.
 
      (2) The Secretary of State may by order make such other amendments or repeals of any enactment as appear to him necessary or expedient in consequence of the provisions of this Chapter.
 
      (3) Without prejudice to the generality of subsection (2), an order under that subsection may make such provision in relation to an enactment as the Secretary of State considers appropriate as regards its application (with or without modifications) or non-application in relation to introductory tenants or introductory tenancies.
 
Regulations and orders.     142. Any regulations or order under this Part-
 
 
    (a) may contain such incidental, supplementary or transitional provisions, or savings, as the Secretary of State thinks fit, and
 
    (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Index of defined expressions: introductory tenancies.     143. The following Table shows provisions defining or otherwise explaining provisions used in this Chapter (other than provisions defining or explaining an expression in the same section)-
 
 
 adopt (in relation to periodic tenancy) section 124(4)
assured tenancy and assured
shorthold tenancy
 section 230
dwelling-house section 139
housing action trust section 230
introductory tenancy and introductory
tenant
 section 124
local housing authority section 230
member of family section 140
registered social landlord section 2
secure tenancy and secure tenant section 230
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Prepared 22 December 1996