- a restricted case
means a case where the local housing authority would not be satisfied as mentioned in subsection (1) without having had regard to a restricted person.
- a restricted person
means a person—
- action
includes inaction, proposed action and decision;
- administration charge
has the meaning given by Part 1 of Schedule 11 to the Commonhold and Leasehold Reform Act 2002,
- applicant
means a person making such an application, • “assistance under this Part” means the benefit of any function under the following provisions of this Part relating to accommodation or assistance in obtaining accommodation, and • “eligible for assistance” means not excluded from such assistance by section 185 (persons from abroad not eligible for housing assistance) or section 186 (asylum seekers and their dependants).
- appropriate authority
means— (a) in relation to an Academy, a non-maintained special school, a special post-16 institution, an independent school or a provider of post-16 education or training, the proprietor;
- appropriate tribunal
means—
- approved lending institution
means—
- appurtenant property
means so much of any property not contained in relevant premises as constitutes property in relation to which any such management functions are discharged.
- assistance
means grant or other financial assistance of any kind;
- assistance under this Part
means the benefit of any function under the following provisions of this Part relating to accommodation or assistance in obtaining accommodation, and • “eligible for assistance” means not excluded from such assistance by section 185 (persons from abroad not eligible for housing assistance) or section 186 (asylum seekers and their dependants).
- block of flats
means a building containing two or more flats which are held on leases or other lettings and which are occupied or intended to be occupied wholly or mainly for residential purposes;
- care leavers
means persons who are former relevant children (within the meaning given by section 23C(1) of the Children Act 1989);
- charitable housing trust
means a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity within the meaning of the Charities Act 1993.”
- child
means a person under the age of 18;
- claim for asylum
means a claim made by a person that it would be contrary to the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention for him to be removed from, or required to leave, the United Kingdom.
- commencement date
means the day on which this section comes into force;
- committee
means the committee of management or other directing body of the society;
- common parts
includes the structure and exterior of the building and common facilities provided, whether in the building or elsewhere, for persons who include the occupiers of one or more parts of the building. 78B 1 This section applies where work is carried out by a local housing authority which has successfully bid for the work on a competitive basis. 2 The Secretary of State may give directions— a to secure that the amount debited to the Housing Revenue Account or any Housing Repairs Account of the authority in respect of the work reflects the amount of the authority’s successful bid for the work rather than expenditure actually incurred;
- company
means a company registered under the Companies Act 2006;
- contract-holder
has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 (see also section 48) of that Act);
- costs
includes overheads, and • “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling.
- Crown land
means land in which there is a Crown interest or a Duchy interest.
- dependant
means a person—
- disposal
means sale, lease, mortgage, charge or any other disposition, and includes the grant of an option;
- disposed of on shared ownership terms
means disposed of on a lease— (a) granted on a payment of a premium calculated by reference to a percentage of the value of the house or of the cost of providing it, or (b) under which the tenant (or his personal representatives) will or may be entitled to a sum calculated by reference directly or indirectly to the value of the house;
- domestic abuse
has the meaning given by section 1 of the Domestic Abuse Act 2021.
- 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;
- dwelling-house
has the meaning given by section 112 of the Housing Act 1985;
- eligible for assistance
means not excluded from such assistance by section 185 (persons from abroad not eligible for housing assistance) or section 186 (asylum seekers and their dependants).
- enactment
includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);
- 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.
- financial year
has the meaning given by section 390 of the Companies Act 2006;
- firm
has the meaning given by section 1173(1) of that Act;
- hospital
has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);
- hostel
means a building in which is provided for persons generally or for a class or classes of persons— (a) residential accommodation otherwise than in separate and self-contained premises, and (b) either board or facilities for the preparation of food adequate to the needs of those persons, or both;
- house
includes— (a) any part of a building occupied or intended to be occupied as a separate dwelling, and (b) any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
- housing accommodation
includes flats, lodging-houses and hostels;
- housing action trust
has the same meaning as in the Housing Act 1988;
- 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;
- housing association
has the same meaning as in the Housing Associations Act 1985;
- Housing Repairs Account
means an account kept under section 77 of the Local Government and Housing Act 1989;
- Housing Revenue Account
means the account kept under section 74 of the Local Government and Housing Act 1989, and— (a) references to property within that account have the same meaning as in Part VI of that Act, and (b) “Housing Revenue Account rebate” means a rebate debited to that account in accordance with that Part;
- Housing Revenue Account rebate
means a rebate debited to that account in accordance with that Part;
- individual accounts
has the meaning given by section 394 of that Act;
- information
includes accounts, estimates and returns;
- inspector
means—
- introductory standard contract
has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 16 of that Act);
- introductory tenancy
has the same meaning as in Chapter I of Part V of the Housing Act 1996.”
- letting
includes the grant of a licence to occupy;
- local authority
has the same meaning as in the Housing Associations Act 1985;
- local housing authority
has the same meaning as in the Housing Act 1985;
- long lease
has the meaning given by section 59(3) of the Landlord and Tenant Act 1987).
- 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;
- negative resolution
means a resolution of either House of Parliament not to approve the draft of the code, and
- notice
means notice in writing;
- other relevant person
means a person other than the landlord who is or, in relation to a future service charge, will be—
- parental responsibility
has the meaning given by section 3 of the Children Act 1989;
- prescribed
means prescribed by regulations of the Secretary of State.
- private landlord
means a landlord who is not within section 80(1) of the Housing Act 1985 (c. 68) (the landlord condition for secure tenancies);
- proprietor
means the person or body of persons responsible for the management of the school or institution;
- provides social housing
has the same meaning as in Part 1 of the Housing and Regeneration Act 2008.
- public authority
means a person (other than a local housing authority) who has functions of a public nature.
- 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);
- publicly-funded dwelling
means a dwelling which was—
- purchaser
means the person acquiring the interest disposed of by the first disposal.
- qualified auditor
means a person who—
- qualifying accommodation
means a dwelling-house made available to the person concerned as tenant or licensee by any of the following—
- registered charity
means a charity which is registered in accordance with section 30 of that Act.
- registered social landlord
has the same meaning as in Part I of this Act;
- registrar of companies
has the same meaning as in the Companies Acts (see section 1060 of the Companies Act 2006);
- regular armed forces
means the regular forces as defined by section 374 of the Armed Forces Act 2006;
- regulatory or enforcement power
means a power exercisable under any of the following provisions— • section 35, • section 37, • section 38, • Chapter 4A of this Part, • paragraphs 4 and 6 to 15H of Part 2 of Schedule 1, • Part 3A of Schedule 1, • Part 4 of Schedule 1.
- relevant assured tenancy
means— and for these purposes “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.
- relevant authority
means a local housing authority or a social services authority;
- relevant benefit
means housing benefit or council tax benefit, as the case may be. 7 Nothing in this section shall be taken to imply that any such addition or deduction as is mentioned in subsection (2) or (4) above may not be determined by reference to— a the amount of relevant benefit paid by the authority during a previous year;
- relevant body
means—
- relevant educational institution
means— (a) an Academy (as defined by section 579(1) of the Education Act 1996) other than a secure 16-19 Academy (within the meaning of section 1B(7) of the Academies Act 2010);
- relevant housing authority or body
means—
- relevant notice period
means— (a) where the landlord has specified in the notice of proceedings an ASB reason for applying for a possession order (whether or not the landlord has any other reason), four weeks, (aa) where paragraph (a) does not apply and the landlord has specified in the notice of proceedings a reason for applying for a possession order which corresponds to Ground 5 of Schedule 2 to the Housing Act 1985 (whether or not the landlord has any other reason), four weeks (b) where paragraphs (a) and (aa) do not apply and the landlord has specified in the notice of proceedings only a reason for applying for a possession order which corresponds to Ground 1 of Schedule 2 to the Housing Act 1985 and at the time the notice is served — (a) at least four months’ rent is unpaid, four weeks, (b) less than four months’ rent is unpaid, and the notice is served on or after 1 August 2021, two months, and (c) in any other case, four months;
- relevant premises
means so much of— (i) the building or buildings containing the dwellings let to members of the tenants’ association, and (ii) any other building or buildings, as constitute premises in relation to which management functions are discharged in respect of the costs of which service charges are payable by members of the association;
- relevant warning
means a notice—
- reporting accountant
means a person appointed as mentioned in paragraph 16(7)(b).
- representations
means representations in writing;
- residential accommodation
means accommodation of any description (including, but not limited to, a dwelling or residential accommodation in a hostel) that is occupied by one or more persons as a permanent or temporary place of residence (whether or not it is also occupied by any person for any other purpose).
- rights of occupation
has the same meaning as in the Matrimonial Homes Act 1983.”
- secure contract
has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 8 of that Act);
- 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;
- security
means any mortgage, charge or other security.
- service charge
means a service charge within the meaning of section 18(1) of the Landlord and Tenant Act 1985, other than one excluded from that section by section 27 of that Act (rent of dwelling registered and not entered as variable).
- social housing
has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.
- social landlord
means—
- social services authority
means— (a) in relation to England a local authority for the purposes of the Local Authority Social Services Act 1970, as defined in section 1 of that Act.
- specified public authority
means a public authority specified, or of a description specified, in regulations made by the Secretary of State.
- standard contract
has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 8 of that Act).
- statutory provision
means any provision made by or under an Act.
- statutory tenancy
has the same meaning as in the Housing Act 1985.
- 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.
- the 1993 Act
means the Leasehold Reform, Housing and Urban Development Act 1993.
- the 40-day period
means the period of 40 days beginning with the day on which the draft of the code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid).
- the appropriate time
means—
- the freeholder
means, in relation to the conveyance of a freehold interest, the person whose interest is to be conveyed;”
- the housing department
means those persons responsible for the exercise of their housing functions;
- the housing ombudsman
means the housing ombudsman appointed in accordance with the scheme.
- the nominated person
means the person or persons for the time being nominated by the requisite majority of the qualifying tenants of the constituent flats for the purposes of section 6, 12A, 12B or 12C, as the case may require;”
- the original expiry date
means the last day of the period of one year that would apply as the trial period apart from this section.
- the prescribed conditions
means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made.
- the protected period
has the meaning given by section 6(4);”
- the relevant date
means the date of the commencement of the tenancy or, if the property did not have a rateable value, or had a rateable value of nil, on that date, the date on which it first had a rateable value other than nil;”
- the relevant premises
means, in relation to the conveyance of any interest, the premises in which the interest subsists;
- the requisite majority of qualifying tenants of the constituent flats
means qualifying tenants of constituent flats with more than 50 per cent. of the available votes. 2 The total number of available votes shall be determined as follows— a where an offer notice has been served under section 5, that number is equal to the total number of constituent flats let to qualifying tenants on the date when the period specified in that notice as the period for accepting the offer expires;
- the social services department
means those persons responsible for the exercise of their social services functions under Part 3 of the Children Act 1989 or Part 6 of the Social Services and Well-being (Wales) Act 2014.
- trustee
means a charitable trustee within the meaning of that Act, and
- violence
means—
- voluntary organisation
means a body (other than a public or local authority) whose activities are not carried on for profit.
- Welsh body
means a body which is—
- year
means a financial year within the meaning of the Local Government Finance Act 1992.”
- youth detention accommodation
means— (a) a secure children's home, (b) a secure training centre, (c) a secure college, (d) a young offender institution, (e) accommodation provided by or on behalf of a local authority for the purpose of restricting the liberty of children;