Contents
Part 6 · Other provisions about housing
Chapter 1 · Secure tenancies
Introductory tenancies
179Extension of introductory tenancies#
(1)Part 5 of the Housing Act 1996 (c. 52) (conduct of tenants) is amended as follows.
(2)In section 125(2) (trial period for introductory tenancy to be one year) for “subject as follows” substitute “ but this is subject to subsections (3) and (4) and to section 125A (extension of trial period by 6 months). ”
(3)After section 125 insert—“125A 1 If both of the following conditions are met in relation to an introductory tenancy, the trial period is extended by 6 months.2 The first condition is that the landlord has served a notice of extension on the tenant at least 8 weeks before the original expiry date.3 The second condition is that either—a the tenant has not requested a review under section 125B in accordance with subsection (1) of that section, orb if he has, the decision on the review was to confirm the landlord’s decision to extend the trial period.4 A notice of extension is a notice—a stating that the landlord has decided that the period for which the tenancy is to be an introductory tenancy should be extended by 6 months, andb complying with subsection (5).5 A notice of extension must—a set out the reasons for the landlord’s decision, andb inform the tenant of his right to request a review of the landlord’s decision and of the time within which such a request must be made.6 In this section and section 125B “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.125B 1 A request for review of the landlord’s decision that the trial period for an introductory tenancy should be extended under section 125A must be made before the end of the period of 14 days beginning with the day on which the notice of extension is served.2 On a request being duly made to it, the landlord shall review its decision.3 The Secretary of State may make provision by regulations as to the procedure to be followed in connection with a review under this section.Nothing in the following provisions affects the generality of this power.4 Provision may be made by regulations—a requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, andb as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom he may be represented at such a hearing.5 The landlord shall notify the tenant of the decision on the review.If the decision is to confirm the original decision, the landlord shall also notify him of the reasons for the decision.6 The review shall be carried out and the tenant notified before the original expiry date.”
Right to buy: discounts
185Repayment of discount: periods and amounts applicable#
(1)Section 155 of the Housing Act 1985 (repayment of discount on early disposal) is amended in accordance with subsections (2) and (3).
(2)For subsections (2) and (3) substitute—“2 In the case of a conveyance or grant in pursuance of the right to buy, the covenant shall be to pay the landlord such sum (if any) as the landlord may demand in accordance with section 155A on the occasion of the first relevant disposal (other than an exempted disposal) which takes place within the period of five years beginning with the conveyance or grant.3 In the case of a conveyance or grant in pursuance of the right to acquire on rent to mortgage terms, the covenant shall be to pay the landlord such sum (if any) as the landlord may demand in accordance with section 155B on the occasion of the first relevant disposal (other than an exempted disposal) which takes place within the period of five years beginning with the making of the initial payment.”
(3)In subsection (3A) (modifications where tenant has served operative notice of delay) for “three years” substitute “ five years ”.
(4)After section 155 insert—“155A 1 For the purposes of the covenant mentioned in section 155(2), the landlord may demand such sum as he considers appropriate, up to and including the maximum amount specified in this section.2 The maximum amount which may be demanded by the landlord is a percentage of the price or premium paid for the first relevant disposal which is equal to the discount to which the secure tenant was entitled, where the discount is expressed as a percentage of the value which under section 127 was taken as the value of the dwelling-house at the relevant time.3 But for each complete year which has elapsed after the conveyance or grant and before the disposal the maximum amount which may be demanded by the landlord is reduced by one-fifth.4 This section is subject to section 155C.155B 1 For the purposes of the covenant mentioned in section 155(3), the landlord may demand such sum as he considers appropriate, up to and including the maximum amount specified in this section.2 The maximum amount which may be demanded by the landlord is the discount (if any) to which the tenant was entitled on the making of—a the initial payment,b any interim payment made before the disposal, orc the final payment if so made,reduced, in each case, by one-fifth for each complete year which has elapsed after the making of the initial payment and before the disposal.”
(5)The amendments made by this section do not apply in any case where the tenant’s notice under section 122 of the Act (notice claiming to exercise right to buy) was served before the day on which this section comes into force.
(6)Subsection (7), however, applies in any such case if the first relevant disposal to which the covenant for repayment of discount applies takes place on or after the day on which this section comes into force.
(7)In the following provisions—
(a)section 155(2) and (3) of the Housing Act 1985 (c. 68) (as it has effect without the amendments made by this section), and
any reference (however expressed) to a person being liable to pay an amount to the landlord on demand is to be read as a reference to his being liable to pay to the landlord so much of that amount (if any) as the landlord may demand.
(8)In subsections (6) and (7) “covenant for repayment of discount” means the covenant contained in a conveyance or grant in accordance with section 155 of that Act.
186Repayment of discount: increase attributable to home improvements to be disregarded#
(1)After section 155B of the Housing Act 1985 (c. 68) (inserted by section 185 of this Act) insert—“155C 1 In calculating the maximum amount which may be demanded by the landlord under section 155A, such amount (if any) of the price or premium paid for the disposal which is attributable to improvements made to the dwelling-house—a by the person by whom the disposal is, or is to be, made, andb after the conveyance or grant and before the disposal,shall be disregarded.2 The amount to be disregarded under this section shall be such amount as may be agreed between the parties or determined by the district valuer.3 The district valuer shall not be required by virtue of this section to make a determination for the purposes of this section unless—a it is reasonably practicable for him to do so; andb his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made.4 If the district valuer does not make a determination for the purposes of this section (and in default of an agreement), no amount is required to be disregarded under this section.”
(2)In section 181 of that Act (jurisdiction of county court) for “and 158” substitute “ , 155C and 158 ”.
187Deferred resale agreements#
(1)After section 163 of the Housing Act 1985 insert—“163A 1 If a secure tenant or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 155 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.2 In subsection (1) “the appropriate time” means—a the time when the agreement is entered into, orb if it was made before the beginning of the discount repayment period, immediately after the beginning of that period.3 An agreement is within this subsection if it is an agreement between the secure tenant or his successor in title and any other person—a which is made (expressly or impliedly) in contemplation of, or in connection with, the tenant exercising, or having exercised, the right to buy,b which is made before the end of the discount repayment period, andc under which a relevant disposal (other than an exempted disposal) is or may be required to be made to any person after the end of that period.4 Such an agreement is within subsection (3)—a whether or not the date on which the disposal is to take place is specified in the agreement, andb whether or not any requirement to make the disposal is or may be made subject to the fulfilment of any condition.5 The Secretary of State may by order provide—a for subsection (1) to apply to agreements of any description specified in the order in addition to those within subsection (3);b for subsection (1) not to apply to agreements of any description so specified to which it would otherwise apply.6 An order under subsection (5)—a may make different provision with respect to different cases or descriptions of case; andb shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.7 In this section—• “agreement” includes arrangement;• “the discount repayment period” means the period of three or five years that applies for the purposes of section 155(2) or (3) (depending on whether the tenant’s notice under section 122 was given before or on or after the date of the coming into force of section 185 of the Housing Act 2004).”
(2)The amendment made by this section does not apply in relation to any agreement or arrangement made before the day on which this section comes into force.
Right to buy: information
189sInformation to help tenants decide whether to exercise right to buy etc.#
(1)After section 121 of the Housing Act 1985 (c. 68) insert—“121AA 1 Every body which lets dwelling-houses under secure tenancies shall prepare a document that contains information for its secure tenants about such matters as are specified in an order made by the Secretary of State.2 The matters that may be so specified are matters which the Secretary of State considers that it would be desirable for secure tenants to have information about when considering whether to exercise the right to buy or the right to acquire on rent to mortgage terms.3 The information contained in the document shall be restricted to information about the specified matters, and the information about those matters—a shall be such as the body concerned considers appropriate, butb shall be in a form which the body considers best suited to explaining those matters in simple terms.4 Once a body has prepared the document required by subsection (1), it shall revise it as often as it considers necessary in order to ensure that the information contained in it—a is kept up to date so far as is reasonably practicable, andb reflects any changes in the matters for the time being specified in an order under this section.5 An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.121B 1 This section sets out when the document prepared by a body under section 121AA is to be published or otherwise made available.2 The body shall—a publish the document (whether in its original or a revised form), andb supply copies of it to the body’s secure tenants,at such times as may be prescribed by, and otherwise in accordance with, an order made by the Secretary of State.3 The body shall make copies of the current version of the document available to be supplied, free of charge, to persons requesting them.4 The copies must be made available for that purpose—a at the body’s principal offices, andb at such other places as it considers appropriate,at reasonable hours.5 The body shall take such steps as it considers appropriate to bring to the attention of its secure tenants the fact that copies of the current version of the document can be obtained free of charge from the places where, and at the times when, they are made available in accordance with subsection (4).6 In this section any reference to the current version of the document is to the version of the document that was last published by the body in accordance with subsection (2)(a).7 An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(2)In section 104(1) of that Act (provision of information about tenancies), in paragraph (b) (information about Part 4 and Part 5), omit“and Part V (the right to buy)”.
Right to buy: landlord’s right of first refusal
188Right of first refusal for landlord etc.#
(1)After section 156 of the Housing Act 1985 (c. 68) insert—“156A 1 A conveyance of the freehold or grant of a lease in pursuance of this Part shall contain the following covenant, which shall be binding on the secure tenant and his successors in title.This is subject to subsection (8).2 The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance or grant, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal.3 In subsection (2) “the prescribed conditions” means such conditions as are prescribed by regulations under this section at the time when the conveyance or grant is made.4 The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on—a a landlord who has conveyed a freehold or granted a lease to a person (“the former tenant”) in pursuance of this Part, orb such other person as is determined in accordance with the regulations,a right of first refusal to have a disposal within subsection (5) made to him for such consideration as is mentioned in section 158.5 The disposals within this subsection are—a a reconveyance or conveyance of the dwelling-house; andb a surrender or assignment of the lease.6 Regulations under this section may, in particular, make provision—a for the former tenant to offer to make such a disposal to such person or persons as may be prescribed;b for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted;c for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer;d for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the former tenant and any other prescribed person;e for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person;f for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken;g for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the former tenant is able to make a disposal on the open market;h for the manner in which any offer, acceptance or notification is to be communicated.7 In subsection (6) any reference to the former tenant is a reference to the former tenant or his successor in title.Nothing in that subsection affects the generality of subsection (4).8 In a case to which section 157(1) applies—a the conveyance or grant may contain a covenant such as is mentioned in subsections (1) and (2) above instead of a covenant such as is mentioned in section 157(1), butb it may do so only if the Secretary of State or, where the conveyance or grant is executed by a housing association within section 6A(3) or (4), the Relevant Authority consents.9 Consent may be given in relation to—a a particular disposal, orb disposals by a particular landlord or disposals by landlords generally,and may, in any case, be given subject to conditions.10 Regulations under this section—a may make different provision with respect to different cases or descriptions of case; andb shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.11 The limitation imposed by a covenant within subsection (2) (whether the covenant is imposed in pursuance of subsection (1) or (8)) is a local land charge.12 The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.”
(2)In section 157 of that Act (restriction on disposal of dwelling-houses in National Parks etc.)—
(a)in subsection (1), after “the conveyance or grant may” insert “ (subject to section 156A(8) ”;
(b)in subsection (2), omit “, subject to subsection (4),”; and
(c)omit subsections (4) and (5) (which provide for a landlord’s right of first refusal).
(3)In section 158 of that Act (consideration for conveyance or surrender under section 157)—
(a)in the sidenote, for “reconveyance or surrender under section 157” substitute “ disposal under section 156A ”;
(b)for subsection (1) substitute—“1 The consideration for such a disposal as is mentioned in section 156A(4) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the dwelling-house at the time when the offer is made (as determined in accordance with regulations under that section).”
(c)in subsection (2), for “or surrendered” substitute “ , conveyed, surrendered or assigned ”;
(d)in subsection (3), for “the landlord accepts the offer,” substitute “ the offer is accepted in accordance with regulations under section 156A, ”; and
(e)in subsection (4), for “to reconvey or surrender” substitute “ (as determined in accordance with regulations under section 156A). ”
(4)In section 162 of that Act (exempted disposals which end liability under covenants), after paragraph (a) insert—“aa the covenant required by section 156A (right of first refusal for landlord etc.) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant ceases to apply in relation to the property disposed of, and”
(5)The amendments made by this section do not apply in relation to a conveyance of the freehold or grant of a lease in pursuance of Part 5 of that Act if the notice under section 122 of the Act (tenant’s notice claiming to exercise right to buy) was served before the day on which this section comes into force.
(6)Accordingly, nothing in this section affects—
(a)the operation of a limitation contained in such a conveyance or grant in accordance with section 157(4) of that Act, or
(b)the operation, in relation to such a limitation, of section 157(6) (so far as it renders a disposal in breach of covenant void) or section 158 (consideration payable) of that Act.
Right to buy: when exercisable
180Extension of qualifying period for right to buy#
(1)In section 119(1) of the Housing Act 1985 (c. 68) (qualifying period for right to buy) for “two” substitute “ five ”.
(2)In subsection (2)(a) of section 129 of that Act (discount)—
(a)for “two” substitute “ five ”; and
(b)for “32 per cent” substitute “ 35 per cent ”.
(3)In subsection (2)(b) of that section—
(a)for “two”, where it appears for the second time, substitute “ five ”; and
(b)for “44 per cent” substitute “ 50 per cent ”.
(4)In subsection (2A)(b) of that section for “two” substitute “ five ”.
(5)The amendments made by this section do not apply in relation to a secure tenancy—
(b)if paragraph (a) does not apply but the tenant is a public sector tenant on that day and does not cease to be such a tenant at any time before serving a notice in respect of the tenancy under section 122 of that Act.
(6)In subsection (5) “public sector tenant” has the same meaning as in Schedule 4 to that Act.
181Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies#
(2)In sub-paragraph (4) (questions arising under paragraph 11 to be determined by the Secretary of State), for “the Secretary of State” (in both places) substitute “ the appropriate tribunal or authority ”.
(3)After sub-paragraph (5) insert—“5A In this paragraph “the appropriate tribunal or authority” means—a in relation to England, a residential property tribunal; andb in relation to Wales, the Secretary of State.5B Section 231 of the Housing Act 2004 (appeals to Upper Tribunal) does not apply to any decision of a residential property tribunal under this paragraph.”
(4)Subsections (5) and (6) apply to any application under paragraph 11(4) in respect of a dwelling-house in England which—
(a)has been made to the Secretary of State before the day on which this section comes into force, and
(b)has not been determined by him before that day.
(5)If the application was made more than 28 days before that day, it is to be determined by the Secretary of State as if the amendments made by this section had not come into force.
(6)Otherwise—
(a)the application is to be determined by the appropriate tribunal, and
(b)the Secretary of State must make all such arrangements as he considers necessary for the purpose of, or in connection with, enabling it to be so determined.
182Exceptions to the right to buy: houses due to be demolished#
(1)In Schedule 5 to the Housing Act 1985 (c. 68) (exceptions to the right to buy) after paragraph 12 insert—“13 1 The right to buy does not arise if a final demolition notice is in force in respect of the dwelling-house.2 A “final demolition notice” is a notice—a stating that the landlord intends to demolish the dwelling-house or (as the case may be) the building containing it (“the relevant premises”),b setting out the reasons why the landlord intends to demolish the relevant premises,c specifying—i the date by which he intends to demolish those premises (“the proposed demolition date”), andii the date when the notice will cease to be in force (unless extended under paragraph 15),d stating that one of conditions A to C in paragraph 14 is satisfied in relation to the notice (specifying the condition concerned), ande stating that the right to buy does not arise in respect of the dwelling-house while the notice is in force.3 If, at the time when the notice is served, there is an existing claim to exercise the right to buy in respect of the dwelling-house, the notice shall (instead of complying with sub-paragraph (2)(e)) state—a that that claim ceases to be effective on the notice coming into force, butb that section 138C confers a right to compensation in respect of certain expenditure,and the notice shall also give details of that right to compensation and of how it may be exercised.4 The proposed demolition date must fall within the period of 24 months beginning with the date of service of the notice on the tenant.5 For the purposes of this paragraph a final demolition notice is in force in respect of the dwelling-house concerned during the period of 24 months mentioned in sub-paragraph (4), but this is subject to—a compliance with the conditions in sub-paragraphs (6) and (7) (in a case to which they apply), andb the provisions of paragraph 15(1) to (7).6 If—a the dwelling-house is contained in a building which contains one or more other dwelling-houses, andb the landlord intends to demolish the whole of the building,the landlord must have served a final demolition notice on the occupier of each of the dwelling-houses contained in it (whether addressed to him by name or just as “the occupier”).An accidental omission to serve a final demolition notice on one or more occupiers does not prevent the condition in this sub-paragraph from being satisfied.7 A notice stating that the landlord intends to demolish the relevant premises must have appeared—a in a local or other newspaper circulating in the locality in which those premises are situated (other than one published by the landlord), andb in any newspaper published by the landlord, andc on the landlord’s website (if he has one).8 The notice mentioned in sub-paragraph (7) must contain the following information—a sufficient information to enable identification of the premises that the landlord intends to demolish;b the reasons why the landlord intends to demolish those premises;c the proposed demolition date;d the date when any final demolition notice or notices relating to those premises will cease to be in force, unless extended or revoked under paragraph 15;e that the right to buy will not arise in respect of those premises or (as the case may be) in respect of any dwelling-house contained in them;f that there may be a right to compensation under section 138C in respect of certain expenditure incurred in respect of any existing claim.9 In this paragraph and paragraphs 14 and 15 any reference to the landlord, in the context of a reference to an intention or decision on his part to demolish or not to demolish any premises, or of a reference to the acquisition or transfer of any premises, includes a reference to a superior landlord.14 1 A final demolition notice may only be served for the purposes of paragraph 13 if one of conditions A to C is satisfied in relation to the notice.2 Condition A is that the proposed demolition of the dwelling-house does not form part of a scheme involving the demolition of other premises.3 Condition B is that—a the proposed demolition of the dwelling-house does form part of a scheme involving the demolition of other premises, butb none of those other premises needs to be acquired by the landlord in order for the landlord to be able to demolish them.4 Condition C is that—a the proposed demolition of the dwelling-house does form part of a scheme involving the demolition of other premises, andb one or more of those premises need to be acquired by the landlord in order for the landlord to be able to demolish them, butc in each case arrangements for their acquisition are in place.5 For the purposes of sub-paragraph (4) arrangements for the acquisition of any premises are in place if—a an agreement under which the landlord is entitled to acquire the premises is in force, orb a notice to treat has been given in respect of the premises under section 5 of the Compulsory Purchase Act 1965, orc a vesting declaration has been made in respect of the premises under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981.6 In this paragraph—• “premises” means premises of any description;• “scheme” includes arrangements of any description.15 1 The Secretary of State may, on an application by the landlord, give a direction extending or further extending the period during which a final demolition notice is in force in respect of a dwelling-house.2 A direction under sub-paragraph (1) may provide that any extension of that period is not to have effect unless the landlord complies with such requirements relating to the service of further notices as are specified in the direction.3 A direction under sub-paragraph (1) may only be given at a time when the demolition notice is in force (whether by virtue of paragraph 13 or this paragraph).4 If, while a final demolition notice is in force, the landlord decides not to demolish the dwelling-house in question, he must, as soon as is reasonably practicable, serve a notice (“a revocation notice”) on the tenant which informs him—a of the landlord’s decision, andb that the demolition notice is revoked as from the date of service of the revocation notice.5 If, while a final demolition notice is in force, it appears to the Secretary of State that the landlord has no intention of demolishing the dwelling-house in question, he may serve a notice (“a revocation notice”) on the tenant which informs him—a of the Secretary of State’s conclusion, andb that the demolition notice is revoked as from the date of service of the revocation notice.Section 169 applies in relation to the Secretary of State’s power under this sub-paragraph as it applies in relation to his powers under the provisions mentioned in subsection (1) of that section.6 But the Secretary of State may not serve a revocation notice unless he has previously served a notice on the landlord which informs him of the Secretary of State’s intention to serve the revocation notice.7 Where a revocation notice is served under sub-paragraph (4) or (5), the demolition notice ceases to be in force as from the date of service of the revocation notice.8 Once a final demolition notice has (for any reason) ceased to be in force in respect of a dwelling-house without it being demolished, no further final demolition notice may be served in respect of it during the period of 5 years following the time when the notice ceases to be in force, unless—a it is served with the consent of the Secretary of State, andb it states that it is so served.9 The Secretary of State’s consent under sub-paragraph (8) may be given subject to compliance with such conditions as he may specify.16 1 Any notice under paragraph 13 or 15 may be served on a person—a by delivering it to him, by leaving it at his proper address or by sending it by post to him at that address, orb if the person is a body corporate, by serving it in accordance with paragraph (a) on the secretary of the body.2 For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents by post) the proper address of a person on whom a notice is to be served shall be—a in the case of a body corporate or its secretary, that of the registered or principal office of the body, andb in any other case, the last known address of that person.”
(2)The amendment made by this section does not apply in any case where the tenant’s notice under section 122 of that Act (notice claiming to exercise right to buy) was served before the day on which this section comes into force.
183Right to buy: claim suspended or terminated by demolition notice#
(1)In section 138 of the Housing Act 1985 (c. 68) (duty of landlord to convey freehold or grant lease), after the subsection (2D) inserted by section 193 of this Act, insert—“2E Subsection (1) also has effect subject to—a section 138A(2) (operation of subsection (1) suspended while initial demolition notice is in force), andb section 138B(2) (subsection (1) disapplied where final demolition notice is served).”
(2)After section 138 of that Act insert—“138A 1 This section applies where—a an initial demolition notice is served on a secure tenant under Schedule 5A, andb the notice is served on the tenant before the landlord has made to him such a grant as is required by section 138(1) in respect of a claim by the tenant to exercise the right to buy.2 In such a case the landlord is not bound to comply with section 138(1), in connection with any such claim by the tenant, so long as the initial demolition notice remains in force under Schedule 5A.3 Section 138C provides a right to compensation in certain cases where this section applies.138B 1 This section applies where—a a secure tenant has claimed to exercise the right to buy, butb before the landlord has made to the tenant such a grant as is required by section 138(1) in respect of the claim, a final demolition notice is served on the tenant under paragraph 13 of Schedule 5.2 In such a case—a the tenant’s claim ceases to be effective as from the time when the final demolition notice comes into force under that paragraph, andb section 138(1) accordingly does not apply to the landlord, in connection with the tenant’s claim, at any time after the notice comes into force.3 Section 138C provides a right to compensation in certain cases where this section applies.138C 1 This section applies where—a a secure tenant has claimed to exercise the right to buy,b before the landlord has made to the tenant such a grant as is required by section 138(1) in respect of the claim, either an initial demolition notice is served on the tenant under Schedule 5A or a final demolition notice is served on him under paragraph 13 of Schedule 5, andc the tenant’s claim is established before that notice comes into force under Schedule 5A or paragraph 13 of Schedule 5 (as the case may be).2 If, within the period of three months beginning with the date when the notice comes into force (“the operative date”), the tenant serves on the landlord a written notice claiming an amount of compensation under subsection (3), the landlord shall pay that amount to the tenant.3 Compensation under this subsection is compensation in respect of expenditure reasonably incurred by the tenant before the operative date in respect of legal and other fees, and other professional costs and expenses, payable in connection with the exercise by him of the right to buy.4 A notice under subsection (2) must be accompanied by receipts or other documents showing that the tenant incurred the expenditure in question.”
(3)After Schedule 5 to the Act insert, as Schedule 5A, the Schedule set out in Schedule 9 to this Act.
(4)The amendments made by this section do not apply in any case where the tenant’s notice under section 122 of the Act (notice claim to exercise right to buy) was served before the day on which this section comes into force.
184Landlord’s notice to complete#
(1)Section 140 of the Housing Act 1985 (c. 68) (landlord’s first notice to complete) is amended as follows.
(2)In subsection (3) (notice not to be served earlier than twelve months after landlord’s notice under section 125 or 146) for “twelve” substitute “ three ”.
(3)The amendment made by this section does not apply in any case where the tenant’s notice under section 122 of that Act (notice claiming right to buy) was served before the day on which this section comes into force.
Chapter 2 · Disposals attracting discounts other than under right to buy
Disposals by housing action trusts
203Repayment of discount: periods and amounts payable#
(1)Schedule 11 to the Housing Act 1988 (c. 50) (provisions applicable to certain disposals of houses) is amended as follows.
(2)In paragraph 1(2) for the words from “to pay to the housing action trust” to the end of the sub-paragraph substitute “ to the following effect. ”
(3)After paragraph 1(2) insert—“3 The covenant shall be to pay to the housing action trust such sum (if any) as the trust may demand in accordance with sub-paragraph (4) on the occasion of the first relevant disposal (other than an exempted disposal) which takes place within the period of five years beginning with the conveyance, grant or assignment.4 The trust may demand such sum as it considers appropriate, up to and including the maximum amount specified in this paragraph.5 The maximum amount which may be demanded by the trust is a percentage of the price or premium paid for the first relevant disposal which is equal to the percentage discount given to the purchaser in respect of the disposal of the house under section 79.6 But for each complete year which has elapsed after the conveyance, grant or assignment and before the first relevant disposal the maximum amount which may be demanded by the trust is reduced by one-fifth.7 Sub-paragraphs (4) to (6) are subject to paragraph 1A.1A 1 In calculating the maximum amount which may be demanded by the housing action trust under paragraph 1, such amount (if any) of the price or premium paid for the first relevant disposal which is attributable to improvements made to the house—a by the person by whom the disposal is, or is to be, made, andb after the conveyance, grant or assignment and before the disposal,shall be disregarded.2 The amount to be disregarded under this paragraph shall be such amount as may be agreed between the parties or determined by the district valuer.3 The district valuer shall not be required by virtue of this paragraph to make a determination for the purposes of this paragraph unless—a it is reasonably practicable for him to do so; andb his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made.4 If the district valuer does not make a determination for the purposes of this paragraph (and in default of an agreement), no amount is required to be disregarded under this paragraph.”
(4)The amendments made by this section do not apply in any case where—
before the day on which this section comes into force.
(5)Subsection (6), however, applies in any such case if the first relevant disposal by the purchaser to which the covenant for repayment of discount applies takes place on or after the day on which this section comes into force.
(6)In the following provisions—
(a)paragraph 1(2) of Schedule 11 to the Housing Act 1988 (c. 50) (as it has effect without the amendments made by this section), and
any reference (however expressed) to a person being liable to pay an amount to the housing action trust on demand is to be read as a reference to his being liable to pay to the trust so much of that amount (if any) as the trust may demand.
(7)In subsections (5) and (6) “covenant for repayment of discount” means the covenant contained in a conveyance, grant or assignment in accordance with paragraph 1 of Schedule 11 to that Act.
204Housing action trust’s right of first refusal#
(1)After paragraph 2 of Schedule 11 to the Housing Act 1988 insert—“2A 1 This paragraph applies where, on the disposal of a house under section 79 of this Act, a discount is given to the purchaser by the housing action trust in accordance with a consent given by the Secretary of State under subsection (1) of that section and that consent does not exclude the application of this paragraph.2 On the disposal, the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title.3 The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance, grant or assignment, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal.4 In sub-paragraph (3) “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.5 The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on—a a housing action trust which has made a disposal as mentioned in sub-paragraph (1), orb such other person as is determined in accordance with the regulations,a right of first refusal to have a disposal within sub-paragraph (6) made to him for such consideration as is mentioned in paragraph 2B.6 The disposals within this sub-paragraph are—a a reconveyance or conveyance of the house; andb a surrender or assignment of the lease.7 Regulations under this paragraph may, in particular, make provision—a for the purchaser to offer to make such a disposal to such person or persons as may be prescribed;b for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted;c for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer;d for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the purchaser and any other prescribed person;e for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person;f for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken;g for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the purchaser is able to make a disposal on the open market;h for the manner in which any offer, acceptance or notification is to be communicated.8 In sub-paragraph (7) any reference to the purchaser is a reference to the purchaser or his successor in title.Nothing in that sub-paragraph affects the generality of sub-paragraph (5).9 Regulations under this paragraph—a may make different provision with respect to different cases or descriptions of case; andb shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.10 The limitation imposed by a covenant within sub-paragraph (3) is a local land charge.11 The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.2B 1 The consideration for a disposal made in respect of a right of first refusal as mentioned in paragraph 2A(5) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the house at the time when the offer is made (as determined in accordance with regulations under that paragraph).2 That value shall be taken to be the price which, at that time, the interest to be reconveyed, conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under the covenant required by paragraph 1 (repayment of discount on early disposal) would be discharged by the vendor.3 If the offer is accepted in accordance with regulations under paragraph 2A, no payment shall be required in pursuance of any such covenant as is mentioned in sub-paragraph (2), but the consideration shall be reduced, subject to sub-paragraph (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant.4 Where there is a charge on the house having priority over the charge to secure payment of the sum due under the covenant mentioned in sub-paragraph (2), the consideration shall not be reduced under sub-paragraph (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer (as determined in accordance with regulations under paragraph 2A).”
(2)In paragraph 6 of Schedule 11 to that Act (exempted disposals ending obligation under covenants), at the end of paragraph (b) insert“and c the covenant required by paragraph 2A above is not binding on the person to whom the disposal is made or any successor in title of his; andd that covenant ceases to apply in relation to the property disposed of.”
(3)The amendments made by this section do not apply in relation to a disposal under section 79 of that Act if—
before the day on which this section comes into force.
205Deferred resale agreements#
(1)After paragraph 7 of Schedule 11 to the Housing Act 1988 (c. 50) insert—“8 1 If a purchaser or his successor in title enters into an agreement within sub-paragraph (3), any liability arising under the covenant required by paragraph 1 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.2 In sub-paragraph (1) “the appropriate time” means—a the time when the agreement is entered into, orb if it was made before the beginning of the discount repayment period, immediately after the beginning of that period.3 An agreement is within this sub-paragraph if it is an agreement between the purchaser or his successor in title and any other person—a which is made (expressly or impliedly) in contemplation of, or in connection with, a disposal to be made, or made, under section 79,b which is made before the end of the discount repayment period, andc under which a relevant disposal (other than an exempted disposal) is or may be required to be made to any person after the end of that period.4 Such an agreement is within sub-paragraph (3)—a whether or not the date on which the relevant disposal is to take place is specified in the agreement, andb whether or not any requirement to make that disposal is or may be made subject to the fulfilment of any condition.5 The Secretary of State may by order provide—a for sub-paragraph (1) to apply to agreements of any description specified in the order in addition to those within sub-paragraph (3);b for sub-paragraph (1) not to apply to agreements of any description so specified to which it would otherwise apply.6 An order under sub-paragraph (5)—a may make different provision with respect to different cases or descriptions of case; andb shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.7 In this paragraph—• “agreement” includes arrangement;• “the discount repayment period” means the period of 3 years that applies for the purposes of paragraph 1(2) or the period of five years that applies for the purposes of paragraph 1(3) (depending on whether an offer such as is mentioned in section 203(4) of the Housing Act 2004 was made before or on or after the coming into force of that section).”
(2)The amendment made by this section does not apply in relation to any agreement or arrangement made before the day on which this section comes into force.
Chapter 3 · Mobile Homes
Protection from eviction etc.
Site agreements
206Particulars of site agreements to be given in advance#
(1)For section 1 of the Mobile Homes Act 1983 (c. 34) (particulars of agreements between site owners and occupiers of mobile homes) substitute—“1 1 This Act applies to any agreement under which a person (“the occupier”) is entitled—a to station a mobile home on land forming part of a protected site; andb to occupy the mobile home as his only or main residence.2 Before making an agreement to which this Act applies, the owner of the protected site (“the owner”) shall give to the proposed occupier under the agreement a written statement which—a specifies the names and addresses of the parties;b includes particulars of the land on which the proposed occupier is to be entitled to station the mobile home that are sufficient to identify that land;c sets out the express terms to be contained in the agreement;d sets out the terms to be implied by section 2(1) below; ande complies with such other requirements as may be prescribed by regulations made by the appropriate national authority.3 The written statement required by subsection (2) above must be given—a not later than 28 days before the date on which any agreement for the sale of the mobile home to the proposed occupier is made, orb (if no such agreement is made before the making of the agreement to which this Act applies) not later than 28 days before the date on which the agreement to which this Act applies is made.4 But if the proposed occupier consents in writing to that statement being given to him by a date (“the chosen date”) which is less than 28 days before the date mentioned in subsection (3)(a) or (b) above, the statement must be given to him not later than the chosen date.5 If any express term—a is contained in an agreement to which this Act applies, butb was not set out in a written statement given to the proposed occupier in accordance with subsections (2) to (4) above,the term is unenforceable by the owner or any person within section 3(1) below.This is subject to any order made by the court under section 2(3) below.6 If the owner has failed to give the occupier a written statement in accordance with subsections (2) to (4) above, the occupier may, at any time after the making of the agreement, apply to the court for an order requiring the owner—a to give him a written statement which complies with paragraphs (a) to (e) of subsection (2) (read with any modifications necessary to reflect the fact that the agreement has been made), andb to do so not later than such date as is specified in the order.7 A statement required to be given to a person under this section may be either delivered to him personally or sent to him by post.8 Any reference in this section to the making of an agreement to which this Act applies includes a reference to any variation of an agreement by virtue of which the agreement becomes one to which this Act applies.9 Regulations under this section—a shall be made by statutory instrument;b if made by the Secretary of State, shall be subject to annulment in pursuance of a resolution of either House of Parliament; andc may make different provision with respect to different cases or descriptions of case, including different provision for different areas.”
(2)Section 2 of that Act (terms of agreements) is amended as follows—
(a)in subsection (2), for “within six months of the giving of the statement under section 1(2) above” substitute “ within the relevant period ”; and
(b)for subsection (3) substitute—“3 The court may, on the application of either party made within the relevant period, make an order—a varying or deleting any express term of the agreement;b in the case of any express term to which section 1(6) above applies, provide for the term to have full effect or to have such effect subject to any variation specified in the order.3A In subsections (2) and (3) above “the relevant period” means the period beginning with the date on which the agreement is made and ending—a six months after that date, orb where a written statement relating to the agreement is given to the occupier after that date (whether or not in compliance with an order under section 1(6) above), six months after the date on which the statement is given;and section 1(8) above applies for the purposes of this subsection as it applies for the purposes of section 1.”
(3)In section 5(1) of that Act (interpretation) insert at the appropriate place—““the appropriate national authority” means—a in relation to England, the Secretary of State, andb in relation to Wales, the National Assembly for Wales;”
(4)The amendments made by subsections (1) and (2) do not apply in relation to an agreement to which that Act applies where—
(a)the agreement, or
(b)(if it becomes one to which that Act applies as the result of any variation of it) the variation in question,
is made before the end of the period of 28 days beginning with the day on which those subsections come into force.
(5)The new section 1(9)(b) inserted by subsection (1) does not affect the continuing validity of any regulations made under section 1 of that Act before the passing of this Act.
207Implied terms relating to termination of agreements or disposal of mobile homes#
(1)Part 1 of Schedule 1 to the Mobile Homes Act 1983 (c. 34) (terms implied in site agreements) is amended as follows.
(2)In paragraph 6 (termination by owner on ground of detrimental effect resulting from age and condition of mobile home)—
(a)omit “age and”; and
(b)after sub-paragraph (2) insert—“3 Sub-paragraphs (4) and (5) below apply if, on an application under sub-paragraph (1) above—a the court considers that, having regard to the present condition of the mobile home, paragraph (a) or (b) of that sub-paragraph applies to it, butb it also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in neither of those paragraphs applying to it, andc the occupier indicates that he intends to carry out those repairs.4 In such a case the court may make an order adjourning proceedings on the application for such period specified in the order as the court considers reasonable to allow the repairs to be carried out.The repairs must be set out in the order.5 If the court makes such an order, the application shall not be further proceeded with unless the court is satisfied that the specified period has expired without the repairs having been carried out.”
(3)In paragraph 8 (sale of mobile home to person approved by owner)—
(a)after sub-paragraph (1) insert—“1A The occupier may serve on the owner a request for the owner to approve a person for the purposes of sub-paragraph (1) above.1B Where the owner receives such a request, he must, within the period of 28 days beginning with the date on which he received the request—a approve the person, unless it is reasonable for him not to do so, andb serve on the occupier notice of his decision whether or not to approve the person.1C A notice under sub-paragraph (1B) above must specify—a if the approval is given subject to conditions, the conditions, andb if the approval is withheld, the reasons for withholding it.1D The giving of approval subject to any condition that is not a reasonable condition does not satisfy the requirement in sub-paragraph (1B)(a) above.1E If the owner fails to notify the occupier as required by sub-paragraphs (1B) and (1C) above, the occupier may apply to the court for an order declaring that the person is approved for the purposes of sub-paragraph (1) above; and the court may make such an order if it thinks fit.1F It is for the owner—a if he served a notice as mentioned in sub-paragraphs (1B) and (1C) and the question arises whether he served the notice within the required period of 28 days, to show that he did;b if he gave his approval subject to any condition and the question arises whether the condition was a reasonable condition, to show that it was;c if he did not give his approval and the question arises whether it was reasonable for him not to do so, to show that it was reasonable.1G A request or notice under this paragraph—a must be in writing, andb may be served by post.”
(b)in sub-paragraph (2) for “the Secretary of State” substitute “ the appropriate national authority ”; and
(c)in sub-paragraph (3)(a) after “which” insert “ (if made by the Secretary of State) ”.
(4)After the existing provisions of paragraph 9 (gift of mobile home to person approved by owner), which become sub-paragraph (1), insert—“2 Sub-paragraphs (1A) to (1G) of paragraph 8 above shall apply in relation to the approval of a person for the purposes of sub-paragraph (1) above as they apply in relation to the approval of a person for the purposes of sub-paragraph (1) of that paragraph.”
(5)After Part 2 of Schedule 1 to the Mobile Homes Act 1983 (c. 34) insert—“1 1 This paragraph applies to—a a request by the occupier for the owner to approve a person for the purposes of paragraph 8(1) of Part 1 (see paragraph 8(1A)), orb a request by the occupier for the owner to approve a person for the purposes of paragraph 9(1) of Part 1 (see paragraph 8(1A) as applied by paragraph 9(2)).2 If a person (“the recipient”) receives such a request and he—a though not the owner, has an estate or interest in the protected site, andb believes that another person is the owner (and that the other person has not received such a request),the recipient owes a duty to the occupier to take such steps as are reasonable to secure that the other person receives the request within the period of 28 days beginning with the date on which the recipient receives it.3 In paragraph 8(1B) of Part 1 of this Schedule (as it applies to any request within sub-paragraph (1) above) any reference to the owner receiving such a request includes a reference to his receiving it in accordance with sub-paragraph (2) above.2 1 A claim that a person has broken the duty under paragraph 1(2) above may be made the subject of civil proceedings in like manner as any other claim in tort for breach of statutory duty.2 The right conferred by sub-paragraph (1) is in addition to any right to bring proceedings, in respect of a breach of any implied term having effect by virtue of paragraph 8 or 9 of Part 1 of this Schedule, against a person bound by that term.”
(6)The amendments made by this section apply in relation to an agreement to which the Mobile Homes Act 1983 applies that was made before the day on which this section comes into force (“the appointed day”), as well as in relation to one made on or after that day.
(7)However—
(a)the amendments made by subsection (2) do not apply in relation to any application made before the appointed day for the purposes of paragraph 6 of Part 1 of Schedule 1 to that Act; and
(b)the amendments made by subsections (3)(a), (4) and (5) do not apply in relation to any request for approval made before the appointed day for the purposes of paragraph 8(1) or (as the case may be) 9(1) of that Part of that Schedule.
208Power to amend terms implied in site agreements#
(1)After section 2 of the Mobile Homes Act 1983 (c. 34) insert—“2A 1 The appropriate national authority may by order make such amendments of Part 1 or 2 of Schedule 1 to this Act as the authority considers appropriate.2 An order under this section—a shall be made by statutory instrument;b may make different provision with respect to different cases or descriptions of case, including different provision for different areas;c may contain such incidental, supplementary, consequential, transitional or saving provisions as the authority making the order considers appropriate.3 Without prejudice to the generality of subsections (1) and (2), an order under this section may—a make provision for or in connection with the determination by the court of such questions, or the making by the court of such orders, as are specified in the order;b make such amendments of any provision of this Act as the authority making the order considers appropriate in consequence of any amendment made by the order in Part 1 or 2 of Schedule 1.4 The first order made under this section in relation to England or Wales respectively may provide for all or any of its provisions to apply in relation to agreements to which this Act applies that were made at any time before the day on which the order comes into force (as well as in relation to such agreements made on or after that day).5 No order may be made by the appropriate national authority under this section unless the authority has consulted—a such organisations as appear to it to be representative of interests substantially affected by the order; andb such other persons as it considers appropriate.6 No order may be made by the Secretary of State under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.”
(2)For the purposes of subsection (5) of the section 2A inserted by this section, consultation undertaken before the date of the passing of this Act constitutes as effective compliance with that subsection as if undertaken on or after that date.
Chapter 4 · Tenancy deposit schemes
212Tenancy deposit schemes#
(a)is made for the purpose of safeguarding tenancy deposits paid in connection with shortholdassured tenancies and facilitating the resolution of disputes arising in connection with such deposits, and
(b)complies with the requirements of Schedule 10.
(4)The Secretary of State may—
(a)give financial assistance to the scheme administrator;
(b)make payments to the scheme administrator (otherwise than as financial assistance) in pursuance of arrangements under subsection (1).
(5)The Secretary of State may, in such manner and on such terms as it thinks fit, guarantee the discharge of any financial obligation incurred by the scheme administrator in connection with arrangements under subsection (1).
(6)Arrangements under subsection (1) must require the scheme administrator to give the Secretary of State, in such manner and at such times as it may specify, such information and facilities for obtaining information as it may specify.
(6A)For further provision about what must be included in the arrangements, see section 212A.
(7)The Secretary of State may make regulations conferring or imposing—
(a)on scheme administrators, or
such powers or duties in connection with arrangements under subsection (1) as are so specified.
(8)In this Chapter—
(9)In this Chapter—
212AProvision of information to local authorities#
(1)Arrangements under section 212(1) made by the Secretary of State must require the scheme administrator—
(a)to give a local housing authority in England any specified information that they request, or
(b)to provide facilities for the sharing of specified information with a local housing authority in England.
(2)In subsection (1) “specified information” means information, of a description specified in the arrangements, that relates to a tenancy of premises in the local housing authority's area.
(3)Arrangements made by virtue of this section may make the requirement to provide information or facilities to a local housing authority conditional on the payment of a fee.
(4)Arrangements made by virtue of this section may include supplementary provision, for example about—
(a)the form or manner in which any information is to be provided,
(b)the time or times at which it is to be provided, and
(c)the notification of anyone to whom the information relates.
(5)Information obtained by a local housing authority by virtue of this section may be used only—
(a)for a purpose connected with the exercise of the authority's functions under any of Parts 1 to 4 in relation to any premises,
(aa)for a purpose connected with the exercise of the authority’s functions under or by virtue of Part 7 in relation to any qualifying residential premises within the meaning given by section 2B,
(ab)for a purpose connected with the authority’s functions under or by virtue of the following in relation to any premises—• sections 1 and 1A of the Protection from Eviction Act 1977,• Chapter 1 of Part 1 of the Housing Act 1988,• section 83(1) or 84(1) of the Enterprise and Regulatory Reform Act 2013,• sections 21 to 23, 41 and 133 to 135 of the Housing and Planning Act 2016,• Chapter 3 of Part 1 and Part 2 of the Renters’ Rights Act 2025,or
(b)for the purpose of investigating whether an offence has been committed under any provision mentioned in paragraphs (a) to (ab) in relation to premises or qualifying residential premises (as the case may be).
(6)Information obtained by a local housing authority by virtue of this section may be supplied to a person providing services to the authority for a purpose listed in subsection (5).
(7)The Secretary of State may by regulations amend the list of purposes in subsection (5).
213Requirements relating to tenancy deposits#
(5)A landlord who has received such a tenancy deposit must give the tenant and any relevant person such information relating to—
(b)compliance by the landlord with the initial requirements of the scheme in relation to the deposit, and
(c)the operation of provisions of this Chapter in relation to the deposit,
as may be prescribed.
(6)The information required by subsection (5) must be given to the tenant and any relevant person—
(a)in the prescribed form or in a form substantially to the same effect, and
(b)within the period of 30 days beginning with the date on which the deposit is received by the landlord.
(8)In subsection (7) “deposit” means a transfer of property intended to be held (by the landlord or otherwise) as security for—
(a)the performance of any obligations of the tenant, or
(b)the discharge of any liability of his,
arising under or in connection with the tenancy.
(9)The provisions of this section apply despite any agreement to the contrary.
(10)In this section—
214Proceedings relating to tenancy deposits#
(1)Where a tenancy deposit has been paid in connection with a shortholdan assured tenancy on or after 6 April 2007, the tenant or any relevant person (as defined by section 213(10)) may make an application to the county court on the grounds—
(a)that section 213(3) or (6) has not been complied with in relation to the deposit, or
(1A)Subsection (1) also applies in a case where the tenancy has ended, and in such a case the reference in subsection (1) to the tenant is to a person who was a tenant under the tenancy.
(1ZA)In relation to a tenancy that, immediately before the commencement date, was an assured shorthold tenancy, subsection (1) applies as if after “assured tenancy”, in the first place it occurs, there were inserted “on or after 6 April 2007”.
(1ZB)In subsection (1ZA)—• “assured shorthold tenancy” means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of the Housing Act 1988 as it had effect before the amendments made by the Renters’ Rights Act 2025;• “the commencement date” has the meaning given by section 146(3) of the Renters’ Rights Act 2025.
(2)Subsections (3) and (4) apply in the case of an application under subsection (1) if the tenancy has not ended and the court—
(a)is satisfied that section 213(3) or (6) has not been complied with in relation to the deposit, or
(b)is not satisfied that the deposit is being held in accordance with an authorised scheme,
as the case may be.
(2A)Subsections (3A) and (4) apply in the case of an application under subsection (1) if the tenancy has ended (whether before or after the making of the application) and the court—
(a)is satisfied that section 213(3) or (6) has not been complied with in relation to the deposit, or
(b)is not satisfied that the deposit is being held in accordance with an authorised scheme,
as the case may be.
(3)The court must, as it thinks fit, either—
(a)order the person who appears to the court to be holding the deposit to repay it to the applicant, or
within the period of 14 days beginning with the date of the making of the order.
(3A)The court may order the person who appears to the court to be holding the deposit to repay all or part of it to the applicant within the period of 14 days beginning with the date of the making of the order.
(4)The court must note... order the landlord to pay to the applicant a sum of money not less than the amount of the deposit and not more than three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order.
(6)In subsection (5) “deposit” has the meaning given by section 213(8).
215Sanctions for non-compliance Sanctions for non-compliance#
(1)
(1A)Where regulation 28(7) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (linking provisions) applies, the effective date of the maintenance calculation shall be the date which would have been the beginning of the first maintenance period in respect of the conversion decision on or after what, but for this paragraph, would have been the relevant effective date provided for in regulation 24(2) to (4).
(2)
(2A)In paragraph (2), “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002.
(a)
(b)
(3)
(4)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
215AStatutory periodic tenancies: deposit received before 6 April 2007#
(1)
(a)
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(d)
(2)
(a)
(b)
(3)
(a)
(b)
(i)a parent with care cares for one child only, and
(ii)that child dies,
(4)
(a)
(b)
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
215BShorthold Assured tenancies: deposit received on or after 6 April 2007#
(1)This section applies where—
(a)on or after 6 April 2007, a tenancy deposit has been received by a landlord in connection with a shortholdan assured tenancy (“the original tenancy”),
(b)the initial requirements of an authorised scheme have been complied with by the landlord in relation to the deposit (ignoring any requirement to take particular steps within any specified period),
(c)the requirements of section 213(5) and (6)(a) have been complied with by the landlord in relation to the deposit when it is held in connection with the original tenancy (ignoring any deemed compliance under section 215A(4)),
(d)a new shortholdassured tenancy comes into being on the coming to an end of the original tenancy or a tenancy that replaces the original tenancy (directly or indirectly),
(e)the new tenancy replaces the original tenancy (directly or indirectly), and
(f)when the new tenancy comes into being, the deposit continues to be held in connection with the new tenancy, in accordance with the same authorised scheme as when the requirements of section 213(5) and (6)(a) were last complied with by the landlord in relation to the deposit.
(2)In their application to the new tenancy, the requirements of section 213(3), (5) and (6) are treated as if they had been complied with by the landlord in relation to the deposit.
(3)The condition in subsection (1)(a) may be met in respect of a tenancy even if the tenancy deposit was first received in connection with an earlier tenancy (including where it was first received before 6 April 2007).
(4)For the purposes of this section, a tenancy replaces an earlier tenancy if—
(a)the landlord and tenant immediately before the coming to an end of the earlier tenancy are the same as the landlord and tenant at the start of the new tenancy, and
(b)the premises let under both tenancies are the same or substantially the same.
215CSections 215A and 215B: transitional provisions#
(1)
(2)
(a)
(b)
(3)
(a)
(b)
(i)a parent with care cares for one child only, and
(ii)that child dies,
(4)
(a)
(b)
(i)a parent with care cares for one child only, and
(ii)that child dies,
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
(a)
(b)
(7)
(a)
(b)
(8)
Chapter 5 · Miscellaneous
Overcrowding
216Overcrowding#
(1)The appropriate national authority may by order make such provision as it considers appropriate for and in connection with—
(b)introducing for the purposes of Chapter 3 of Part 4 of this Act a concept of overcrowding similar to that applying for the purposes of Part 10 (and accordingly removing the discretion of local housing authorities to decide particular issues arising under those sections);
(2)An order under this section may, in particular, make provision for regulating the making by local housing authorities of determinations as to whether premises are overcrowded, including provision prescribing—
(a)factors that must be taken into account by such authorities when making such determinations;
(b)the procedure that is to be followed by them in connection with making such determinations.
(3)An order under this section may modify any enactment (including this Act).
Accommodation needs of gypsies and travellers
Disabled facilities grant
224Disabled facilities grant: caravans#
(1)The Housing Grants, Construction and Regeneration Act 1996 (c. 53) is amended as follows.
(2)In section 1(1)(c)(i) (grants in relation to qualifying park homes) for “qualifying park homes” substitute “ caravans ”.
(3)In section 19(1) (applications for grants) for paragraph (c) substitute—“c that the applicant is an occupier (alone or jointly with others) of a qualifying houseboat or a caravan and, in the case of a caravan, that at the time the application was made the caravan was stationed on land within the authority’s area.”
(4)In section 22A (certificates required in case of occupier’s application)—
(a)for “qualifying park home” in subsection (2)(b) and (3)(a) and (b) substitute “ caravan ”, and
(b)for “pitch” in subsection (3)(a) substitute “ land ”.
(5)In the following provisions for “qualifying park home” substitute “ caravan ”
(a)section 23(1)(a)(i), (b)(i), (i) and (k) (purposes of grant);
(b)section 24(3)(b)(i) (approval of application);
(c)section 29(3) (restriction on grants for works already begun);
(d)section 41(1)(b) (change of circumstances).
(6)In section 57(2)(a) (power of authority to carry out works)—
(a)for “qualifying park home”, in each place where it occurs, substitute “ caravan ”, and
(b)for “pitch” in sub-paragraph (i) substitute “ land ”.
(7)In section 58 (minor definitions for the purposes of Chapter 1 of Part 1)—
(a)before the definition of “common parts” insert—““caravan”—a means a caravan within the meaning of Part 1 of the Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the Caravan Sites Act 1968); andb includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;”
(b)for “qualifying park home” in the definition of “premises” substitute “ caravan ”, and
(c)omit the definition of “qualifying park home”.
(8)In section 59 (index of defined expressions)—
(a)before the entry relating to “certified date” insert—“”
(b)omit the entry relating to “qualifying park home”.
(9)The amendments made by this section do not apply in relation to any application for a disabled facilities grant under the Housing Grants, Construction and Regeneration Act 1996 (c. 53) that is made before the day on which this section comes into force.
Energy efficiency
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