Office of Public Sector Information
PART II continued CHAPTER I continued
(7) Where different parts of an advance or further advance are made for different purposes, each of those parts shall be regarded as a separate advance or further advance for the purposes of this section.
(8) The Secretary of State may by order prescribe—
(a) matters for which the deed by which the mortgage is effected must make provision, and
(b) terms which must, or must not, be contained in that deed,
but only in relation to deeds executed after the order comes into force.
(9) The deed by which the mortgage is effected may contain such other provisions as may be—
(a) agreed between the mortgagor and the mortgagee, or
(b) determined by the county court to be reasonably required by the mortgagor or the mortgagee.
(10) An order under this section—
(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(1) For subsection (3) of section 152 of the 1985 Act (landlord’s first notice to complete) there shall be substituted the following section—
“(3) A notice under this section shall not be served earlier than twelve months after the service of the notice under section 146 (landlord’s notice admitting or denying right).”
(2) In subsection (5) of that section, for the words “the amount to be left outstanding or advanced on the security of the dwelling-house” there shall be substituted the words “securing the redemption of the landlord’s share”.
(3) In subsection (4) of section 153 of the 1985 Act (landlord’s second notice to complete), for the words “the right to be granted a shared ownership lease” there shall be substituted the words “the right to acquire on rent to mortgage terms”.
(1) For subsection (3) of section 155 of the 1985 Act (repayment of discount on early disposal) there shall be substituted the following subsection—
“(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 to the landlord on demand, if within the period of three years commencing with the making of the initial payment there is a relevant disposal which is not an exempted disposal (but if there is more than one such disposal, then only on the first of them), 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, or
(c) the final payment if so made,
reduced, in each case, by one-third for each complete year which has elapsed after the making of the initial payment and before the disposal.”
(2) In subsection (3A) of that section, for paragraph (b) there shall be substituted the following paragraph—
“(b) any reference in subsection (3) (other than paragraph (a) thereof) to the making of the initial payment shall be construed as a reference to the date which precedes that payment by the period referred to in paragraph (a) of this subsection.”
(3) For subsection (2) of section 156 of the 1985 Act (liability to repay discount is a charge on the premises) there shall be substituted the following subsections—
“(2) Subject to subsections (2A) and (2B), the charge has priority as follows—
(a) if it secures the liability that may arise under the covenant required by section 155(2), immediately after any legal charge securing an amount advanced to the secure tenant by an approved lending institution for the purpose of enabling him to exercise the right to buy;
(b) if it secures the liability that may arise under the covenant required by section 155(3), immediately after the mortgage—
(i) which is required by section 151B (mortgage for securing redemption of landlord’s share), and
(ii) which, by virtue of subsection (2) of that section, has priority immediately after any legal charge securing an amount advanced to the secure tenant by an approved lending institution for the purpose of enabling him to exercise the right to acquire on rent to mortgage terms.
(2A) The following, namely—
(a) any advance which is made otherwise than for the purpose mentioned in paragraph (a) or (b) of subsection (2) and is secured by a legal charge having priority to the charge taking effect by virtue of this section, and
(b) any further advance which is so secured,
shall rank in priority to that charge if, and only if, the landlord by written notice served on the institution concerned gives its consent; and the landlord shall so give its consent if the purpose of the advance or further advance is an approved purpose.
(2B) The landlord may at any time by written notice served on an approved lending institution postpone the charge taking effect by virtue of this section to any advance or further advance which—
(a) is made to the tenant by that institution, and
(b) is secured by a legal charge not having priority to that charge;
and the landlord shall serve such a notice if the purpose of the advance or further advance is an approved purpose.”
(4) After subsection (4) of that section there shall be inserted the following subsections—
“(4A) The approved purposes for the purposes of this section are—
(a) to enable the tenant to make an interim or final payment,
(b) to enable the tenant to defray, or to defray on his behalf, any of the following—
(i) the cost of any works to the dwelling-house,
(ii) any service charge payable in respect of the dwelling-house for works, whether or not to the dwelling-house, and
(iii) any service charge or other amount payable in respect of the dwelling-house for insurance, whether or not of the dwelling-house, and
(c) to enable the tenant to discharge, or to discharge on his behalf, any of the following—
(i) so much as is still outstanding of any advance or further advance which ranks in priority to the charge taking effect by virtue of this section,
(ii) any arrears of interest on such an advance or further advance, and
(iii) any costs and expenses incurred in enforcing payment of any such interest, or repayment (in whole or in part) of any such advance or further advance.
(4B) Where different parts of an advance or further advance are made for different purposes, each of those parts shall be regarded as a separate advance or further advance for the purposes of this section.”
For section 96 of the 1985 Act there shall be substituted the following section—
(1) The Secretary of State may make regulations for entitling secure tenants whose landlords are local housing authorities, subject to and in accordance with the regulations, to have qualifying repairs carried out, at their landlords' expense, to the dwelling-houses of which they are such tenants.
(2) The regulations may make all or any of the following provisions, namely—
(a) provision that, where a secure tenant makes an application to his landlord for a qualifying repair to be carried out, the landlord shall issue a repair notice—
(i) specifying the nature of the repair, the listed contractor by whom the repair is to be carried out and the last day of any prescribed period; and
(ii) containing such other particulars as may be prescribed;
(b) provision that, if the contractor specified in a repair notice fails to carry out the repair within a prescribed period, the landlord shall issue a further repair notice specifying such other listed contractor as the tenant may require; and
(c) provision that, if the contractor specified in a repair notice fails to carry out the repair within a prescribed period, the landlord shall pay to the tenant such sum by way of compensation as may be determined by or under the regulations.
(3) The regulations may also make such procedural, incidental, supplementary and transitional provisions as may appear to the Secretary of State necessary or expedient, and may in particular—
(a) require a landlord to take such steps as may be prescribed to make its secure tenants aware of the provisions of the regulations;
(b) require a landlord to maintain a list of contractors who are prepared to carry out repairs for which it is responsible under the regulations;
(c) provide that, where a landlord issues a repair notice, it shall give to the tenant a copy of the notice and the prescribed particulars of at least two other listed contractors who are competent to carry out the repair;
(d) provide for questions arising under the regulations to be determined by the county court; and
(e) enable the landlord to set off against any compensation payable under the regulations any sums owed to it by the tenant.
(4) Nothing in subsection (2) or (3) shall be taken as prejudicing the generality of subsection (1).
(5) Regulations under this section—
(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) In this section—
“listed contractor”, in relation to a landlord, means any contractor (which may include the landlord) who is specified in the landlord’s list of contractors;
“qualifying repair”, in relation to a dwelling-house, means any repair of a prescribed description which the landlord is obliged by a repairing covenant to carry out;
“repairing covenant”, in relation to a dwelling-house, means a covenant, whether express or implied, obliging the landlord to keep in repair the dwelling-house or any part of the dwelling-house;
and for the purposes of this subsection a prescribed description may be framed by reference to any circumstances whatever.”
After section 99 of the 1985 Act there shall be inserted the following sections—
(1) The powers conferred by this section shall be exercisable as respects cases where a secure tenant has made an improvement and—
(a) the work on the improvement was begun not earlier than the commencement of section 122 of the Leasehold Reform, Housing and Urban Development Act 1993,
(b) the landlord, or a predecessor in title of the landlord (being a local authority), has given its written consent to the improvement or is to be treated as having given its consent, and
(c) at the time when the tenancy comes to an end the landlord is a local authority and the tenancy is a secure tenancy.
(2) The Secretary of State may make regulations for entitling the qualifying person or persons (within the meaning given by section 99B)—
(a) at the time when the tenancy comes to an end, and
(b) subject to and in accordance with the regulations,
to be paid compensation by the landlord in respect of the improvement.
(3) The regulations may provide that compensation shall be not payable if—
(a) the improvement is not of a prescribed description,
(b) the tenancy comes to an end in prescribed circumstances,
(c) compensation has been paid under section 100 in respect of the improvement, or
(d) the amount of any compensation which would otherwise be payable is less than a prescribed amount;
and for the purposes of this subsection a prescribed description may be framed by reference to any circumstances whatever.
(4) The regulations may provide that the amount of any compensation payable shall not exceed a prescribed amount but, subject to that, shall be determined by the landlord, or calculated, in such manner, and taking into account such matters, as may be prescribed.
(5) The regulations may also make such procedural, incidental, supplementary and transitional provisions as may appear to the Secretary of State necessary or expedient, and may in particular—
(a) provide for the manner in which and the period within which claims for compensation under the regulations are to be made, and for the procedure to be followed in determining such claims,
(b) prescribe the form of any document required to be used for the purposes of or in connection with such claims,
(c) provide for questions arising under the regulations to be determined by the district valuer or the county court, and
(d) enable the landlord to set off against any compensation payable under the regulations any sums owed to it by the qualifying person or persons.
(6) Nothing in subsections (3) to (5) shall be taken as prejudicing the generality of subsection (2).
(7) Regulations under this section—
(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
(b) shall be made by statutory instrument which (except in the case of regulations making only such provision as is mentioned in subsection (5)(b)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8) For the purposes of this section and section 99B, a tenancy shall be treated as coming to an end if—
(a) it ceases to be a secure tenancy by reason of the landlord condition no longer being satisfied, or
(b) it is assigned, with the consent of the landlord—
(i) to another secure tenant who satisfies the condition in subsection (2) of section 92 (assignments by way of exchange), or
(ii) to an assured tenant who satisfies the conditions in subsection (2A) of that section.
(1) A person is a qualifying person for the purposes of section 99A(2) if—
(a) he is, at the time when the tenancy comes to an end, the tenant or, in the case of a joint tenancy at that time, one of the tenants, and
(b) he is a person to whom subsection (2) applies.
(2) This subsection applies to—
(a) the improving tenant;
(b) a person who became a tenant jointly with the improving tenant;
(c) a person in whom the tenancy was vested, or to whom the tenancy was disposed of, under section 89 (succession to periodic tenancy) or section 90 (devolution of term certain) on the death of the improving tenant or in the course of the administration of his estate;
(d) a person to whom the tenancy was assigned by the improving tenant and who would have been qualified to succeed him if he had died immediately before the assignment;
(e) a person to whom the tenancy was assigned by the improving tenant in pursuance of an order made under section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings);
(f) a spouse or former spouse of the improving tenant to whom the tenancy has been transferred by an order under paragraph 2 of Schedule 1 to the Matrimonial Homes Act 1983.
(3) Subsection (2)(c) does not apply in any case where the tenancy ceased to be a secure tenancy by virtue of section 89(3) or, as the case may be, section 90(3).
(4) Where, in the case of two or more qualifying persons, one of them (“the missing person”) cannot be found—
(a) a claim under regulations made under section 99A may be made by, and compensation under those regulations may be paid to, the other qualifying person or persons; but
(b) the missing person shall be entitled to recover his share of any compensation so paid from that person or those persons.
(5) In this section “the improving tenant” means—
(a) the tenant by whom the improvement mentioned in section 99A(1) was made, or
(b) in the case of a joint tenancy at the time when the improvement was made, any of the tenants at that time.”
After subsection (2) of section 104 of the 1985 Act (provision of information about tenancies) there shall be inserted the following subsection—
“(3) A local authority which is the landlord under a secure tenancy shall supply the tenant, at least once in every relevant year, with a copy of such information relating to the provisions mentioned in subsection (1)(b) and (c) as was last published by it; and in this subsection “relevant year” means any period of twelve months beginning with an anniversary of the date of such publication.”
(1) In subsection (2)(b) of section 79 of the [1988 c. 50.] Housing Act 1988 (disposals by housing action trusts), the words “in accordance with section 84 below” shall be omitted.
(2) For subsection (1) of section 84 of that Act (provisions applicable to disposals of dwelling-houses let on secure tenancies) there shall be substituted the following subsection—
“(1) The provisions of this section apply in any case where—
(a) a housing action trust proposes to make a disposal of one or more houses let on secure tenancies which would result in a person who, before the disposal, is a secure tenant of the trust becoming, after the disposal, the tenant of another person, and
(b) that other person is not a local housing authority or other local authority.”
(3) In subsection (7) of that section—
(a) after the words “a disposal to which this section applies,” there shall be inserted the words “or a disposal which would be such a disposal if subsection (1)(b) above were omitted,”; and
(b) after the words “such further consultation” there shall be inserted the words “or, as the case may be, such consultation”.
(4) Where—
(a) a house held by a housing action trust is specified in a notice served by the trust under section 84(2) of the Housing Act 1988, and
(b) the building containing the house is specified in an application subsequently made to the trust under section 96 of that Act (application to exercise right conferred by Part IV),
that Part shall apply as if the building containing the house, and any other property reasonably required for occupation with that building, had not been specified in the application.
(5) Where—
(a) a building containing a house held by a housing action trust is specified in an application made to the trust under section 96 of the [1988 c. 50.] Housing Act 1988, and
(b) the house is specified in a notice subsequently served by the trust under subsection (2) of section 84 of that Act,
that section shall apply as if the house had not been specified in the notice.
(6) In this section “house” has the same meaning as in Part III of the Housing Act 1988.
(1) For subsections (2) and (3) of section 84 of the Housing Act 1988 (disposal by housing action trusts of dwelling-houses let on secure tenancies) there shall be substituted the following subsections—
“(2) Before applying to the Secretary of State for consent to the proposed disposal or serving notice under subsection (4) below, the housing action trust shall serve notice in writing on any local housing authority in whose area any houses falling within subsection (1) above are situated—
(a) informing the authority of the proposed disposal and specifying the houses concerned, and
(b) requiring the authority within such period, being not less than 28 days, as may be specified in the notice, to serve on the trust a notice under subsection (3) below.
(3) A notice by a local housing authority under this subsection shall inform the housing action trust, with respect to each of the houses specified in the notice under subsection (2) above which is in the authority’s area, of the likely consequences for the tenant if the house were to be acquired by the authority.”
(2) In subsection (4) of that section, for paragraphs (d) and (e) there shall be substituted the following paragraphs—
“(d) if the local housing authority in whose area the house of which he is tenant is situated has served notice under subsection (3) above, informing him (in accordance with the information given in the notice) of the likely consequences for him if the house were to be acquired by that authority;
(e) informing him, if he wishes to become a tenant of that authority, of his right to make representations to that effect under paragraph (f) below and of the rights conferred by section 84A below;”.
(3) For subsection (5) of that section there shall be substituted the following subsections—
“(5) If, by virtue of any representations made to the housing action trust in accordance with subsection (4)(f) above, section 84A below applies in relation to any house or block of flats, the trust shall—
(a) serve notice of that fact on the Secretary of State, on the local housing authority and on the tenant of the house or each of the tenants of the block, and
(b) so amend its proposals with respect to the disposal as to exclude the house or block;
and in this subsection “house” and “block of flats” have the same meanings as in that section.
(5A) The housing action trust shall consider any other representations so made and, if it considers it appropriate to do so having regard to any of those representations—
(a) may amend (or further amend) its proposals with respect to the disposal, and
(b) in such a case, shall serve a further notice under subsection (4) above (in relation to which this subsection will again apply).”
(4) In subsection (6) of that section, after the words “subsection (5)” there shall be inserted the words “or subsection (5A)”.
(5) After that section there shall be inserted the following section—
(1) This section applies in relation to any house or block of flats specified in a notice under subsection (2) of section 84 above if—
(a) in the case of a house, the tenant makes representations in accordance with paragraph (f) of subsection (4) of that section to the effect that he wishes to become a tenant of the local housing authority in whose area the house is situated; or
(b) in the case of a block of flats, the majority of the tenants who make representations in accordance with that paragraph make representations to the effect that they wish to become tenants of the local housing authority in whose area the block is situated.
(2) The Secretary of State shall by order provide for the transfer of the house or block of flats from the housing action trust to the local housing authority.
(3) The Secretary of State may also by order transfer from the housing action trust to the local housing authority so much as appears to the Secretary of State to be appropriate of any property belonging to or usually enjoyed with the house or, as the case may be, the block or any flat contained in it; and for this purpose “property” includes chattels of any description and rights and liabilities, whether arising by contract or otherwise.
(4) A transfer of any house, block of flats or other property under this section shall be on such terms, including financial terms, as the Secretary of State thinks fit; and an order under this section may provide that, notwithstanding anything in section 141 of the Law of Property Act 1925 (rent and benefit of lessee’s covenants to run with the reversion), any rent or other sum which—
(a) arises under the tenant’s tenancy or any of the tenants' tenancies, and
(b) falls due before the date of the transfer,
shall continue to be recoverable by the housing action trust to the exclusion of the authority.
(5) Without prejudice to the generality of subsection (4) above, the financial terms referred to in that subsection may include provision for payments to a local housing authority (as well as or instead of payments by a local housing authority); and the transfer from a housing action trust of any house, block of flats or other property by virtue of this section shall not be taken to give rise to any right to compensation.
(6) In this section—
“block of flats” means a building containing two or more flats;
“common parts”, in relation to a building containing two or more flats, means any parts of the building which the tenants of the flats are entitled under the terms of their tenancies to use in common with each other;
“flat” and “house” have the meanings given by section 183 of the Housing Act 1985;
and any reference to a block of flats specified in a notice under section 84(2) above is a reference to a block in the case of which each flat which is let on a secure tenancy is so specified.
(7) For the purposes of subsection (6) above, a building which contains—
(a) one or more flats which are let, or available for letting, on secure tenancies by the housing action trust concerned, and
(b) one or more flats which are not so let or so available,
shall be treated as if it were two separate buildings, the one containing the flat or flats mentioned in paragraph (a) above and the other containing the flat or flats mentioned in paragraph (b) above and any common parts.”
Part II of the 1985 Act (provision of housing accommodation) shall have effect, and be deemed at all times on and after 1st April 1990 to have had effect, as if after section 11 there were inserted the following section—
(1) A local housing authority may provide in connection with the provision of housing accommodation by them (whether or not under this Part) such welfare services, that is to say, services for promoting the welfare of the persons for whom the accommodation is so provided, as accord with the needs of those persons.
(2) The authority may make reasonable charges for welfare services provided by virtue of this section.
(3) In this section “welfare services” does not include the repair, maintenance, supervision or management of houses or other property.
(4) The powers conferred by this section shall not be regarded as restricting those conferred by section 137 of the Local Government Act 1972 (powers to incur expenditure for purposes not authorised by any other enactment) and accordingly the reference to any other enactment in subsection (1)(a) of that section shall not include a reference to this section.”
Schedule 4 to the [1989 c. 42.] Local Government and Housing Act 1989 (the keeping of the Housing Revenue Account) shall have effect, and be deemed always to have had effect, as if—
(a) at the end of paragraph (b) of item 2 of Part I (credits to the account) there were inserted the words “or income in respect of services provided under section 11A of that Act (power to provide welfare services)”; and
(b) after paragraph 3 of Part III (special cases) there were inserted the following paragraph—
3A (1) This paragraph applies where in any year a local housing authority provide welfare services (within the meaning of section 11A of the [1985 c. 68.] Housing Act 1985) for persons housed by them in houses or other property within their Housing Revenue Account.
(2) The authority may carry to the credit of the account—
(a) an amount equal to the whole or any part of the income of the authority for the year from charges in respect of the provision of those services;
(b) any sum from some other revenue account of theirs which represents the whole or any part of that income.
(3) The authority may carry to the debit of the account—
(a) an amount equal to the whole or any part of the expenditure of the authority for the year in respect of the provision of those services;
(b) any sum from some other revenue account of theirs which represents the whole or any part of that expenditure.”
(1) The Secretary of State may at any time by order made by statutory instrument provide that, on such day or in relation to such periods as may be appointed by the order, the provisions made by sections 126 and 127—
(a) shall cease to have effect; or
(b) shall cease to apply for such purposes as may be specified in the order.
(2) An order under this section—
(a) may appoint different days or periods for different provisions or purposes or for different authorities or descriptions of authority, and
(b) may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.
(1) At the end of subsection (3) of section 27 of the 1985 Act (management agreements), there shall be inserted the words “and shall contain such provisions as may be prescribed by regulations made by the Secretary of State”.
Leasehold Reform, Housing and Urban Development Act 1993