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Housing Act 1996

1996 CHAPTER 52

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Social rented sector

    1. Chapter I

      Registered social landlords

      1. Registration

        1. 1. The register of social landlords.

        2. 2. Eligibility for registration.

        3. 3. Registration.

        4. 4. Removal from the register.

        5. 5. Criteria for registration or removal from register.

        6. 6. Appeal against decision on removal.

      2. Regulation of registered social landlords

        1. 7. Regulation of registered social landlords.

    2. Chapter II

      Disposal of land and related matters

      1. Power of registered social landlord to dispose of land

        1. 8. Power of registered social landlord to dispose of land.

      2. Control by Corporation of land transactions

        1. 9. Consent required for disposal of land by registered social landlord.

        2. 10. Lettings and other disposals not requiring consent of Corporation.

        3. 11. Covenant for repayment of discount on disposal.

        4. 12. Priority of charge for repayment of discount.

        5. 13. Restriction on disposal of houses in National Parks, &c.

        6. 14. Treatment of options.

        7. 15. Relevant and exempted disposals.

      3. Right of tenant to acquire dwelling

        1. 16. Right of tenant to acquire dwelling.

        2. 17. Right of tenant to acquire dwelling: supplementary provisions.

    3. Chapter III

      Grants and other financial matters

      1. Grants and other financial assistance

        1. 18. Social housing grants.

        2. 19. Land subject to housing management agreement.

        3. 20. Purchase grant where right to acquire exercised.

        4. 21. Purchase grant in respect of other disposals.

        5. 22. Assistance from local authorities.

        6. 23. Loans by Public Works Loans Commissioners.

      2. Treatment of disposal proceeds

        1. 24. The disposal proceeds fund.

        2. 25. Application or appropriation of disposal proceeds.

        3. 26. Disposal proceeds: power to require information.

      3. Recovery, &c. of social housing grants

        1. 27. Recovery, &c. of social housing grants.

      4. Grants, &c. under earlier enactments

        1. 28. Grants under ss.50 to 55 of the Housing Act 19881988.

        2. 29. Commutation of payments of special residual subsidy.

    4. Chapter IV

      General powers of the Corporation

      1. Information

        1. 30. General power to obtain information.

        2. 31. Enforcement of notice to provide information, &c.

        3. 32. Disclosure of information to the Corporation.

        4. 33. Disclosure of information by the Corporation.

      2. Standards of performance

        1. 34. Standards of performance.

        2. 35. Information as to levels of performance.

      3. Housing management

        1. 36. Issue of guidance by the Corporation.

        2. 37. Powers of entry.

        3. 38. Penalty for obstruction of person exercising power of entry.

      4. Insolvency, &c. of registered social landlord

        1. 39. Insolvency, &c. of registered social landlord: scheme of provisions.

        2. 40. Initial notice to be given to the Corporation.

        3. 41. Further notice to be given to the Corporation.

        4. 42. Moratorium on disposal of land, &c.

        5. 43. Period of moratorium.

        6. 44. Proposals as to ownership and management of landlord’s land.

        7. 45. Effect of agreed proposals.

        8. 46. Appointment of manager to implement agreed proposals.

        9. 47. Powers of the manager.

        10. 48. Powers of the manager: transfer of engagements.

        11. 49. Assistance by the Corporation.

        12. 50. Application to court to secure compliance with agreed proposals.

    5. Chapter V

      Miscellaneous and general provisions

      1. Housing complaints

        1. 51. Schemes for investigation of complaints.

      2. Orders and determinations

        1. 52. General provisions as to orders.

        2. 53. General provisions as to determinations.

        3. 54. Determinations of the Corporation requiring approval.

      3. Minor and consequential amendments

        1. 55. Minor and consequential amendments: Part I.

      4. Interpretation

        1. 56. Meaning of “the Corporation”.

        2. 57. Definitions relating to industrial and provident societies.

        3. 58. Definitions relating to charities.

        4. 59. Meaning of “officer” of registered social landlord.

        5. 60. Meaning of “subsidiary”.

        6. 61. Meaning of “associate”.

        7. 62. Members of a person’s family: Part I.

        8. 63. Minor definitions: Part I.

        9. 64. Index of defined expressions: Part I.

  2. Part II

    Houses in multiple occupation

    1. Registration schemes

      1. 65. Making and approval of registration schemes.

      2. 66. Registration schemes: control provisions.

      3. 67. Registration schemes: special control provisions.

      4. 68. Offences in connection with registration schemes.

      5. 69. Information requirements in connection with registration schemes.

      6. 70. Existing registration schemes.

    2. Other amendments of Part XI of the Housing Act 1985

      1. 71. Restriction on notices requiring execution of works.

      2. 72. Recovery of expenses of notice requiring execution of works.

      3. 73. Duty to keep premises fit for number of occupants.

      4. 74. Section 354 direction to be local land charge.

      5. 75. Means of escape from fire.

      6. 76. Works notices: improvement of enforcement procedures.

      7. 77. Codes of practice.

      8. 78. Increase of fines, &c.

      9. 79. Minor amendments.

    3. Common lodging houses

      1. 80. Repeal of Part XII of the Housing Act 1985.

  3. Part III

    Landlord and tenant

    1. Chapter I

      Tenants' rights

      1. Forfeiture

        1. 81. Restriction on termination of tenancy for failure to pay service charge.

        2. 82. Notice under s.146 of the Law of Property Act 1925.

      2. Service charges

        1. 83. Determination of reasonableness of service charges.

        2. 84. Right to appoint surveyor to advise on matters relating to service charges.

      3. Appointment of manager

        1. 85. Appointment of manager by the court.

        2. 86. Appointment of manager: transfer of jurisdiction to leasehold valuation tribunal.

        3. 87. Text of Part II of the Landlord and Tenant Act 1987, as amended.

        4. 88. Period after which acquisition order may be made.

      4. Right of first refusal

        1. 89. Application of right of first refusal in relation to contracts.

        2. 90. Notice required to be given by landlord making disposal.

        3. 91. Offence of failure to comply with requirements of Part I.

        4. 92. Procedure for exercise of rights of first refusal.

        5. 93. Duty of new landlord to inform tenant of rights.

      5. General legal advice

        1. 94. Provision of general legal advice about residential tenancies.

      6. Supplementary

        1. 95. Jurisdiction of county courts.

    2. Chapter II

      Assured tenancies

      1. Assured shorthold tenancies

        1. 96. Tenancies which are assured shorthold tenancies.

        2. 97. Duty of landlord to provide statement of terms of assured shorthold tenancy.

        3. 98. Form of notices under s. 21 of the Housing Act 1988.

        4. 99. Restriction on recovery of possession on expiry or termination.

        5. 100. Applications for determination of rent: time limit.

      2. Grounds for possession

        1. 101. Mandatory possession for non-payment of rent: reduction in arrears required.

        2. 102. Recovery of possession where grant induced by false statement.

      3. Assured agricultural occupancies

        1. 103. Assured agricultural occupancies: exclusion of tenancies of agricultural holdings and farm business tenancies.

      4. Consequential amendments

        1. 104. Consequential amendments: assured tenancies.

    3. Chapter III

      Leasehold Reform

      1. Scope of rights

        1. 105. Low rent test: nil rateable values.

        2. 106. Low rent test: extension of rights.

        3. 107. Collective enfranchisement: multiple freeholders.

      2. Valuation

        1. 108. Collective enfranchisement: removal of need for professional valuation of interests to be acquired.

        2. 109. Collective enfranchisement: valuation principles.

        3. 110. New leases: valuation principles.

      3. Trusts

        1. 111. Satisfaction of residence condition: collective enfranchisement.

        2. 112. Satisfaction of residence condition: new leases.

        3. 113. Powers of trustees.

      4. Miscellaneous

        1. 114. Minor amendment of section 1(1.

        2. 115. Power for leasehold valuation tribunal to determine amount of costs payable under Leasehold Reform Act 1967.

        3. 116. Compensation for postponement of termination in connection with ineffective claims.

        4. 117. Priority of interests on grant of new lease.

        5. 118. Estate management schemes in connection with enfranchisement by virtue of s. 106.

        6. 119. Leasehold valuation tribunals: pre-trial review.

  4. Part IV

    Housing benefit and related matters

    1. 120. Payment of housing benefit to third parties.

    2. 121. Administration of housing benefit, &c.

    3. 122. Functions of rent officers in connection with housing benefit and rent allowance subsidy.

    4. 123. Consequential amendments: Part IV.

  5. Part V

    Conduct of tenants

    1. Chapter I

      Introductory tenancies

      1. General provisions

        1. 124. Introductory tenancies.

        2. 125. Duration of introductory tenancy.

        3. 126. Licences.

      2. Proceedings for possession

        1. 127. Proceedings for possession.

        2. 128. Notice of proceedings for possession.

        3. 129. Review of decision to seek possession.

        4. 130. Effect of beginning proceedings for possession.

      3. Succession on death of tenant

        1. 131. Persons qualified to succeed tenant.

        2. 132. Cases where the tenant is a successor.

        3. 133. Succession to introductory tenancy.

      4. Assignment

        1. 134. Assignment in general prohibited.

      5. Repairs

        1. 135. Right to carry out repairs.

      6. Provision of information and consultation

        1. 136. Provision of information about tenancies.

        2. 137. Consultation on matters of housing management.

      7. Supplementary

        1. 138. Jurisdiction of county court.

        2. 139. Meaning of “dwelling-house”.

        3. 140. Members of a person’s family: Chapter I.

        4. 141. Consequential amendments: introductory tenancies.

        5. 142. Regulations and orders.

        6. 143. Index of defined expressions: introductory tenancies.

    2. Chapter II

      Repossession, &c.: secure and assured tenancies

      1. Secure tenancies

        1. 144. Extension of ground of nuisance or annoyance to neighbours, &c.

        2. 145. New ground of domestic violence: secure tenancies.

        3. 146. Extension of ground that grant of tenancy induced by false statement.

        4. 147. Proceedings for possession or termination.

      2. Assured tenancies

        1. 148. Extension of ground of nuisance or annoyance to adjoining occupiers &c.

        2. 149. New ground of domestic violence: assured tenancies.

        3. 150. Additional notice requirements: domestic violence.

        4. 151. Early commencement of certain proceedings for possession.

    3. Chapter III

      Injunctions against anti-social behaviour

      1. 152. Power to grant injunctions against anti-social behaviour.

      2. 153. Power of arrest for breach of other injunctions against anti-social behaviour.

      3. 154. Powers of arrest: ex-parte applications for injunctions.

      4. 155. Arrest and remand.

      5. 156. Remand for medical examination and report.

      6. 157. Powers of arrest: supplementary provisions.

      7. 158. Interpretation: Chapter III.

  6. Part VI

    Allocation of housing accommodation

    1. Introductory

      1. 159. Allocation of housing accommodation.

      2. 160. Cases where provisions about allocation do not apply.

    2. The housing register

      1. 161. Allocation only to qualifying persons.

      2. 162. The housing register.

      3. 163. Operation of housing register.

      4. 164. Notification of adverse decision and right to review.

      5. 165. Procedure on a review.

      6. 166. Information about housing register.

    3. The allocation scheme

      1. 167. Allocation in accordance with allocation scheme.

      2. 168. Information about allocation scheme.

    4. Supplementary

      1. 169. Guidance to authorities by the Secretary of State.

      2. 170. Co-operation between registered social landlords and local housing authorities.

      3. 171. False statements and withholding information.

      4. 172. Regulations.

      5. 173. Consequential amendments: Part VI.

      6. 174. Index of defined expressions: Part VI.

  7. Part VII

    Homelessness

    1. Homelessness and threatened homelessness

      1. 175. Homelessness and threatened homelessness.

      2. 176. Meaning of accommodation available for occupation.

      3. 177. Whether it is reasonable to continue to occupy accommodation.

      4. 178. Meaning of associated person.

    2. General functions in relation to homelessness or threatened homelessness

      1. 179. Duty of local housing authority to provide advisory services.

      2. 180. Assistance for voluntary organisations.

      3. 181. Terms and conditions of assistance.

      4. 182. Guidance by the Secretary of State.

    3. Application for assistance in case of homelessness or threatened homelessness

      1. 183. Application for assistance.

      2. 184. Inquiry into cases of homelessness or threatened homelessness.

    4. Eligibility for assistance

      1. 185. Persons from abroad not eligible for housing assistance.

      2. 186. Asylum-seekers and their dependants.

      3. 187. Provision of information by Secretary of State.

    5. Interim duty to accommodate

      1. 188. Interim duty to accommodate in case of apparent priority need.

      2. 189. Priority need for accommodation.

    6. Duties to persons found to be homeless or threatened with homelessness

      1. 190. Duties to persons becoming homeless intentionally.

      2. 191. Becoming homeless intentionally.

      3. 192. Duty to persons not in priority need who are not homeless intentionally.

      4. 193. Duty to persons with priority need who are not homeless intentionally.

      5. 194. Power exercisable after minimum period of duty under s. 193.

      6. 195. Duties in case of threatened homelessness.

      7. 196. Becoming threatened with homelessness intentionally.

    7. Duty where other suitable accommodation available

      1. 197. Duty where other suitable accommodation available.

    8. Referral to another local housing authority

      1. 198. Referral of case to another local housing authority.

      2. 199. Local connection.

      3. 200. Duties to applicant whose case is considered for referral or referred.

      4. 201. Application of referral provisions to cases arising in Scotland.

    9. Right to request review of decision

      1. 202. Right to request review of decision.

      2. 203. Procedure on a review.

      3. 204. Right of appeal to county court on point of law.

    10. Supplementary provisions

      1. 205. Discharge of functions: introductory.

      2. 206. Discharge of functions by local housing authorities.

      3. 207. Discharge of functions: provision of accommodation by the authority.

      4. 208. Discharge of functions: out-of-area placements.

      5. 209. Discharge of functions: arrangements with private landlord.

      6. 210. Suitability of accommodation.

      7. 211. Protection of property of homeless persons and persons threatened with homelessness.

      8. 212. Protection of property: supplementary provisions.

      9. 213. Co-operation between relevant housing authorities and bodies.

    11. General provisions

      1. 214. False statements, withholding information and failure to disclose change of circumstances.

      2. 215. Regulations and orders.

      3. 216. Transitional and consequential matters.

      4. 217. Minor definitions: Part VII.

      5. 218. Index of defined expressions: Part VII.

  8. Part VIII

    Miscellaneous and general provisions

    1. Miscellaneous

      1. 219. Directions as to certain charges by social landlords.

      2. 220. Directions as to certain charges: supplementary provisions.

      3. 221. Exercise of compulsory purchase powers in relation to Crown land.

      4. 222. Miscellaneous minor amendments.

    2. General

      1. 223. Offences by body corporate.

      2. 224. The Common Council of the City of London.

      3. 225. The Isles of Scilly.

      4. 226. Corresponding provision for Northern Ireland.

      5. 227. Repeals.

      6. 228. Financial provisions.

      7. 229. Meaning of “lease” and “tenancy” and related expressions.

      8. 230. Minor definitions: general.

    3. Final provisions

      1. 231. Extent.

      2. 232. Commencement.

      3. 233. Short title.

  9. Schedules:

    1. Schedule 1

      Registered social landlords: regulation.

      1. Part I

        Control of payments to members, &c.

      2. Part II

        Constitution, change of rules, amalgamation and dissolution.

      3. Part III

        Accounts and audit.

      4. Part IV

        Inquiry into affairs of registered social landlords.

    2. Schedule 2

      Social rented sector: housing complaints.

    3. Schedule 3

      Social rented sector: minor amendments.

    4. Schedule 4

      Rights exercisable by surveyor appointed by tenants' association.

    5. Schedule 5

      Text of Part II of the Landlord and Tenant Act 1987, as amended.

    6. Schedule 6

      Amendments of Part I of the Landlord and Tenant Act 1987.

      1. Part I

        Rights of first refusal.

      2. Part II

        Enforcement by tenants of rights against purchaser.

      3. Part III

        Enforcement of rights against subsequent purchasers and termination of rights.

      4. Part IV

        Consequential amendments.

    7. Schedule 7

      Assured tenancies: schedule inserted after Schedule 2 to the Housing Act 1988.

    8. Schedule 8

      Assured tenancies: consequential amendments.

    9. Schedule 9

      Low rent test: extension of rights.

    10. Schedule 10

      Section 107: consequential amendments.

    11. Schedule 11

      Compensation for postponement of termination in connection with ineffective claims.

    12. Schedule 12

      Administration of housing benefit, &c.

    13. Schedule 13

      Housing benefit and related matters: consequential amendments.

    14. Schedule 14

      Introductory tenancies: consequential amendments.

    15. Schedule 15

      Arrest for anti-social behaviour: powers of High Court and county court to remand.

    16. Schedule 16

      Allocation of housing accommodation: consequential amendments.

    17. Schedule 17

      Homelessness: consequential amendments.

    18. Schedule 18

      Miscellaneous provisions.

      1. Part I

        Housing management.

      2. Part II

        Housing finance.

      3. Part III

        Orders in relation to property in family and matrimonial proceedings, &c.

      4. Part IV

        Other housing provisions.

    19. Schedule 19

      Repeals.

      1. Part I

        Social rented sector.

      2. Part II

        Houses in multiple occupation.

      3. Part III

        Tenants' rights.

      4. Part IV

        Assured tenancies.

      5. Part V

        Leasehold reform.

      6. Part VI

        Housing benefit and related matters.

      7. Part VII

        Allocation of housing accommodation.

      8. Part VIII

        Homelessness.

      9. Part IX

        Change of landlord: secure tenants.

      10. Part X

        Consultation with respect to housing management.

      11. Part XI

        Abolition of Exchequer contributions for agricultural housing.

      12. Part XII

        Abolition of certain consent requirements.

      13. Part XIII

        Removal of Treasury consent requirements.

      14. Part XIV

        Local authority assistance in connection with mortgages.

An Act to make provision about housing, including provision about the social rented sector, houses in multiple occupation, landlord and tenant matters, the administration of housing benefit, the conduct of tenants, the allocation of housing accommodation by local housing authorities and homelessness; and for connected purposes.

[24th July 1996]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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