Office of Public Sector Information
PART 3 continued CHAPTER 2 continued
After section 34 of the Housing Act 1985 (c. 68) (consents in relation to disposals of land held for housing purposes) insert—
(1) The appropriate person may make regulations for imposing requirements on a local housing authority in any case where a tenant group serves written notice on the authority proposing that the authority should dispose of particular land held by them for the purposes of this Part, or a particular description of such land, to a relevant housing provider.
(2) The regulations may make provision requiring the authority—
(a) to provide, or finance the provision of, such office accommodation and facilities, and such training, as the tenant group reasonably requires for the purpose of pursuing the proposal;
(b) to arrange for such feasibility studies with respect to the proposal as may be determined by or under the regulations to be conducted by such persons as may be so determined;
(c) to provide to the tenant group such information or descriptions of information, in connection with the proposal, as may be prescribed in the regulations;
(d) to take, in circumstances prescribed in the regulations, such other steps as may be so prescribed to co-operate with the tenant group in connection with the proposal;
(e) to arrange for such ballots or polls with respect to the proposal as may be determined by or under the regulations to be conducted by such persons as may be so determined; and
(f) in such circumstances as may be prescribed by the regulations, to enter into an agreement for the disposal.
(3) The regulations may make provision—
(a) for determining the houses and other land to which the disposal should relate, and the amounts which should be paid in respect of the disposal;
(b) requiring the agreement for the disposal to be in such form as may be approved by the appropriate person and to contain such provisions as may be prescribed by the regulations.
(4) The regulations may make such procedural, incidental, supplementary and transitional provisions as may appear to the appropriate person necessary or expedient, and may in particular make provision—
(a) for particular questions arising under the regulations to be determined by the authority or the appropriate person;
(b) setting time-limits for the carrying out of requirements under the regulations;
(c) requiring any person exercising functions under the regulations to act in accordance with any guidance or directions given by the appropriate person.
(5) Nothing in subsections (2) to (4) is to be taken as prejudicing the generality of subsection (1).
(6) Any regulations which provide for the appropriate person to approve a proposal for a local housing authority to dispose of land must ensure that the authority has the opportunity to make representations to the appropriate person before the appropriate person decides whether or not to approve the proposal.
(7) This section does not affect any requirement under section 32 or 33 for the consent of the Secretary of State or the Welsh Ministers.
(8) 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) are to be made by statutory instrument which—
(i) in the case of an instrument made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament; and
(ii) in the case of an instrument made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(9) In this section—
“appropriate person” means—
in relation to England, the Secretary of State; and
in relation to Wales, the Welsh Ministers;
“relevant housing provider” means—
in relation to England, a registered provider of social housing; and
in relation to Wales, a registered social landlord; and
“tenant group” means a body or other person which satisfies such conditions as may be determined by or under the regulations.”
(1) In Schedule 1 to the Housing Act 1985 (c. 68) (tenancies which are not secure tenancies) after paragraph 4 insert—
4ZA (1) A tenancy is not a secure tenancy if it is a family intervention tenancy.
(2) But a tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy.
(3) In this paragraph “a family intervention tenancy” means, subject to sub-paragraph (4), a tenancy granted by a local housing authority in respect of a dwelling-house—
(a) to a person (“the new tenant”) against whom a possession order under section 84 in respect of another dwelling-house—
(i) has been made, in relation to a secure tenancy, on ground 2 or 2A of Part 1 of Schedule 2;
(ii) could, in the opinion of the authority, have been so made in relation to such a tenancy; or
(iii) could, in the opinion of the authority, have been so made if the person had had such a tenancy; and
(b) for the purposes of the provision of behaviour support services.
(4) A tenancy is not a family intervention tenancy for the purposes of this paragraph if the local housing authority has failed to serve a notice under sub-paragraph (5) on the new tenant before the new tenant entered into the tenancy.
(5) A notice under this sub-paragraph is a notice stating—
(a) the reasons for offering the tenancy to the new tenant;
(b) the dwelling-house in respect of which the tenancy is to be granted;
(c) the other main terms of the tenancy (including any requirements on the new tenant in respect of behaviour support services);
(d) the security of tenure available under the tenancy and any loss of security of tenure which is likely to result from the new tenant agreeing to enter into the tenancy;
(e) that the new tenant is not obliged to enter into the tenancy or (unless otherwise required to do so) to surrender any existing tenancy or possession of a dwelling-house;
(f) any likely action by the local housing authority if the new tenant does not enter into the tenancy or surrender any existing tenancy or possession of a dwelling-house.
(6) The appropriate national authority may by regulations made by statutory instrument amend sub-paragraph (5).
(7) A notice under sub-paragraph (5) must contain advice to the new tenant as to how the new tenant may be able to obtain assistance in relation to the notice.
(8) The appropriate national authority may by regulations made by statutory instrument make provision about the type of advice to be provided in such notices.
(9) Regulations under this paragraph may contain such transitional, transitory or saving provision as the appropriate national authority considers appropriate.
(10) A statutory instrument containing (whether alone or with other provision) regulations under this paragraph which amend or repeal any of paragraphs (a) to (f) of sub-paragraph (5) may not be made—
(a) by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament; and
(b) by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
(11) Subject to this, a statutory instrument containing regulations made under this paragraph—
(a) by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament; and
(b) by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(12) In this paragraph—
“appropriate national authority”—
in relation to England, means the Secretary of State; and
in relation to Wales, means the Welsh Ministers;
“behaviour support agreement” means an agreement in writing about behaviour and the provision of support services made between the new tenant and the local housing authority concerned (or between persons who include those persons);
“behaviour support services” means relevant support services to be provided by any person to—
the new tenant; or
any person who is to reside with the new tenant;
for the purpose of addressing the kind of behaviour which led to the new tenant falling within sub-paragraph (3)(a);
“family intervention tenancy” has the meaning given by sub-paragraph (3);
“the new tenant” has the meaning given by sub-paragraph (3)(a);
“relevant support services” means support services of a kind identified in a behaviour support agreement and designed to meet such needs of the recipient as are identified in the agreement.”
(2) In Part 1 of Schedule 1 to the Housing Act 1988 (c. 50) (tenancies which cannot be assured tenancies) after paragraph 12 insert—
12ZA (1) A family intervention tenancy.
(2) But a family intervention tenancy becomes an assured tenancy if the landlord notifies the tenant that it is to be regarded as an assured tenancy.
(3) In this paragraph “a family intervention tenancy” means, subject to sub-paragraph (4), a tenancy granted by a registered provider of social housing or a registered social landlord (“the landlord”) in respect of a dwelling-house—
(a) to a person (“the new tenant”) against whom a possession order under section 7 in respect of another dwelling-house—
(i) has been made, in relation to an assured tenancy, on ground 14 or 14A of Part 2 of Schedule 2;
(ii) could, in the opinion of the landlord, have been so made in relation to such a tenancy; or
(iii) could, in the opinion of the landlord, have been so made if the person had had such a tenancy; and
(b) for the purposes of the provision of behaviour support services.
(4) A tenancy is not a family intervention tenancy for the purposes of this paragraph if the landlord has failed to serve a notice under sub-paragraph (5) on the new tenant before the new tenant entered into the tenancy.
(5) A notice under this sub-paragraph is a notice stating—
(a) the reasons for offering the tenancy to the new tenant;
(b) the dwelling-house in respect of which the tenancy is to be granted;
(c) the other main terms of the tenancy (including any requirements on the new tenant in respect of behaviour support services);
(d) the security of tenure available under the tenancy and any loss of security of tenure which is likely to result from the new tenant agreeing to enter into the tenancy;
(e) that the new tenant is not obliged to enter into the tenancy or (unless otherwise required to do so) to surrender any existing tenancy or possession of a dwelling-house;
(f) any likely action by the landlord if the new tenant does not enter into the tenancy or surrender any existing tenancy or possession of a dwelling-house.
(6) The appropriate national authority may by regulations made by statutory instrument amend sub-paragraph (5).
(7) A notice under sub-paragraph (5) must contain advice to the new tenant as to how the new tenant may be able to obtain assistance in relation to the notice.
(8) The appropriate national authority may by regulations made by statutory instrument make provision about the type of advice to be provided in such notices.
(9) Regulations under this paragraph may contain such transitional, transitory or saving provision as the appropriate national authority considers appropriate.
(10) A statutory instrument containing (whether alone or with other provision) regulations under this paragraph which amend or repeal any of paragraphs (a) to (f) of sub-paragraph (5) may not be made—
(a) by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament; and
(b) by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
(11) Subject to this, a statutory instrument containing regulations made under this paragraph—
(a) by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament; and
(b) by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(12) In this paragraph—
“appropriate national authority”—
in relation to England, means the Secretary of State; and
in relation to Wales, means the Welsh Ministers;
“behaviour support agreement” means an agreement in writing about behaviour and the provision of support services made between the new tenant, the landlord and the local housing authority for the district in which the dwelling-house which is to be subject to the new tenancy is situated (or between persons who include those persons);
“behaviour support services” means relevant support services to be provided by any person to—
the new tenant; or
any person who is to reside with the new tenant;
for the purpose of addressing the kind of behaviour which led to the new tenant falling within sub-paragraph (3)(a);
“family intervention tenancy” has the meaning given by sub-paragraph (3);
“landlord” has the meaning given by sub-paragraph (3);
“local housing authority” (and the reference to its district) has the same meaning as in the Housing Act 1985 (see sections 1 and 2(1) of that Act);
“the new tenant” has the meaning given by sub-paragraph (3)(a);
“registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996;
“relevant support services” means support services of a kind identified in a behaviour support agreement and designed to meet such needs of the recipient as are identified in the agreement.”
(3) This section does not apply to any tenancy granted before the coming into force of this section.
(1) A local housing authority must not serve a notice to quit on the tenant of a family intervention tenancy unless—
(a) the authority has served a notice under subsection (2) on the tenant, and
(b) either—
(i) the tenant has not requested a review of the kind mentioned in subsection (2)(e) within the period of 14 days beginning with the service of the notice,
(ii) any such request has been withdrawn, or
(iii) the authority has served a notice on the tenant under subsection (4)(b).
(2) A notice under this subsection is a notice in writing stating—
(a) that the authority has decided to serve a notice to quit on the tenant,
(b) the effect of serving a notice to quit,
(c) the reasons for the authority’s decision,
(d) when the authority is intending to serve the notice to quit, and
(e) that the tenant has the right to request, within the period of 14 days beginning with the service of the notice under this subsection, a review of the authority’s decision.
(3) Subsection (4) applies if the tenant requests a review of the kind mentioned in subsection (2)(e) within the period of 14 days beginning with the service of the notice under subsection (2) and the request is not withdrawn.
(4) The local housing authority must—
(a) review its decision to serve a notice to quit on the tenant, and
(b) serve a notice on the tenant informing the tenant of the decision of the authority on the review and the reasons for it.
(5) The appropriate national authority may by regulations make provision about the procedure to be followed in connection with such a review.
(6) Regulations under subsection (5) may, in particular—
(a) specify the description of person who is to make the decision on a review,
(b) specify the circumstances in which the tenant is entitled to an oral hearing on a review,
(c) specify whether, and by whom, the tenant is entitled to be represented at such a hearing.
(7) A notice under subsection (2), and a notice to quit, served by a local housing authority in respect of a family intervention tenancy must contain advice to the tenant as to how the tenant may be able to obtain assistance in relation to the notice.
(8) The appropriate national authority may by regulations make provision about the type of advice to be provided in such notices.
(9) In this section—
“appropriate national authority” means—
in relation to England, the Secretary of State, and
in relation to Wales, the Welsh Ministers,
“family intervention tenancy” has the same meaning as in paragraph 4ZA of Schedule 1 to the Housing Act 1985 (c. 68),
and other expressions used in this section and in paragraph 4ZA of that Schedule have the same meaning as in that paragraph.
(10) This section does not apply to any tenancy granted before the coming into force of this section.
Schedule 11 (which makes provision about possession orders and their effect on secure tenancies, assured tenancies, introductory tenancies and demoted tenancies including provision about the status of existing occupiers) has effect.
(1) In section 1(1) of the Leasehold Reform Act 1967 (c. 88) (right to enfranchisement or extension of long leaseholds)—
(a) in paragraph (a) omit “at a low rent”,
(b) before “and” at the end of paragraph (a) insert—
“(aa) in the case of a right to acquire an extended lease, his long tenancy is a tenancy at a low rent;”, and
(c) in paragraph (b) after “he has” insert “—
(i) in the case of a right to acquire the freehold, been tenant of the house under a long tenancy for the last two years; and
(ii) in the case of a right to acquire an extended lease,”.
(2) In that Act—
(a) in section 1(1A) (excluded tenancies)—
(i) for “subsection (1)(a) and (b)” substitute “subsection (1)”, and
(ii) omit “at a low rent”, and
(b) omit—
(i) section 1A(2) (certain deemed low rent tenancies),
(ii) section 1AA (additional right to enfranchisement where tenancy not low rent tenancy), and
(iii) section 4A (alternative rent limits for purposes of section 1A(2)).
(1) After paragraph 3 of Schedule 4A to the Leasehold Reform Act 1967 (exclusion from enfranchisement for certain shared ownership leases granted by housing associations) insert—
“3A (1) A lease which does not fall within paragraph 3 is excluded from the operation of this Part of this Act if the lease—
(a) meets the conditions mentioned in sub-paragraph (2);
(b) meets any other prescribed conditions; and
(c) does not fall within any prescribed exemptions.
(2) The conditions referred to in sub-paragraph (1)(a) are that the lease—
(a) was granted for a term of 99 years or more and is not (and cannot become) terminable except in pursuance of a provision for re-entry or forfeiture;
(b) was granted at a premium, calculated by reference to the value of the house or the cost of providing it, of not less than 25 per cent, or such other percentage as may be prescribed, of the figure by reference to which it was calculated;
(c) provides for the tenant to acquire additional shares in the house on terms specified in the lease and complying with such requirements as may be prescribed;
(d) does not restrict the tenant’s powers to mortgage or charge his interest in the house;
(e) if it enables the landlord to require payment for outstanding shares in the house, does so only in such circumstances as may be prescribed;
(f) provides for the tenant to acquire the landlord’s interest on terms specified in the lease and complying with such requirements as may be prescribed; and
(g) states the landlord’s opinion that by virtue of this paragraph the lease is excluded from the operation of this Part of this Act.
(3) In any proceedings the court may, if it considers that it is just and equitable to do so, treat a lease as meeting the conditions mentioned in sub-paragraph (2) despite the fact that the condition specified in paragraph (g) of that sub-paragraph is not met.
(2) For the italic heading before paragraph 3 of that Schedule to that Act substitute—
(1) After paragraph 4 of Schedule 4A to the Leasehold Reform Act 1967 (c. 88) (exclusion from enfranchisement for certain shared ownership leases for the elderly) insert—
4A (1) A lease which does not fall within paragraph 3 or 3A is excluded from the operation of this Part of this Act if—
(a) the lease meets the conditions mentioned in sub-paragraph (2);
(b) any provision in the lease for the tenant to acquire the landlord’s interest provides for the tenant to acquire the interest on terms specified in the lease and complying with such requirements as may be prescribed;
(c) the lease meets any other prescribed conditions;
(d) the lease does not fall within any prescribed exemptions; and
(e) the house is in a protected area.
(2) The conditions referred to in sub-paragraph (1)(a) are that the lease—
(a) was granted for a term of 99 years or more and is not (and cannot become) terminable except in pursuance of a provision for re-entry or forfeiture;
(b) was granted at a premium, calculated by reference to the value of the house or the cost of providing it, of not less than 25 per cent, or such other percentage as may be prescribed, of the figure by reference to which it was calculated;
(c) provides for the tenant to acquire additional shares in the house on terms specified in the lease and complying with such requirements as may be prescribed;
(d) does not restrict the tenant’s powers to mortgage or charge his interest in the house;
(e) if it enables the landlord to require payment for outstanding shares in the house, does so only in such circumstances as may be prescribed; and
(f) states the landlord’s opinion that by virtue of this paragraph the lease is excluded from the operation of this Part of this Act.
(3) The appropriate national authority may by order made by statutory instrument designate an area as a protected area if it considers it appropriate to do so to support the provision in the area of houses, or descriptions of houses, which are available for occupation in accordance with shared ownership arrangements.
(4) The appropriate national authority must publish the criteria for the time being in force which are to be taken into account by it in deciding whether to designate an area as a protected area.
(5) Before making an order under sub-paragraph (3) the appropriate national authority must take such steps as it considers to be reasonable to consult those likely to be affected by the order.
(6) In any proceedings the court may, if it considers that it is just and equitable to do so, treat a lease as meeting the conditions mentioned in sub-paragraph (2) despite the fact that the condition mentioned in paragraph (f) of that sub-paragraph is not met.
(7) An order under this paragraph may contain such incidental, supplementary, transitory, transitional or saving provisions as the appropriate national authority considers appropriate.
(8) In this paragraph “shared ownership arrangements” has the same meaning as in section 70 of the Housing and Regeneration Act 2008.
(9) An instrument containing—
(a) an order of the Secretary of State under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament;
(b) an order of the Welsh Ministers under this paragraph is subject to annulment in pursuance of a resolution of the National Assembly for Wales.”
(2) In paragraph 5 of that Schedule to that Act (power to prescribe matters by regulations)—
(a) in sub-paragraph (1) for “Secretary of State” substitute “appropriate national authority”, and
(b) in sub-paragraph (2)—
(i) in paragraph (b) for “Secretary of State” substitute “appropriate national authority”,
(ii) after “which” insert “, in the case of regulations made by the Secretary of State,” and
(iii) after “Parliament” insert “and, in the case of regulations made by the Welsh Ministers, shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales”.
(3) After paragraph 6 of that Schedule to that Act (interpretation) insert—
“7 In this Schedule “appropriate national authority” means—
(a) in relation to England, the Secretary of State; and
(b) in relation to Wales, the Welsh Ministers.”
Schedule 12 (which relates to the provision of information about service charges and to service charge funds) has effect.
(1) For section 121(1) of the Housing Act 1985 (c. 68) (circumstances in which the right to buy cannot be exercised) substitute—
“(1) The right to buy cannot be exercised if the tenant is subject to an order of the court for possession of the dwelling-house.”
(2) Subsection (1) does not apply where the tenant has served a notice under section 122 of that Act (tenant’s notice claiming to exercise right to buy) before the coming into force of subsection (1) above and the notice is not withdrawn.
Schedule 13 (which makes provision about demolition notices) has effect.
(1) The Housing Act 1985 is amended as follows.
(2) After section 128 (determination of value by district valuer) insert—
(1) Subsection (2) applies if the value of a dwelling-house has been determined or re-determined under section 128 (“the section 128 determination”).
Housing and Regeneration Act 2008