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Housing Act 1988

1988 CHAPTER 50

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Rented Accommodation

    1. Chapter I

      Assured Tenancies

      1. Meaning of assured tenancy etc.

        1. 1. Assured tenancies.

        2. 2. Letting of a dwelling-house together with other land.

        3. 3. Tenant sharing accommodation with persons other than landlord.

        4. 4. Certain sublettings not to exclude any part of sublessor’s premises from assured tenancy.

      2. Security of tenure

        1. 5. Security of tenure.

        2. 6. Fixing of terms of statutory periodic tenancy.

        3. 7. Orders for possession.

        4. 8. Notice of proceedings for possession.

        5. 9. Extended discretion of court in possession claims.

        6. 10. Special provisions applicable to shared accommodation.

        7. 11. Payment of removal expenses in certain cases.

        8. 12. Compensation for misrepresentation or concealment.

      3. Rent and other terms

        1. 13. Increases of rent under assured periodic tenancies.

        2. 14. Determination of rent by rent assessment committee.

        3. 15. Limited prohibition on assignment etc. without consent.

        4. 16. Access for repairs.

      4. Miscellaneous

        1. 17. Succession to assured periodic tenancy by spouse.

        2. 18. Provisions as to reversions on assured tenancies.

        3. 19. Restriction on levy of distress for rent.

    2. Chapter II

      Assured Shorthold Tenancies

      1. 20. Assured shorthold tenancies.

      2. 21. Recovery of possession on expiry or termination of assured shorthold tenancy.

      3. 22. Reference of excessive rents to rent assessment committee.

      4. 23. Termination of rent assessment committee’s functions.

    3. Chapter III

      Assured Agricultural Occupancies

      1. 24. Assured agricultural occupancies.

      2. 25. Security of tenure.

      3. 26. Rehousing of agricultural workers etc.

    4. Chapter IV

      Protection from Eviction

      1. 27. Damages for unlawful eviction.

      2. 28. The measure of damages.

      3. 29. Offences of harassment.

      4. 30. Variation of scope of 1977 ss.3 and 4.

      5. 31. Excluded tenancies and licences.

      6. 32. Notice to quit etc.

      7. 33. Interpretation of Chapter IV and the 1977 Act.

    5. Chapter V

      Phasing out of Rent Acts and other Transitional Provisions

      1. 34. New protected tenancies and agricultural occupancies restricted to special cases.

      2. 35. Removal of special regimes for tenancies of housing associations etc.

      3. 36. New restricted contracts limited to transitional cases.

      4. 37. No further assured tenancies under Housing Act 1980.

      5. 38. Transfer of existing tenancies from public to private sector.

      6. 39. Statutory tenants: succession.

    6. Chapter VI

      General Provisions

      1. 40. Jurisdiction of county courts.

      2. 41. Rent assessment committees: procedure and information powers.

      3. 42. Information as to determinations of rents.

      4. 43. Powers of local authorities for purposes of giving information.

      5. 44. Application to Crown Property.

      6. 45. Interpretation of Part I.

  2. Part II

    Housing Associations

    1. Housing for Wales

      1. 46. Housing for Wales.

      2. 47. Transfer to Housing for Wales of regulation etc. of housing associations based in Wales.

    2. Registration and issue of guidance

      1. 48. Permissible purposes, objects or powers.

      2. 49. Guidance as to management of accommodation by registered housing associations.

    3. Grants: functions of Corporation

      1. 50. Housing association grants.

      2. 51. Revenue deficit grants.

      3. 52. Recovery etc. of grants.

      4. 53. Determinations under Part II.

    4. Grants: functions of Secretary of State

      1. 54. Tax relief grants.

      2. 55. Surplus rental income.

    5. Miscellaneous and supplemental

      1. 56. Duty of Housing Corporation and Housing for Wales in relation to racial discrimination.

      2. 57. Delegation of certain functions.

      3. 58. Application of Housing Acts to certain transactions.

      4. 59. Interpretation of Part II and amendments of Housing Associations Act 1985.

  3. Part III

    Housing Action Trust Areas

    1. Areas and trusts

      1. 60. Housing action trust areas.

      2. 61. Consultation and publicity.

      3. 62. Housing action trusts.

      4. 63. Objects and general powers of housing action trusts.

      5. 64. The housing action trust’s proposals for its area.

    2. Functions

      1. 65. Housing action trust as housing authority etc.

      2. 66. Planning control.

      3. 67. Housing action trust as planning authority.

      4. 68. Public health.

      5. 69. Highways.

      6. 70. Co-operation on homelessness between local housing authorities and housing action trusts.

      7. 71. Power to give financial assistance.

      8. 72. Directions as to exercise of functions.

      9. 73. Transfer of functions.

    3. Transfer of housing accommodation etc.

      1. 74. Transfer of land and other property to housing action trusts.

      2. 75. Supplementary provisions as to transfer orders.

    4. Vesting and acquisition of land

      1. 76. Vesting by order in housing action trust.

      2. 77. Acquisition by housing action trust.

      3. 78. Supplementary provisions as to vesting, acquisition and compensation.

    5. Disposals of land

      1. 79. Disposal of land by housing action trusts.

      2. 80. Disposals made without consent.

      3. 81. Consent required for certain subsequent disposals.

      4. 82. Power of Corporation to provide legal assistance to tenants after disposal.

    6. Secure tenancies and right to buy

      1. 83. Application of Parts IV and V of Housing Act 1985.

      2. 84. Provisions applicable to disposals of dwelling-houses subject to secure tenancies.

    7. Rents

      1. 85. Rents generally.

      2. 86. Increase of rent where tenancy not secure.

    8. Agency and dissolution

      1. 87. Agency agreements.

      2. 88. Dissolution of housing action trust.

    9. Miscellaneous and general

      1. 89. Supply of goods and services.

      2. 90. Information.

      3. 91. Service of notices.

      4. 92. Interpretation of Part III.

  4. Part IV

    Change of Landlord: Secure Tenants

    1. Preliminary

      1. 93. Right conferred by Part IV.

      2. 94. Persons by whom right may be exercised.

      3. 95. Property excluded from right.

    2. Initial procedures

      1. 96. Application to exercise right.

      2. 97. Information etc. for applicant.

      3. 98. Determination of property to be included.

      4. 99. Determination of purchase price.

    3. Special cases

      1. 100. Tenants continuing as tenants of landlord.

      2. 101. Tenancies granted after relevant date.

    4. Final procedures

      1. 102. Consultations by applicant.

      2. 103. Notice by applicant of intention to proceed.

      3. 104. Duty to complete and consequences of completion.

    5. Subsequent disposals

      1. 105. Consent required for subsequent disposals.

    6. Supplemental

      1. 106. Service of information, advice and assistance.

      2. 107. Power of Corporation to provide legal assistance to tenants in relation to acquisitions.

      3. 108. Registration of title and related matters.

      4. 109. Public open space etc.

      5. 110. Extension etc. of relevant periods.

      6. 111. Power to prescribe forms etc.

      7. 112. Orders and regulations.

      8. 113. Jurisdiction of county court.

      9. 114. Interpretation of Part IV.

  5. Part V

    Miscellaneous and General

    1. Leases

      1. 115. Premiums on long leases.

      2. 116. Repairing obligations in short leases.

      3. 117. Certain tenancies excluded from bankrupt’s estate.

      4. 118. Certain tenancies excluded from debtor’s estate: Scotland.

      5. 119. Amendment of Landlord and Tenant Act 1987.

    2. Rent officers

      1. 120. Appointment etc. of rent officers.

      2. 121. Rent officers: additional functions relating to housing benefit etc.

    3. Right to buy etc. and grants to obtain accommodation

      1. 122. Variation of cost floor for right to buy discount.

      2. 123. Amendment of Schedule 5 to Housing Act 1985.

      3. 124. Right to buy: tenant’s sanction for landlord’s delays.

      4. 125. Restriction on letting etc. of certain houses in National Parks etc.

      5. 126. Restriction on disposal of dwelling-houses in National Parks etc. acquired under the right to buy.

      6. 127. Preserved right to buy.

      7. 128. Preservation of right to buy on disposal to private sector landlord: Scotland.

      8. 129. Schemes for payments to assist local housing authority tenants to obtain other accommodation.

    4. Repair notices and improvement grants

      1. 130. Repair notices.

      2. 131. Letting conditions applicable to improvement grants etc.

    5. Disposals of housing stock

      1. 132. Consents to disposals of housing stock and application of receipts.

      2. 133. Consent required for certain subsequent disposals.

      3. 134. Consent required for certain subsequent disposals: Scotland.

      4. 135. Consultation before disposal: Scotland.

      5. 136. Application of capital money to meet costs of disposals of land.

    6. Codes of practice

      1. 137. Codes of practice in field of rented housing.

    7. Supplementary

      1. 138. Financial provisions.

      2. 139. Application to Isles of Scilly.

      3. 140. Amendments and repeals.

      4. 141. Short title, commencement and extent.

  6. Schedules:

    1. Schedule 1

      Tenancies which cannot be assured tenancies.

    2. Schedule 2

      Grounds for possession of dwelling-houses let on assured tenancies.

    3. Schedule 3

      Agricultural worker conditions.

    4. Schedule 4

      Statutory tenants: succession.

    5. Schedule 5

      Housing for Wales.

    6. Schedule 6

      Amendments of Housing Associations Act 1985.

    7. Schedule 7

      Housing action trusts: constitution.

    8. Schedule 8

      Housing action trusts: finance etc.

    9. Schedule 9

      Orders vesting land in housing action trusts.

    10. Schedule 10

      Housing action trusts: land.

    11. Schedule 11

      Provisions applicable to certain disposals of houses.

    12. Schedule 12

      Registration of title and related matters.

    13. Schedule 13

      Amendments of Landlord and Tenant Act 1987.

    14. Schedule 14

      Appointment etc. of rent officers.

    15. Schedule 15

      Repair notices: amendments of Housing Act 1985, Part VI.

    16. Schedule 16

      Schedule to be inserted in the Housing (Scotland) Act 1987.

    17. Schedule 17

      Minor and consequential amendments.

    18. Schedule 18

      Enactments repealed.

An Act to make further provision with respect to dwelling-houses let on tenancies or occupied under licences; to amend the Rent Act 1977 and the Rent (Agriculture) Act 1976; to establish a body, Housing for Wales, having functions relating to housing associations; to amend the Housing Associations Act 1985 and to repeal and re-enact with amendments certain provisions of Part II of that Act; to make provision for the establishment of housing action trusts for areas designated by the Secretary of State; to confer on persons approved for the purpose the right to acquire from public sector landlords certain dwelling-houses occupied by secure tenants; to make further provision about rent officers, the administration of housing benefit and rent allowance subsidy, the right to buy, repair notices and certain disposals of land and the application of capital money arising thereon; to make provision consequential upon the Housing (Scotland) Act 1988; and for connected purposes.

[15th November 1988]

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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