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Session 2003 - 04
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Housing Bill


Housing Bill
Part 6 — Other provisions about housing
Chapter 1 — Secure tenancies

106

 

121B    

Provision of information

(1)   

This section sets out when the document prepared by a body under

section 121 is to be published or otherwise made available.

(2)   

The body shall—

(a)   

publish the document (whether in its original or a revised

5

form), and

(b)   

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

10

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, and

(b)   

at such other places as it considers appropriate,

   

at reasonable hours.

15

(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).

20

(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

25

either House of Parliament.”

(2)   

In section 104(1) (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: termination of rent to mortgage scheme

154     

Termination of rent to mortgage scheme

30

(1)   

Before section 143 of the Housing Act 1985 (c. 68) insert—

“142A   

 Termination of the right to acquire on rent to mortgage terms

(1)   

As from the termination date, the right to acquire on rent to mortgage

terms is not exercisable except in pursuance of a notice served under

section 144 before that date.

35

(2)   

In this section “the termination date” means the date falling 8 months

after the date of the passing of the Housing Act 2004.”

(2)   

In section 143(1) of that Act after “sections” insert “142A,”.

(3)   

In section 144(1) of that Act for “A secure tenant” substitute “Subject to section

142A, a secure tenant”.

40

 

 

Housing Bill
Part 6 — Other provisions about housing
Chapter 1 — Secure tenancies

107

 

Suspension of certain rights in connection with anti-social behaviour

155     

Secure tenancies: withholding of consent to mutual exchange

(1)   

In Schedule 3 to the Housing Act 1985 (c. 68) (grounds for withholding consent

to assignment by way of exchange) after Ground 2 insert—

“Ground 2A

5

           

Either—

(a)   

a relevant order or suspended Ground 2 or 14 possession

order is in force, or

(b)   

an application is pending before any court for a relevant

order, a demotion order or a Ground 2 or 14 possession order

10

to be made,

           

in respect of the tenant or the proposed assignee or a person who is

residing with either of them.

           

A “relevant order” means—

           

an injunction under section 152 of the Housing Act 1996

15

(injunctions against anti-social behaviour);

           

an injunction to which a power of arrest is attached by virtue of

section 153 of that Act (other injunctions against anti-social

behaviour);

           

an injunction under section 153A, 153B or 153D of that Act

20

(injunctions against anti-social behaviour on application of

certain social landlords); or

           

an injunction to which a power of arrest is attached by virtue of

section 43 of the Anti-social Behaviour Act 2003.

           

A “demotion order” means a demotion order under section 82A of

25

this Act or section 6A of the Housing Act 1988.

           

A “Ground 2 or 14 possession order” means an order for possession

under Ground 2 in Schedule 2 to this Act or Ground 14 in Schedule

2 to the Housing Act 1988.

           

Where the tenancy of the tenant or the proposed assignee is a joint

30

tenancy, any reference to that person includes (where the context

permits) a reference to any of the joint tenants.”

(2)   

The amendment made by this section applies in relation to applications for

consent under section 92 of that Act (assignments by way of exchange) which

are made on or after the day on which this section comes into force.

35

156     

Right to buy: suspension of landlord’s obligation to complete

(1)   

In section 138 of the Housing Act 1985 (duty of landlord to convey freehold or

grant lease) after subsection (2) insert—

“(2A)   

If an application is pending before any court for a demotion order or

Ground 2 possession order to be made in respect of the tenant, the

40

landlord is not bound to comply with subsection (1) until such time (if

any) as—

(a)   

the application is determined without a demotion order, or (as

the case may be) an operative Ground 2 possession order, being

made in respect of the tenant, or

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Housing Bill
Part 6 — Other provisions about housing
Chapter 2 — Discounts on disposals not involving right to buy

108

 

(b)   

the application is withdrawn.

(2B)   

For the purposes of subsection (2A)—

   

“demotion order” means a demotion order under section 82A;

   

“Ground 2 possession order” means an order for possession under

Ground 2 in Schedule 2;

5

   

“operative Ground 2 possession order” means an order made

under that Ground which requires possession of the dwelling-

house to be given up on a date specified in the order.”

(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

10

to buy) was served before the day on which this section comes into force.

157     

Disclosure of information as to orders etc. in respect of anti-social behaviour

(1)   

Any person may disclose relevant information to a landlord under a secure

tenancy if the information is disclosed for the purpose of enabling the

landlord—

15

(a)   

to decide whether either of the provisions of the Housing Act 1985

(c. 68) mentioned in subsection (2) can be invoked in relation to the

tenant under the tenancy; or

(b)   

to take any appropriate action in relation to the tenant in reliance on

either of those provisions.

20

(2)   

The provisions are—

(a)   

Ground 2A in Schedule 3 (withholding of consent to mutual exchange

where order in force or application pending in connection with anti-

social behaviour), and

(b)   

section 138(2A) (landlord’s obligation to complete suspended while

25

application pending in connection with such behaviour).

(3)   

In this section—

(a)   

“relevant information” means information relating to any order or

application relevant for the purposes of either of the provisions

mentioned in subsection (2), including (in particular) information

30

identifying the person in respect of whom any such order or

application has been made;

(b)   

“secure tenancy” has the meaning given by section 79 of the Housing

Act 1985; and

(c)   

any reference to the tenant under a secure tenancy is, in relation to a

35

joint tenancy, a reference to any of the joint tenants.

Chapter 2

Discounts on disposals not involving right to buy

Discounts on disposals by local authorities

158     

Repayment of discount: periods and amounts applicable

40

(1)   

Section 35 of the Housing Act 1985 (repayment of discount on early disposal)

is amended in accordance with subsections (2) and (3).

 

 

Housing Bill
Part 6 — Other provisions about housing
Chapter 2 — Discounts on disposals not involving right to buy

109

 

(2)   

In subsection (2) for the words from “to pay to the authority” to the end of the

subsection substitute “to the following effect.”

(3)   

After subsection (2) insert—

“(3)   

The covenant shall be to pay to the authority such sum (if any) as the

authority may demand in accordance with subsection (4) on the

5

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 authority may demand such sum as they consider appropriate, up

to and including the maximum amount specified in this section.

10

(5)   

The maximum amount which may be demanded by the authority 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 32.

(6)   

But for each complete year which has elapsed after the conveyance,

15

grant or assignment and before the first relevant disposal the maximum

amount which may be demanded by the landlord is reduced by one-

fifth.

(7)   

Subsections (4) to (6) are subject to section 35B.”

(4)   

The amendments made by this section do not apply in any case where—

20

(a)   

the purchaser has accepted an offer for the disposal of the house from

the authority, or

(b)   

the authority has accepted an offer for the disposal of the house from

the purchaser,

   

before the day on which this section comes into force.

25

(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)   

section 35(2) of the Housing Act 1985 (c. 68) (as it has effect without the

30

amendments made by this section), and

(b)   

any covenant for repayment of discount,

   

any reference (however expressed) to a person being liable to pay an amount

to the authority on demand is to be read as a reference to his being liable to pay

to the authority so much of that amount (if any) as the authority may demand.

35

(7)   

In subsections (5) and (6) “covenant for repayment of discount” means the

covenant contained in a conveyance, grant or assignment in accordance with

section 35 of that Act.

159     

Repayment of discount: increase attributable to home improvements to be

disregarded

40

After section 35 of the Housing Act 1985 insert—

“35A    

 Increase in value of house attributable to home improvements

(1)   

In calculating the maximum amount which may be demanded by the

authority under section 35, such amount (if any) of the price or

 

 

Housing Bill
Part 6 — Other provisions about housing
Chapter 2 — Discounts on disposals not involving right to buy

110

 

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, and

(b)   

after the conveyance, grant or assignment and before the

disposal,

5

   

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

10

a determination for the purposes of this section unless—

(a)   

it is reasonably practicable for him to do so; and

(b)   

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

15

this section (and in default of an agreement), no amount is required to

be disregarded under this section.”

160     

Deferred resale agreements

(1)   

After section 39 of the Housing Act 1985 (c. 68) insert—

“39A Treatment of deferred resale agreements for purposes of section 35

20

(1)   

If a purchaser or his successor in title enters into an agreement within

subsection (3), any liability arising under the covenant required by

section 35 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—

25

(a)   

the time when the agreement is entered into, or

(b)   

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

purchaser or his successor in title and any other person—

30

(a)   

which is made (expressly or impliedly) in contemplation of, or

in connection with, a disposal to be made, or made, under

section 32,

(b)   

which is made before the end of the discount repayment period,

and

35

(c)   

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 relevant disposal is to take

40

place is specified in the agreement, and

(b)   

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—

 

 

Housing Bill
Part 6 — Other provisions about housing
Chapter 2 — Discounts on disposals not involving right to buy

111

 

(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)—

5

(a)   

may make different provision with respect to different cases or

descriptions of case; and

(b)   

shall be made by statutory instrument which shall be subject to

annulment in pursuance of a resolution of either House of

Parliament.

10

(7)   

In this section—

   

“agreement” includes arrangement;

   

“the discount repayment period” means the period of 3 years that

applies for the purposes of section 35(2) or the period of five

years that applies for the purposes of section 35(3) (depending

15

on whether an offer such as is mentioned in section 158(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 the day on which this section

20

comes into force.

Discounts on disposals by registered social landlords

161     

Repayment of discount: periods and amounts payable

(1)   

For section 11 of the Housing Act 1996 (c. 52) substitute—

“11     

Covenant for repayment of discount on disposal

25

(1)   

Where on a disposal of a house by a registered social landlord, in

accordance with a consent given by the Relevant Authority under

section 9, a discount has been given to the purchaser, and the consent

does not provide otherwise, the conveyance, grant or assignment shall

contain a covenant binding on the purchaser and his successors in title

30

to the following effect.

(2)   

The covenant shall be to pay to the landlord such sum (if any) as the

landlord may demand in accordance with subsection (3) on the

occasion of the first relevant disposal which is not an exempted

disposal and which takes place within the period of five years

35

beginning with the conveyance, grant or assignment.

(3)   

The landlord may demand such sum as he considers appropriate, up to

and including the maximum amount specified in this section.

(4)   

The maximum amount which may be demanded by the landlord is a

percentage of the price or premium paid for the first relevant disposal

40

which is equal to the percentage discount given to the purchaser in

respect of the disposal of the house by the landlord.

(5)   

But for each complete year which has elapsed after the conveyance,

grant or assignment and before the first relevant disposal the maximum

 

 

Housing Bill
Part 6 — Other provisions about housing
Chapter 2 — Discounts on disposals not involving right to buy

112

 

amount which may be demanded by the landlord is reduced by one-

fifth.

(6)   

Subsections (3) to (5) are subject to section 11A.

11A Increase in value of house attributable to home improvements to be

disregarded

5

(1)   

In calculating the maximum amount which may be demanded by the

landlord under section 11, 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, and

10

(b)   

after the conveyance, grant or assignment 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

15

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; and

(b)   

his reasonable costs in making the determination are paid by

20

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.

11B Liability to repay is a charge on the house

25

(1)   

The liability that may arise under the covenant required by section 11

is a charge on the house, taking effect as if it had been created by deed

expressed to be by way of legal mortgage.

(2)   

Where there is a relevant disposal which is an exempted disposal by

virtue of section 15(4)(d) or (e) (compulsory disposal or disposal of

30

yard, garden, etc.)—

(a)   

the covenant required by section 11 is not binding on the person

to whom the disposal is made or any successor in title of his,

and

(b)   

the covenant and the charge taking effect by virtue of this

35

section cease to apply in relation to the property disposed of.”

(2)   

In section 12 for “section 11” in each place where it occurs substitute “section

11B”.

(3)   

The amendments made by this section do not apply in any case where—

(a)   

the purchaser has accepted an offer for the disposal of the house from

40

the landlord, or

(b)   

the landlord has accepted an offer for the disposal of the house from the

purchaser,

   

before the day on which this section comes into force.

 

 

 
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