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121B | Provision of information |
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(1) | This section sets out when the document prepared by a body under |
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section 121 is to be published or otherwise made available. |
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(a) | publish the document (whether in its original or a revised |
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(b) | supply copies of it to the body’s secure tenants, |
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| at such times as may be prescribed by, and otherwise in accordance |
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with, an order made by the Secretary of State. |
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(3) | The body shall make copies of the current version of the document |
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available to be supplied, free of charge, to persons requesting them. |
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(4) | The copies must be made available for that purpose— |
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(a) | at the body’s principal offices, and |
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(b) | at such other places as it considers appropriate, |
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(5) | The body shall take such steps as it considers appropriate to bring to the |
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attention of its secure tenants the fact that copies of the current version |
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of the document can be obtained free of charge from the places where, |
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and at the times when, they are made available in accordance with |
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(6) | In this section any reference to the current version of the document is to |
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the version of the document that was last published by the body in |
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accordance with subsection (2)(a). |
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(7) | An order under this section shall be made by statutory instrument |
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which shall be subject to annulment in pursuance of a resolution of |
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either House of Parliament.” |
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(2) | In section 104(1) (provision of information about tenancies), in paragraph (b) |
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(information about Part 4 and Part 5), omit “and Part V (the right to buy)”. |
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Right to buy: termination of rent to mortgage scheme |
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154 | Termination of rent to mortgage scheme |
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(1) | Before section 143 of the Housing Act 1985 (c. 68) insert— |
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“142A | Termination of the right to acquire on rent to mortgage terms |
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(1) | As from the termination date, the right to acquire on rent to mortgage |
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terms is not exercisable except in pursuance of a notice served under |
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section 144 before that date. |
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(2) | In this section “the termination date” means the date falling 8 months |
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after the date of the passing of the Housing Act 2004.” |
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(2) | In section 143(1) of that Act after “sections” insert “142A,”. |
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(3) | In section 144(1) of that Act for “A secure tenant” substitute “Subject to section |
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Suspension of certain rights in connection with anti-social behaviour |
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155 | Secure tenancies: withholding of consent to mutual exchange |
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(1) | In Schedule 3 to the Housing Act 1985 (c. 68) (grounds for withholding consent |
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to assignment by way of exchange) after Ground 2 insert— |
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(a) | a relevant order or suspended Ground 2 or 14 possession |
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(b) | an application is pending before any court for a relevant |
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order, a demotion order or a Ground 2 or 14 possession order |
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| in respect of the tenant or the proposed assignee or a person who is |
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residing with either of them. |
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| A “relevant order” means— |
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| an injunction under section 152 of the Housing Act 1996 |
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(injunctions against anti-social behaviour); |
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| an injunction to which a power of arrest is attached by virtue of |
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section 153 of that Act (other injunctions against anti-social |
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| an injunction under section 153A, 153B or 153D of that Act |
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(injunctions against anti-social behaviour on application of |
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certain social landlords); or |
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| an injunction to which a power of arrest is attached by virtue of |
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section 43 of the Anti-social Behaviour Act 2003. |
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| A “demotion order” means a demotion order under section 82A of |
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this Act or section 6A of the Housing Act 1988. |
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| A “Ground 2 or 14 possession order” means an order for possession |
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under Ground 2 in Schedule 2 to this Act or Ground 14 in Schedule |
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2 to the Housing Act 1988. |
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| Where the tenancy of the tenant or the proposed assignee is a joint |
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tenancy, any reference to that person includes (where the context |
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permits) a reference to any of the joint tenants.” |
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(2) | The amendment made by this section applies in relation to applications for |
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consent under section 92 of that Act (assignments by way of exchange) which |
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are made on or after the day on which this section comes into force. |
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156 | Right to buy: suspension of landlord’s obligation to complete |
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(1) | In section 138 of the Housing Act 1985 (duty of landlord to convey freehold or |
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grant lease) after subsection (2) insert— |
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“(2A) | If an application is pending before any court for a demotion order or |
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Ground 2 possession order to be made in respect of the tenant, the |
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landlord is not bound to comply with subsection (1) until such time (if |
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(a) | the application is determined without a demotion order, or (as |
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the case may be) an operative Ground 2 possession order, being |
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made in respect of the tenant, or |
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|
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|
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(b) | the application is withdrawn. |
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(2B) | For the purposes of subsection (2A)— |
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| “demotion order” means a demotion order under section 82A; |
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| “Ground 2 possession order” means an order for possession under |
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| “operative Ground 2 possession order” means an order made |
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under that Ground which requires possession of the dwelling- |
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house to be given up on a date specified in the order.” |
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(2) | The amendment made by this section does not apply in any case where the |
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tenant’s notice under section 122 of that Act (notice claiming to exercise right |
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to buy) was served before the day on which this section comes into force. |
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157 | Disclosure of information as to orders etc. in respect of anti-social behaviour |
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(1) | Any person may disclose relevant information to a landlord under a secure |
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tenancy if the information is disclosed for the purpose of enabling the |
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(a) | to decide whether either of the provisions of the Housing Act 1985 |
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(c. 68) mentioned in subsection (2) can be invoked in relation to the |
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tenant under the tenancy; or |
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(b) | to take any appropriate action in relation to the tenant in reliance on |
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either of those provisions. |
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(a) | Ground 2A in Schedule 3 (withholding of consent to mutual exchange |
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where order in force or application pending in connection with anti- |
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(b) | section 138(2A) (landlord’s obligation to complete suspended while |
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application pending in connection with such behaviour). |
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(a) | “relevant information” means information relating to any order or |
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application relevant for the purposes of either of the provisions |
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mentioned in subsection (2), including (in particular) information |
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identifying the person in respect of whom any such order or |
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application has been made; |
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(b) | “secure tenancy” has the meaning given by section 79 of the Housing |
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(c) | any reference to the tenant under a secure tenancy is, in relation to a |
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joint tenancy, a reference to any of the joint tenants. |
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Discounts on disposals not involving right to buy |
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Discounts on disposals by local authorities |
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158 | Repayment of discount: periods and amounts applicable |
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(1) | Section 35 of the Housing Act 1985 (repayment of discount on early disposal) |
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is amended in accordance with subsections (2) and (3). |
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|
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|
(2) | In subsection (2) for the words from “to pay to the authority” to the end of the |
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subsection substitute “to the following effect.” |
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(3) | After subsection (2) insert— |
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“(3) | The covenant shall be to pay to the authority such sum (if any) as the |
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authority may demand in accordance with subsection (4) on the |
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occasion of the first relevant disposal (other than an exempted disposal) |
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which takes place within the period of five years beginning with the |
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conveyance, grant or assignment. |
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(4) | The authority may demand such sum as they consider appropriate, up |
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to and including the maximum amount specified in this section. |
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(5) | The maximum amount which may be demanded by the authority is a |
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percentage of the price or premium paid for the first relevant disposal |
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which is equal to the percentage discount given to the purchaser in |
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respect of the disposal of the house under section 32. |
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(6) | But for each complete year which has elapsed after the conveyance, |
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grant or assignment and before the first relevant disposal the maximum |
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amount which may be demanded by the landlord is reduced by one- |
| |
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(7) | Subsections (4) to (6) are subject to section 35B.” |
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(4) | The amendments made by this section do not apply in any case where— |
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(a) | the purchaser has accepted an offer for the disposal of the house from |
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(b) | the authority has accepted an offer for the disposal of the house from |
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| before the day on which this section comes into force. |
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(5) | Subsection (6), however, applies in any such case if the first relevant disposal |
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by the purchaser to which the covenant for repayment of discount applies |
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takes place on or after the day on which this section comes into force. |
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(6) | In the following provisions— |
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(a) | section 35(2) of the Housing Act 1985 (c. 68) (as it has effect without the |
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amendments made by this section), and |
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(b) | any covenant for repayment of discount, |
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| any reference (however expressed) to a person being liable to pay an amount |
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to the authority on demand is to be read as a reference to his being liable to pay |
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to the authority so much of that amount (if any) as the authority may demand. |
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(7) | In subsections (5) and (6) “covenant for repayment of discount” means the |
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covenant contained in a conveyance, grant or assignment in accordance with |
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159 | Repayment of discount: increase attributable to home improvements to be |
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After section 35 of the Housing Act 1985 insert— |
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“35A | Increase in value of house attributable to home improvements |
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(1) | In calculating the maximum amount which may be demanded by the |
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authority under section 35, such amount (if any) of the price or |
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|
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|
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|
premium paid for the first relevant disposal which is attributable to |
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improvements made to the house— |
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(a) | by the person by whom the disposal is, or is to be, made, and |
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(b) | after the conveyance, grant or assignment and before the |
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(2) | The amount to be disregarded under this section shall be such amount |
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as may be agreed between the parties or determined by the district |
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(3) | The district valuer shall not be required by virtue of this section to make |
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a determination for the purposes of this section unless— |
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(a) | it is reasonably practicable for him to do so; and |
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(b) | his reasonable costs in making the determination are paid by |
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the person by whom the disposal is, or is to be, made. |
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(4) | If the district valuer does not make a determination for the purposes of |
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this section (and in default of an agreement), no amount is required to |
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be disregarded under this section.” |
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160 | Deferred resale agreements |
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(1) | After section 39 of the Housing Act 1985 (c. 68) insert— |
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| “39A Treatment of deferred resale agreements for purposes of section 35 |
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(1) | If a purchaser or his successor in title enters into an agreement within |
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subsection (3), any liability arising under the covenant required by |
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section 35 shall be determined as if a relevant disposal which is not an |
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exempted disposal had occurred at the appropriate time. |
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(2) | In subsection (1) “the appropriate time” means— |
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(a) | the time when the agreement is entered into, or |
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(b) | if it was made before the beginning of the discount repayment |
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period, immediately after the beginning of that period. |
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(3) | An agreement is within this subsection if it is an agreement between the |
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purchaser or his successor in title and any other person— |
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(a) | which is made (expressly or impliedly) in contemplation of, or |
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in connection with, a disposal to be made, or made, under |
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(b) | which is made before the end of the discount repayment period, |
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(c) | under which a relevant disposal (other than an exempted |
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disposal) is or may be required to be made to any person after |
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(4) | Such an agreement is within subsection (3)— |
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(a) | whether or not the date on which the relevant disposal is to take |
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place is specified in the agreement, and |
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(b) | whether or not any requirement to make that disposal is or may |
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be made subject to the fulfilment of any condition. |
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(5) | The Secretary of State may by order provide— |
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(a) | for subsection (1) to apply to agreements of any description |
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specified in the order in addition to those within subsection (3); |
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(b) | for subsection (1) not to apply to agreements of any description |
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so specified to which it would otherwise apply. |
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(6) | An order under subsection (5)— |
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(a) | may make different provision with respect to different cases or |
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descriptions of case; and |
| |
(b) | shall be made by statutory instrument which shall be subject to |
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annulment in pursuance of a resolution of either House of |
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| “agreement” includes arrangement; |
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| “the discount repayment period” means the period of 3 years that |
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applies for the purposes of section 35(2) or the period of five |
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years that applies for the purposes of section 35(3) (depending |
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on whether an offer such as is mentioned in section 158(4) of the |
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Housing Act 2004 was made before or on or after the coming |
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into force of that section).” |
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(2) | The amendment made by this section does not apply in relation to any |
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agreement or arrangement made before the the day on which this section |
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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 |
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(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 |
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(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 |
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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 |
| |
|
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|
| |
|
amount which may be demanded by the landlord is reduced by one- |
| |
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(6) | Subsections (3) to (5) are subject to section 11A. |
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| 11A Increase in value of house attributable to home improvements to be |
| |
| 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 |
| |
| |
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(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 |
| |
(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. |
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| 11B Liability to repay is a charge on the house |
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(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 |
| |
(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, |
| |
| |
(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 |
| |
| |
(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 |
| |
(b) | the landlord has accepted an offer for the disposal of the house from the |
| |
| |
| before the day on which this section comes into force. |
| |
|
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|