|
| |
|
287 | Shared ownership leases: protection for hard to replace houses |
| |
After paragraph 4 of Schedule 4A to the Leasehold Reform Act 1967 (c. 88) |
| |
(exclusion from enfranchisement for certain shared ownership leases for the |
| |
| |
“Certain leases in protected areas |
| 5 |
4A (1) | A lease which does not fall within paragraph 3 is excluded from the |
| |
operation of this Part of this Act if— |
| |
(a) | the lease meets the conditions mentioned in sub-paragraph |
| |
(2) of that paragraph; and |
| |
(b) | the house is in a protected area. |
| 10 |
(2) | 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. |
| 15 |
(3) | 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. |
| |
(4) | Before making an order under sub-paragraph (2) the appropriate |
| |
national authority must take such steps as it considers to be |
| 20 |
reasonable to consult those likely to be affected by the order. |
| |
(5) | 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 paragraph 3(2) despite the fact that the condition mentioned in |
| |
paragraph 3(2)(g) is not met. |
| 25 |
(6) | An order under this paragraph may contain such incidental, |
| |
supplementary, transitory, transitional or saving provisions as the |
| |
appropriate national authority considers appropriate. |
| |
| |
“appropriate national authority” means— |
| 30 |
(a) | in relation to England, the Secretary of State; and |
| |
(b) | in relation to Wales, the Welsh Ministers; and |
| |
“shared ownership arrangements” has the same meaning as in |
| |
section 71 of the Housing and Regeneration Act 2008. |
| |
(8) | An instrument containing— |
| 35 |
(a) | an order of the Secretary of State under this paragraph is |
| |
subject to annulment in pursuance of a resolution of either |
| |
| |
(b) | an order of the Welsh Ministers under this paragraph is |
| |
subject to annulment in pursuance of a resolution of the |
| 40 |
National Assembly for Wales.” |
| |
|
| |
|
| |
|
Right to buy etc: miscellaneous |
| |
288 | Exclusion of the right to buy: possession orders |
| |
(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 |
| 5 |
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. |
| |
289 | Exclusion of the right to buy: demolition notices |
| 10 |
Schedule 9 (which makes provision about demolition notices) has effect. |
| |
290 | Review of determination of value |
| |
(1) | The Housing Act 1985 is amended as follows. |
| |
(2) | After section 128 (determination of value by district valuer) insert— |
| |
“128A | Determination of value: review notices |
| 15 |
(1) | Subsection (1) applies if the value of a dwelling-house has been |
| |
determined or re-determined under section 128 (“the section 128 |
| |
| |
(2) | The district valuer may— |
| |
(a) | on the valuer’s own initiative, or |
| 20 |
(b) | at the request of the landlord or the tenant of the dwelling- |
| |
| |
| serve on the landlord and the tenant a notice of intention to review the |
| |
section 128 determination giving reasons for the intention (“a review |
| |
| 25 |
(3) | The landlord or the tenant may not make such a request after the end |
| |
of the period of 28 days beginning with the section 128(5) service date. |
| |
(4) | The district valuer must, before the end of the period of 14 days |
| |
beginning with the day on which such a request is made, serve on the |
| |
| 30 |
| |
| |
(i) | that the request was made; |
| |
(ii) | that the district valuer has decided not to comply with |
| |
| 35 |
(iii) | the reasons for the decision. |
| |
(5) | A review notice may not be served after the end of the period of 42 days |
| |
beginning with the section 128(5) service date. |
| |
(6) | In this section and section 128B— |
| |
“a review notice” has the meaning given by subsection (1); |
| 40 |
|
| |
|
| |
|
“the section 128 determination” has the meaning given by |
| |
| |
“the section 128(5) service date” means the day on which the |
| |
landlord serves a notice on the tenant under section 128(5) in |
| |
relation to the section 128 determination. |
| 5 |
128B | Review of determination of value |
| |
(1) | The district valuer must review the section 128 determination as soon |
| |
as reasonably practicable after serving a review notice. |
| |
(2) | Subsection (3) applies if, following the review, the district valuer |
| |
decides that neither of the withdrawal conditions is met. |
| 10 |
(3) | The district valuer must, as soon as reasonably practicable, serve on the |
| |
landlord and the tenant a notice stating— |
| |
| |
(b) | the reasons for it; and |
| |
(c) | that no further determination or (as the case may be) re- |
| 15 |
determination is to be made under this section. |
| |
(4) | Subsection (5) applies if, following the review, the district valuer |
| |
decides that either withdrawal condition is met or both are met. |
| |
(5) | The district valuer must— |
| |
(a) | as soon as reasonably practicable, withdraw the section 128 |
| 20 |
determination by serving a further determination notice on the |
| |
landlord and the tenant; and |
| |
(b) | make a further determination or (as the case may be) re- |
| |
| |
(6) | Before making such a determination or re-determination, the district |
| 25 |
valuer must consider any representation made to the valuer by the |
| |
landlord or the tenant before the end of the period of 14 days beginning |
| |
with the day on which the further determination notice was served. |
| |
(7) | As soon as practicable after such a determination or re-determination |
| |
has been made, the landlord must serve on the tenant a determination |
| 30 |
| |
(8) | A determination effect notice is a notice stating— |
| |
(a) | the effect of the further determination or (as the case may be) re- |
| |
| |
(b) | the matters mentioned in section 125(2) and (3). |
| 35 |
(9) | For the purposes of this section, the withdrawal conditions are— |
| |
(a) | that a significant error was made in the section 128 |
| |
| |
(b) | that the district valuer did not comply with section 128(4) in |
| |
relation to the section 128 determination. |
| 40 |
| |
“a further determination notice” is a notice stating— |
| |
(a) | that the section 128 determination is withdrawn; |
| |
(b) | the reasons for the withdrawal; and |
| |
|
| |
|
| |
|
(c) | that a further determination or (as the case may be) re- |
| |
determination will be made; |
| |
“significant error”, in relation to the section 128 determination, |
| |
means an error of fact, or a number of such errors, made in the |
| |
section 128 determination as a result of which the value of the |
| 5 |
dwelling-house determined or (as the case may be) re- |
| |
determined was at least 5% more or less than it would otherwise |
| |
| |
(3) | In section 125D(2) (period for serving tenant’s notice of intention), after |
| |
paragraph (b), insert “, and |
| 10 |
(c) | where that determination or re-determination is withdrawn |
| |
and a further determination or re-determination made under |
| |
section 128B, the service of a notice under subsection (7) of that |
| |
section (a determination effect notice).” |
| |
(4) | In section 136(2) (period for serving notice of intention where there is a change |
| 15 |
of secure tenant), after paragraph (b), insert “, and |
| |
(c) | where that determination or re-determination is withdrawn |
| |
and a further determination or re-determination made under |
| |
section 128B, the service of a notice under subsection (7) of that |
| |
section (a determination effect notice).” |
| 20 |
(5) | In section 140(4) (circumstances in which landlord’s first notice to complete |
| |
may not be served), after paragraph (a), insert— |
| |
“(aa) | a review notice (within the meaning of section 128A) has been |
| |
served in relation to such a determination or re-determination |
| |
and the district valuer has neither— |
| 25 |
(i) | served a notice under section 128B(3) (refusal to make |
| |
further determination), nor |
| |
(ii) | served a notice under section 128B(7) (a determination |
| |
| |
(6) | In section 181(1) (jurisdiction of county court) after “128” insert “, 128B”. |
| 30 |
(7) | This section does not apply to any determination or re-determination under |
| |
section 128 of the Housing Act 1985 (c. 68) which was required before the |
| |
coming into force of this section. |
| |
291 | Approved lending institutions |
| |
(1) | In section 156 of the Housing Act 1985 (liability to repay is a charge on the |
| 35 |
| |
(a) | in subsection (4) for “and any body specified, or of a class or description |
| |
specified, in an order made by the Secretary of State” substitute— |
| |
“an authorised mortgage lender.”, and |
| |
(b) | omit subsections (5) and (6). |
| 40 |
(2) | In section 622(1) of that Act (minor definitions: general), after the definition of |
| |
“authorised insurer”, insert— |
| |
““authorised mortgage lender” means— |
| |
(a) | a person who has permission under Part 4 of the |
| |
Financial Services and Markets Act 2000 to enter |
| 45 |
into a regulated mortgage contract as lender, |
| |
|
| |
|
| |
|
(b) | an EEA firm of the kind mentioned in paragraph |
| |
(5)(b) of Schedule 3 to that Act who has |
| |
permission under paragraph 15 of that Schedule |
| |
(as a result of qualifying for authorisation under |
| |
paragraph 12 of that Schedule) to enter into a |
| 5 |
regulated mortgage contract as lender, or |
| |
(c) | a Treaty firm within the meaning of Schedule 4 |
| |
to that Act who has permission under paragraph |
| |
4 of that Schedule (as a result of qualifying for |
| |
authorisation under paragraph 2 of that |
| 10 |
Schedule) to enter into a regulated mortgage |
| |
| |
(3) | In section 622(2) of that Act (interpretation of “authorised deposit taker” and |
| |
“authorised insurer”) for “and “authorised insurer”” substitute “, “authorised |
| |
insurer” and “authorised mortgage lender””. |
| 15 |
(4) | In section 36(4) of that Act (priority of charges: approved lending institutions) |
| |
for the words from “and any body” to the end substitute— |
| |
“an authorised mortgage lender.” |
| |
(5) | In section 151B(5) of that Act (priority of charges: approved lending |
| |
institutions) for the words from “and any body” to the end substitute— |
| 20 |
“an authorised mortgage lender.” |
| |
(6) | In paragraph 2(5) of Schedule 11 to the Housing Act 1988 (c. 50) (priority of |
| |
charges: approved lending institutions) for paragraph (e) substitute— |
| |
“(e) | an authorised mortgage lender (within the meaning of the |
| |
Housing Act 1985 (see section 622 of that Act)).” |
| 25 |
(7) | In section 12(5) of the Housing Act 1996 (c. 52) (priority of charges: approved |
| |
lending institutions) for paragraph (c) substitute— |
| |
“(c) | an authorised mortgage lender (within the meaning of the |
| |
Housing Act 1985 (see section 622 of that Act)).” |
| |
292 | Former right to buy and other flats: service charge loans |
| 30 |
(1) | In section 450C(4) of the Housing Act 1985 (c. 68) (loans in respect of service |
| |
charges on former right to buy flats and other housing authority flats)— |
| |
(a) | in paragraph (a) for “as regards the rate of interest payable on” |
| |
substitute “in a case where a rate of interest is payable on some or all |
| |
| 35 |
(b) | after paragraph (a) insert— |
| |
“(aa) | in a case where amounts calculated by reference to the |
| |
market value of the flat are payable instead of (or as well |
| |
as) interest, make provision about calculating the |
| |
market value of the flat (including imposing charges for |
| 40 |
the services of district valuers);”. |
| |
(2) | The powers conferred by section 450C(3) of that Act include, in relation to |
| |
loans made before the coming into force of subsection (1) above, the power to |
| |
prescribe terms, or (as the case may be) make provision, of the kind envisaged |
| |
by subsection (1)(b) above. |
| 45 |
|
| |
|
| |
|
(3) | But any such terms or provision are not to apply to any particular loan made |
| |
before the coming into force of subsection (1) above unless the landlord and |
| |
tenant agree that they are to apply in that case. |
| |
293 | Former right to buy and other flats: equity share purchases |
| |
After section 450C of the Housing Act 1985 (c. 68) (loans in respect of service |
| 5 |
| |
“Other financial assistance in respect of service charges |
| |
450D | Purchase of equitable interests |
| |
(1) | The appropriate national authority may by regulations provide that |
| |
| 10 |
(a) | a housing authority is the landlord of a flat under a long lease |
| |
granted or assigned by the housing authority or another |
| |
| |
(b) | the tenant is liable under the terms of the lease to pay service |
| |
charges in respect of repairs or improvements (whether to the |
| 15 |
flat, the building in which it is situated or any other building or |
| |
| |
| the landlord may, with the agreement of the tenant and in such |
| |
circumstances as may be prescribed, purchase an equitable interest in |
| |
the flat for the purpose of assisting the tenant to meet some or all of the |
| 20 |
| |
(2) | Regulations under this section shall ensure that the purchase price is to |
| |
be met by the landlord reducing or (as the case may be) cancelling the |
| |
service charge payable to the landlord by the tenant to such extent as |
| |
corresponds to the amount concerned. |
| 25 |
(3) | Regulations under this section may, in particular— |
| |
(a) | provide that the power to purchase an equitable interest does |
| |
not arise in the case of particular descriptions of landlord; |
| |
(b) | make provision about calculating the purchase price (including |
| |
provision about any discounts and about imposing charges for |
| 30 |
the services of district valuers); |
| |
| |
(i) | the tenant to be liable for the administrative expenses of |
| |
the landlord in connection with the purchase; |
| |
(ii) | such expenses not to exceed such amount (if any) as may |
| 35 |
be specified in the regulations; |
| |
(iii) | the purchase price to include, at the option of the |
| |
purchaser, a deduction for such expenses; |
| |
(d) | provide for an alteration, as a result of the purchase of the |
| |
equitable interest, in the liability of the tenant for future service |
| 40 |
charges or improvement contributions. |
| |
(4) | Regulations under this section may not contain provision for cases |
| |
where the Secretary of State or the Welsh Ministers are the landlord |
| |
unless the Welsh Ministers are the landlord— |
| |
(a) | as the result of the exercise by them of functions under Part 3 of |
| 45 |
the Housing Associations Act 1985; or |
| |
|
| |
|
| |
|
| |
(i) | the exercise by the former National Assembly for Wales, |
| |
the Secretary of State, Housing for Wales or the Housing |
| |
Corporation of functions under Part 3 of the Act of 1985; |
| |
| 5 |
(ii) | the transfer of the flat to the Welsh Ministers by virtue of |
| |
paragraph 39 of Schedule 11 to the Government of |
| |
| |
(5) | For the purposes of this section a long lease granted or assigned by— |
| |
(a) | the Welsh Ministers, or |
| 10 |
(b) | in a case falling within subsection (4)(b), the former National |
| |
Assembly for Wales, the Secretary of State, Housing for Wales |
| |
or the Housing Corporation, |
| |
| shall be taken to have been granted or assigned by a housing authority |
| |
if (but only if) the person concerned granted or assigned it in exercise |
| 15 |
of its powers under section 90 of the Housing Associations Act 1985. |
| |
(6) | This section does not affect any other power of the landlord to purchase |
| |
an equitable interest in the flat for the purpose of assisting the tenant to |
| |
meet some or all of the service charge payments. |
| |
(7) | Regulations under this section may apply whenever the lease |
| 20 |
concerned was granted or assigned and whenever the service charge |
| |
concerned became payable. |
| |
(8) | Regulations under this section— |
| |
(a) | are to be made by statutory instrument; |
| |
(b) | may make different provision for different cases or descriptions |
| 25 |
of case including different provision for different areas; |
| |
(c) | may contain such incidental, supplementary and transitional |
| |
provisions as the appropriate national authority considers |
| |
| |
(9) | An instrument containing regulations made under this section— |
| 30 |
(a) | by the Secretary of State is subject to annulment in pursuance of |
| |
a resolution of either House of Parliament; |
| |
(b) | by the Welsh Ministers is subject to annulment in pursuance of |
| |
a resolution of the National Assembly for Wales. |
| |
| 35 |
“appropriate national authority” means— |
| |
(a) | in relation to England, the Secretary of State; and |
| |
(b) | in relation to Wales, the Welsh Ministers; |
| |
“former National Assembly for Wales” means the Assembly |
| |
constituted by the Government of Wales Act 1998; |
| 40 |
“housing authority” includes— |
| |
(a) | any registered provider of social housing other than a |
| |
co-operative housing association; |
| |
(b) | any registered social landlord other than a co-operative |
| |
| 45 |
(c) | any co-operative housing association which is not— |
| |
(i) | a registered provider of social housing; or |
| |
(ii) | a registered social landlord; |
| |
|
| |
|