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Housing Act 2004 (c. 34)(The document as of February, 2008) Page 13 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 (b) after the conveyance or grant 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 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 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. " (2) In section 181 of that Act (jurisdiction of county court) for "and 158" substitute ", 155C and 158". 187 Deferred resale agreements(1) After section 163 of the Housing Act 1985 insert-- " 163A Treatment of deferred resale agreements for purposes of section 155(1) If a secure tenant or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 155 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-- (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 secure tenant or his successor in title and any other person-- (a) which is made (expressly or impliedly) in contemplation of, or in connection with, the tenant exercising, or having exercised, the right to buy, (b) which is made before the end of the discount repayment period, and (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 disposal is to take place is specified in the agreement, and (b) whether or not any requirement to make the disposal is or may be made subject to the fulfilment of any condition. (5) The Secretary of State may by order provide-- (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)-- (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. (7) In this section--
(2) The amendment made by this section does not apply in relation to any agreement or arrangement made before the day on which this section comes into force. Right to buy: landlord's right of first refusal188 Right of first refusal for landlord etc.(1) After section 156 of the Housing Act 1985 (c. 68) insert-- " 156A Right of first refusal for landlord etc.(1) A conveyance of the freehold or grant of a lease in pursuance of this Part shall contain the following covenant, which shall be binding on the secure tenant and his successors in title. This is subject to subsection (8). (2) The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance or grant, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal. (3) In subsection (2) "the prescribed conditions" means such conditions as are prescribed by regulations under this section at the time when the conveyance or grant is made. (4) The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on-- (a) a landlord who has conveyed a freehold or granted a lease to a person ("the former tenant") in pursuance of this Part, or (b) such other person as is determined in accordance with the regulations, a right of first refusal to have a disposal within subsection (5) made to him for such consideration as is mentioned in section 158. (5) The disposals within this subsection are-- (a) a reconveyance or conveyance of the dwelling-house; and (b) a surrender or assignment of the lease. (6) Regulations under this section may, in particular, make provision-- (a) for the former tenant to offer to make such a disposal to such person or persons as may be prescribed; (b) for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted; (c) for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer; (d) for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the former tenant and any other prescribed person; (e) for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person; (f) for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken; (g) for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the former tenant is able to make a disposal on the open market; (h) for the manner in which any offer, acceptance or notification is to be communicated. (7) In subsection (6) any reference to the former tenant is a reference to the former tenant or his successor in title. Nothing in that subsection affects the generality of subsection (4). (8) In a case to which section 157(1) applies-- (a) the conveyance or grant may contain a covenant such as is mentioned in subsections (1) and (2) above instead of a covenant such as is mentioned in section 157(1), but (b) it may do so only if the Secretary of State or, where the conveyance or grant is executed by a housing association within section 6A(3) or (4), the Relevant Authority consents. (9) Consent may be given in relation to-- (a) a particular disposal, or (b) disposals by a particular landlord or disposals by landlords generally, and may, in any case, be given subject to conditions. (10) Regulations under this section-- (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. (11) The limitation imposed by a covenant within subsection (2) (whether the covenant is imposed in pursuance of subsection (1) or (8)) is a local land charge. (12) The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant. " (2) In section 157 of that Act (restriction on disposal of dwelling-houses in National Parks etc.)-- (a) in subsection (1), after "the conveyance or grant may" insert "(subject to section 156A(8)"; (b) in subsection (2), omit ", subject to subsection (4),"; and (c) omit subsections (4) and (5) (which provide for a landlord's right of first refusal). (3) In section 158 of that Act (consideration for conveyance or surrender under section 157)-- (a) in the sidenote, for "reconveyance or surrender under section 157" substitute "disposal under section 156A"; (b) for subsection (1) substitute-- " (1) The consideration for such a disposal as is mentioned in section 156A(4) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the dwelling-house at the time when the offer is made (as determined in accordance with regulations under that section). " ; (c) in subsection (2), for "or surrendered" substitute ", conveyed, surrendered or assigned"; (d) in subsection (3), for "the landlord accepts the offer," substitute "the offer is accepted in accordance with regulations under section 156A,"; and (e) in subsection (4), for "to reconvey or surrender" substitute "(as determined in accordance with regulations under section 156A)." (4) In section 162 of that Act (exempted disposals which end liability under covenants), after paragraph (a) insert-- " (aa) the covenant required by section 156A (right of first refusal for landlord etc.) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant ceases to apply in relation to the property disposed of, and " . (5) The amendments made by this section do not apply in relation to a conveyance of the freehold or grant of a lease in pursuance of Part 5 of that Act if the notice under section 122 of the Act (tenant's notice claiming to exercise right to buy) was served before the day on which this section comes into force. (6) Accordingly, nothing in this section affects-- (a) the operation of a limitation contained in such a conveyance or grant in accordance with section 157(4) of that Act, or (b) the operation, in relation to such a limitation, of section 157(6) (so far as it renders a disposal in breach of covenant void) or section 158 (consideration payable) of that Act. Right to buy: information189 Information to help tenants decide whether to exercise right to buy etc.(1) After section 121 of the Housing Act 1985 (c. 68) insert-- " 121AA Information to help tenants decide whether to exercise right to buy etc.(1) Every body which lets dwelling-houses under secure tenancies shall prepare a document that contains information for its secure tenants about such matters as are specified in an order made by the Secretary of State. (2) The matters that may be so specified are matters which the Secretary of State considers that it would be desirable for secure tenants to have information about when considering whether to exercise the right to buy or the right to acquire on rent to mortgage terms. (3) The information contained in the document shall be restricted to information about the specified matters, and the information about those matters-- (a) shall be such as the body concerned considers appropriate, but (b) shall be in a form which the body considers best suited to explaining those matters in simple terms. (4) Once a body has prepared the document required by subsection (1), it shall revise it as often as it considers necessary in order to ensure that the information contained in it-- (a) is kept up to date so far as is reasonably practicable, and (b) reflects any changes in the matters for the time being specified in an order under this section. (5) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 121B Provision of information(1) This section sets out when the document prepared by a body under section 121AA is to be published or otherwise made available. (2) The body shall-- (a) publish the document (whether in its original or a revised 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 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. (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). (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 either House of Parliament. " (2) In section 104(1) of that Act (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 scheme190 Termination of rent to mortgage scheme(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. (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". Suspension of certain rights in connection with anti-social behaviour191 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 2AEither-- (a)(a) a relevant order or suspended Ground 2 or 14 possession order is in force, or (b)(b) an application is pending before any court for a relevant order, a demotion order or a Ground 2 or 14 possession order 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--
A "demotion order" means a demotion order under section 82A of 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 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. 192 Right to buy: suspension by court order(1) In section 121 of the Housing Act 1985 (circumstances in which right to buy cannot be exercised), after subsection (2) insert-- " (3) The right to buy cannot be exercised at any time during the suspension period under an order made under section 121A in respect of the secure tenancy. " (2) After section 121 of that Act insert-- " 121A Order suspending right to buy because of anti-social behaviour(1) The court may, on the application of the landlord under a secure tenancy, make a suspension order in respect of the tenancy. (2) A suspension order is an order providing that the right to buy may not be exercised in relation to the dwelling-house during such period as is specified in the order ("the suspension period"). (3) The court must not make a suspension order unless it is satisfied-- (a) that the tenant, or a person residing in or visiting the dwelling-house, has engaged or threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 applies (anti-social behaviour or use of premises for unlawful purposes), and (b) that it is reasonable to make the order. (4) When deciding whether it is reasonable to make the order, the court must consider, in particular-- (a) whether it is desirable for the dwelling-house to be managed by the landlord during the suspension period; and (b) where the conduct mentioned in subsection (3)(a) consists of conduct by a person which is capable of causing nuisance or annoyance, the effect that the conduct (or the threat of it) has had on other persons, or would have if repeated. (5) Where a suspension order is made-- (a) any existing claim to exercise the right to buy in relation to the dwelling-house ceases to be effective as from the beginning of the suspension period, and (b) section 138(1) shall not apply to the landlord, in connection with such a claim, at any time after the beginning of that period, but (c) the order does not affect the computation of any period in accordance with Schedule 4. (6) The court may, on the application of the landlord, make (on one or more occasions) a further order which extends the suspension period under the suspension order by such period as is specified in the further order. (7) The court must not make such a further order unless it is satisfied-- (a) that, since the making of the suspension order (or the last order under subsection (6)), the tenant, or a person residing in or visiting the dwelling-house, has engaged or threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 applies, and (b) that it is reasonable to make the further order. (8) When deciding whether it is reasonable to make such a further order, the court must consider, in particular-- (a) whether it is desirable for the dwelling-house to be managed by the landlord during the further period of suspension; and (b) where the conduct mentioned in subsection (7)(a) consists of conduct by a person which is capable of causing nuisance or annoyance, the effect that the conduct (or the threat of it) has had on other persons, or would have if repeated. (9) In this section any reference to the tenant under a secure tenancy is, in relation to a joint tenancy, a reference to any of the joint tenants. " (3) Regulations under-- (a) section 171C of that Act (modifications of Part 5 in relation to preserved right to buy), or (b) section 17 of the Housing Act 1996 (c. 52) (application of that Part in relation to right to acquire dwelling), may make provision for continuing the effect of a suspension order where the secure tenancy in respect of which the order was made has been replaced by an assured tenancy. 193 Right to buy: suspension of landlord's obligation to complete(1) In section 138 of the Housing Act 1985 (c. 68) (duty of landlord to convey freehold or grant lease) after subsection (2) insert-- " (2A) Subsection (2B) applies if an application is pending before any court-- (a) for a demotion order or Ground 2 possession order to be made in respect of the tenant, or (b) for a suspension order to be made in respect of the tenancy. (2B) The landlord is not bound to comply with subsection (1) until such time (if any) as the application is determined without-- (a) a demotion order or an operative Ground 2 possession order being made in respect of the tenant, or (b) a suspension order being made in respect of the tenancy, or the application is withdrawn. (2C) For the purposes of subsection (2A) and (2B)--
(2D) Subsection (1) has effect subject to section 121A(5) (disapplication of subsection (1) where suspension order is made). " (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 to buy) was served before the day on which this section comes into force. 194 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-- (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. (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(2B) (landlord's obligation to complete suspended while 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 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 joint tenancy, a reference to any of the joint tenants. (4) Regulations under-- (a) section 171C of the Housing Act 1985 (modifications of Part 5 in relation to preserved right to buy), or (b) section 17 of the Housing Act 1996 (c. 52) (application of that Part in relation to right to acquire dwelling), may make provision corresponding to subsections (1) to (3) of this section so far as those subsections relate to section 138(2B) of the Housing Act 1985. Chapter 2 Disposals attracting discounts other than under right to buyDisposals by local authorities195 Repayment of discount: periods and amounts applicable(1) Section 35 of the Housing Act 1985 (repayment of discount on early disposal) is amended in accordance with subsections (2) and (3). (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 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. (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, 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 35A. " (4) 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 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. (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 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. (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. 196 Repayment of discount: increase attributable to home improvements to be disregardedAfter 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 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, 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 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 this section (and in default of an agreement), no amount is required to be disregarded under this section. " 197 Local authority's right of first refusal(1) After section 36 of the Housing Act 1985 (c. 68) insert-- " 36A Right of first refusal for local authority(1) This section applies where, on a disposal of a house under section 32, a discount is given to the purchaser by the local authority in accordance with a consent given by the Secretary of State under subsection (2) of that section; but this section does not apply in any such case if the consent so provides. (2) On the disposal the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title. (3) The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance, grant or assignment, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal. (4) In subsection (3) "the prescribed conditions" means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made. (5) The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on-- (a) a local authority which have made a disposal as mentioned in subsection (1), or (b) such other person as is determined in accordance with the regulations, a right of first refusal to have a disposal within subsection (6) made to them or him for such consideration as is mentioned in section 36B. (6) The disposals within this subsection are-- (a) a reconveyance or conveyance of the house; and (b) a surrender or assignment of the lease. (7) Regulations under this section may, in particular, make provision-- (a) for the purchaser to offer to make such a disposal to such person or persons as may be prescribed; (b) for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted; (c) for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer; Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 -- Back --
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