Section 52 — Housing Act 1988: Recovery etc. of grants.

Recovery etc. of grants. 52 1 Where a grant to which this section applies, that is to say—

a a grant under section 50 or 51 above, or b a grant under section 41 of the 1985 Act or any enactment replaced by that section, or c a grant under section 2(2) of the Housing (Scotland) Act 1988, has been made to a relevant housing association , the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the appropriate authority may from time to time determine (in this section referred to as “ relevant events ”).

2 The appropriate authority . . . may—

a reduce the amount of, or of any payment in respect of, the grant;

b suspend or cancel any instalment of the grant; or c direct the association to apply or appropriate for such purposes as the appropriate authority may specify, or to pay to the an amount equal to the whole, or such proportion as it may specify, of the amount of any payment made to the association in respect of the grant, appropriate authority and a direction under paragraph (c) above may require the application, appropriation or payment of an amount with interest in accordance with subsections (7) to (9) below.

3 Where, after a grant to which this section applies has been made to an association, a relevant event occurs, the association shall notify the appropriate authority and, if so required by written notice of the appropriate authority , shall furnish it with such particulars of and information relating to the event as are specified in the notice.

4 Where a grant to which this section applies (other than one falling within subsection (1)(c) above) has been made to an association, the Chief Land Registrar may furnish the appropriate authority with such particulars and information as it may reasonably require for the purpose of ascertaining whether a relevant event has occurred; but this subsection shall cease to have effect on the day appointed under section 3(2) of the Land Registration Act 1988 for the coming into force of that Act.

5 Where—

a a grant to which this section applies has been made to an association, and b at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other relevant housing association , or trustees for some other such association, this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other association.

6 The proportion referred to in subsection (5) above is that which, in the circumstances of the particular case,—

a the appropriate authority , acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or b the appropriate authority may determine to be appropriate.

7 A direction under subsection (2)(c) above requiring the application, appropriation or payment of an amount with interest shall specify, in accordance with subsection (9) below,—

a the rate or rates of interest (whether fixed or variable) which is or are applicable;

b the date from which interest is payable, being not earlier than the date of the relevant event;

and c any provision for suspended or reduced interest which is applicable.

8 In subsection (7)(c) above—

a the reference to a provision for suspended interest is a reference to a provision whereby, if the principle amount is applied, appropriated or paid before a date specified in the direction, no interest will be payable for any period after the date of the direction;

and b the reference to a provision for reduced interest is a reference to a provision whereby, if the principle amount is so applied, appropriated or paid , any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.

9 The matters specified in a direction as mentioned in paragraphs (a) to (c) of subsection (7) above shall be either—

a such as the appropriate authority , acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or b such as the appropriate authority may determine to be appropriate in the particular case. 9A In this section and sections 53 and 54— “the appropriate authority”—

in relation to an English relevant housing association and property outside Greater London , means the Homes and Communities Agency, in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and in relation to a Welsh relevant housing association, means the Welsh Ministers, “ relevant housing association ” means—

a housing association which is a registered provider of social housing (“an English relevant housing association”), and a housing association which is a registered social landlord (“a Welsh relevant housing association”). 9B In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under—

a Part 1 of the Housing Act 1996, b Part 1 of the 1985 Act, or c any corresponding earlier enactment.