Housing Act 1985
Sections and provisions with full text and the judgments that cite each one.
Section 36B — Consideration payable for disposal under section 36A
Consideration payable for disposal under section 36A 36B 1 The consideration for a disposal made in respect of a right of first refusal as mentioned in section 36A(5) shall be such amount as may be…
Section 37 — Restriction on disposal of dwelling-houses in National Parks, etc.
Restriction on disposal of dwelling-houses in National Parks, etc. 37 1 Where a conveyance, grant or assignment executed under section 32 is of a house situated in— a a National Park. b an area…
Section 38 — Relevant disposals.
Relevant disposals. 38 1 A disposal, whether of the whole of part of the house, is a relevant disposal for the purposes of this Part if it is— a a conveyance of the freehold or an assignment of the…
Section 39 — Exempted disposals.
Exempted disposals. 39 1 A disposal is an exempted disposal for the purposes of this Part if— a it is a disposal of the whole of the house and a conveyance of the freehold or an assignment of the…
Section 39A — Treatment of deferred resale agreements for purposes of section 35
Treatment of deferred resale agreements for purposes of section 35 39A 1 If a purchaser or his successor in title enters into an agreement within subsection (3), any liability arising under the…
Section 40 — Meaning of “compulsory disposal”.
Meaning of “compulsory disposal”. 40 In this Part a “ compulsory disposal ” means a disposal of property which is acquired compulsorily, or is acquired by a person who has made or would have made, or…
Section 41 — Exempted disposals which end liability under covenants.
Exempted disposals which end liability under covenants. 41 Where there is a relevant disposal which is an exempted disposal by virtue of section 39(1)(d) or (e) (compulsory disposal or disposal of…
Section 42 — Treatment of options.
Treatment of options. 42 1 For the purposes of this Part the grant of an option enabling a person to call for a relevant disposal which is not an exempted disposal shall be treated as such a disposal…
Section 43 — Consent required for certain disposals not within s. 32.
Consent required for certain disposals not within s. 32. 43 1 The consent of the Secretary of State is required for the disposal by a local authority, otherwise than in pursuance of Part V (the right…
Section 44 — Avoidance of certain disposals of houses without consent.
Avoidance of certain disposals of houses without consent. 44 1 A disposal of a house by a local authority made without the consent required by section 32 or 43 is void, unless— a the disposal is to…
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Section 47 — Limitation of service charges.
Limitation of service charges. 47 1 Relevant costs shall be taken into account in determining the amount of a service charge payable for a period— a only to the extent that they are reasonably…
Section 48 — Information as to relevant costs.
Information as to relevant costs. 48 1 The payer may require the payee in writing to supply him with a written summary of the costs incurred— a if the relevant accounts are made up for periods of…
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Section 50 — Offences.
Offences. 50 1 If a person fails without reasonable excuse to perform a duty imposed on him by section 48 . . . (provision of information, &c.), he commits a summary offence and is liable on…
Section 51 — Meaning of “qualified accountant”.
Meaning of “qualified accountant”. 51 1 The reference to a “ qualified accountant ” in section 48(3) (certification of summary of information about relevant costs) is to a person who, in accordance…
Section 52 — Compliance with minimum standards in erection of houses.
Compliance with minimum standards in erection of houses. 52 A local housing authority by whom a house is erected under the enactments relating to housing, whether with or without financial assistance…
Section 53 — Prefabs deemed to be houses provided under this Part.
Prefabs deemed to be houses provided under this Part. 53 1 This section applies to prefabs, that is to say structures made available to a local authority under section 1 of the Housing (Temporary…
Section 54 — Powers of entry.
Powers of entry. 54 1 A person authorised by a local housing authority or the Secretary of State may, at any reasonable time, on giving 24 hours’ notice of his intention to the occupier, and to the…
Section 55 — Penalty for obstruction.
Penalty for obstruction. 55 1 It is a summary offence intentionally to obstruct an officer of the local housing authority, or of the Secretary of State, or any person authorised to enter premises in…
Section 56 — Minor definitions.
Minor definitions. 56 1 In this Part— “ CCA ” means a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023; “ combined authority ” means a…
Section 57 — Index of defined expressions: Part II.
Index of defined expressions: Part II. 57 The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an…
Section 58 — Homelessness and threatened homelessness.
Homelessness and threatened homelessness. 58 1 A person is homeless if he has no accommodation in England, Wales or Scotland. 2 A person shall be treated as having no accommodation if there is no…
Section 59 — Priority need for accommodation.
Priority need for accommodation. 59 1 The following have a priority need for accommodation— a a pregnant woman or a person with whom a pregnant woman resides or might reasonably be expected to…
Section 60 — Becoming homeless intentionally.
Becoming homeless intentionally. 60 1 A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation which is…
Section 61 — Local connection.
Local connection. 61 1 References in this Part to a person having a local connection with the district of a local housing authority are to his having a connection with that district— a because he is,…
Section 62 — Inquiry into cases of possible homelessness or threatened homelessness.
Inquiry into cases of possible homelessness or threatened homelessness. 62 1 If a person (an “applicant”) applies to a local housing authority for accommodation, or for assistance in obtaining…
Section 63 — Interim duty to accommodate in case of apparent priority need.
Interim duty to accommodate in case of apparent priority need. 63 1 If the local housing authority have reason to believe that an applicant may be homeless and have a priority need, they shall secure…
Section 64 — Notification of decision and reasons.
Notification of decision and reasons. 64 1 On completing their inquiries under section 62, the local housing authority shall notify the applicant of their decision on the question whether he is…
Section 65 — Duties to persons found to be homeless.
Duties to persons found to be homeless. 65 1 This section has effect as regards the duties owed by the local housing authority to an applicant where they are satisfied that he is homeless. 2 Where…
Section 66 — Duties to persons found to be threatened with homelessness.
Duties to persons found to be threatened with homelessness. 66 1 This section has effect as regards the duties owed by the local housing authority to an applicant where they are satisfied that he is…
Section 67 — Referral of application to another local housing authority.
Referral of application to another local housing authority. 67 1 If the local housing authority— a are satisfied that an applicant is homeless and has a priority need, and are not satisfied that he…
Section 68 — Duties to persons whose applications are referred.
Duties to persons whose applications are referred. 68 1 Where, in accordance with section 67(1), a local housing authority notify another authority of an application, the notifying authority shall…
Section 69 — Provisions supplementary to ss. 63, 65 and 68.
Provisions supplementary to ss. 63, 65 and 68. 69 1 A local housing authority may perform any duty under section 65 or 68 (duties to persons found to be homeless) to secure that accommodation becomes…
Section 70 — Protection of property of homeless persons and persons threatened with homelessness.
Protection of property of homeless persons and persons threatened with homelessness. 70 1 This section applies where a local housing authority have reason to believe that an applicant is homeless or…
Section 71 — Guidance to authorities by the Secretary of State.
Guidance to authorities by the Secretary of State. 71 1 In relation to homeless persons and persons threatened with homelessness, a relevant authority shall have regard in the exercise of their…
Section 72 — Co-operation between authorities.
Co-operation between authorities. 72 Where a local housing authority— a request another local housing authority in England, Wales or Scotland, a new town corporation, a registered social landlord a…
Section 73 — Financial and other assistance for voluntary organisations concerned with homelessness.
Financial and other assistance for voluntary organisations concerned with homelessness. 73 1 The Secretary of State, with the consent of the Treasury, may, upon such terms and subject to such…
Section 74 — False statements, withholding information and failure to disclose change of circumstances.
False statements, withholding information and failure to disclose change of circumstances. 74 1 If a person with intent to induce a local housing authority to believe, in connection with the exercise…
Section 75 — Meaning of accommodation available for occupation.
Meaning of accommodation available for occupation. 75 For the purposes of this Part accommodation shall be regarded as available for a person’s occupation only if it is available for occupation both…
Section 76 — Application of this Part to cases arising in Scotland.
Application of this Part to cases arising in Scotland. 76 1 Sections 67 and 68 (referral of application to another local housing authority and duties to persons whose applications are referred)…
Section 77 — Minor definitions.
Minor definitions. 77 In this Part— “ relevant authority ” means a local housing authority or social services authority; “ social services authority ” means a local authority for the purposes of the…
Section 78 — Index of defined expressions: Part III.
Index of defined expressions: Part III. 78 The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an…
Section 79 — Secure tenancies.
Secure tenancies. 79 1 A tenancy under which a dwelling-house in England is let as a separate dwelling is a secure tenancy at any time when the conditions described in sections 80 and 81 as the…
Section 80 — The landlord condition.
The landlord condition. 80 1 The landlord condition is that the interest of the landlord belongs to one of the following authorities or bodies— a local authority, a development corporation, a housing…
Section 81 — The tenant condition.
The tenant condition. 81 The tenant condition is that the tenant is an individual and occupies the dwelling-house as his only or principal home; or, where the tenancy is a joint tenancy, that each of…
Section 81ZA — Grant of secure tenancies in cases of domestic abuse
Grant of secure tenancies in cases of domestic abuse 81ZA 1 This section applies where a local housing authority grants a secure tenancy of a dwelling-house in England before the day on which…
Section 82 — Security of tenure.
Security of tenure. 82 1 A secure tenancy which is either— a a weekly or other periodic tenancy, or b a tenancy for a term certain but subject to termination by the landlord, cannot be brought to an…
Section 82A — Demotion because of anti-social behaviour
Demotion because of anti-social behaviour 82A 1 This section applies to a secure tenancy if the landlord is— a a local housing authority; b a housing action trust; ba a private registered provider of…
Section 83 — Proceedings for possession or termination: general notice requirements.
Proceedings for possession or termination: general notice requirements. 83 1 The court shall not entertain proceedings to which this section applies unless— a the landlord has served a notice on the…