Housing Act 1985
Sections and provisions with full text and the judgments that cite each one.
Section 83A — Additional requirements in relation to certain proceedings for possession.
Additional requirements in relation to certain proceedings for possession. 83A 1 Where a notice under section 83 has been served on a tenant containing the information mentioned in subsection (3)(a)…
Section 83ZA — Notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour
Notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour 83ZA 1 This section applies in relation to proceedings for possession of a dwelling-house…
Section 84 — Grounds and orders for possession.
Grounds and orders for possession. 84 1 The court shall not make an order for the possession of a dwelling-house let under a secure tenancy except on one or more of the grounds set out in Schedule 2…
Section 84A — Absolute ground for possession for anti-social behaviour
Absolute ground for possession for anti-social behaviour 84A 1 If the court is satisfied that any of the following conditions is met, it must make an order for the possession of a dwelling-house let…
Section 85 — Extended discretion of court in certain proceedings for possession.
Extended discretion of court in certain proceedings for possession. 85 1 Where proceedings are brought for possession of a dwelling-house let under a secure tenancy on any of the grounds set out in…
Section 85A — Proceedings for possession on non-absolute grounds : anti-social behaviour
Proceedings for possession on non-absolute grounds : anti-social behaviour 85A 1 This section applies if the court is considering under section 84(2)(a) whether it is reasonable to make an order for…
Section 85ZA — Review of decision to seek possession on absolute ground for anti-social behaviour
Review of decision to seek possession on absolute ground for anti-social behaviour 85ZA 1 A tenant may request a review of a landlord's decision to seek an order for possession of a dwelling-house…
Section 86 — Periodic tenancy arising on termination of fixed term.
Periodic tenancy arising on termination of fixed term. 86 1 Where a secure tenancy (“ the first tenancy ”) is a tenancy for a term certain and comes to an end— a by effluxion of time, or b by an…
Section 86A — Persons qualified to succeed tenant: England
Persons qualified to succeed tenant: England 86A 1 A person (“P”) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if— a P occupies the dwelling-house as P's…
Section 87 — Persons qualified to succeed tenant : Wales .
Persons qualified to succeed tenant : Wales . 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 88 — Cases where the tenant is a successor.
Cases where the tenant is a successor. 88 1 The tenant is himself a successor if— a the tenancy vested in him by virtue of section 89 (succession to a periodic tenancy), or b he was a joint tenant…
Section 89 — Succession to periodic tenancy.
Succession to periodic tenancy. 89 1 This section applies where a secure tenant dies and the tenancy is a periodic tenancy. 1A Where there is a person qualified to succeed the tenant under section…
Section 90 — Devolution of term certain.
Devolution of term certain. 90 1 This section applies where a secure tenant dies and the tenancy is a tenancy for a term certain. 2 The tenancy remains a secure tenancy until— a it is vested or…
Section 91 — Assignment in general prohibited.
Assignment in general prohibited. 91 1 A secure tenancy which is— a a periodic tenancy, or b a tenancy for a term certain granted on or after 5th November 1982, is not capable of being assigned…
Section 92 — Assignments by way of exchange.
Assignments by way of exchange. 92 1 It is a term of every secure tenancy that the tenant may, with the written consent of the landlord, assign the tenancy to another secure tenant who satisfies the…
Section 93 — Lodgers and subletting.
Lodgers and subletting. 93 1 It is a term of every secure tenancy that the tenant— a may allow any persons to reside as lodgers in the dwelling-house, but b will not, without the written consent of…
Section 94 — Consent to subletting.
Consent to subletting. 94 1 This section applies to the consent required by virtue of section 93(1)(b) (landlord’s consent to subletting of part of dwelling-house). 2 Consent shall not be…
Section 95 — Assignment or subletting where tenant condition not satisfied.
Assignment or subletting where tenant condition not satisfied. 95 1 This section applies to a tenancy which is not a secure tenancy but would be if the tenant condition referred to in section 81…
Section 97 — Tenant’s improvements require consent.
Tenant’s improvements require consent. 97 1 It is a term of every secure tenancy that the tenant will not make any improvement without the written consent of the landlord. 2 In this Part “…
Section 98 — Provisions as to consents required by s. 97.
Provisions as to consents required by s. 97. 98 1 If a question arises whether the withholding of a consent required by virtue of section 97 (landlord’s consent to improvements) was unreasonable, it…
Section 99 — Conditional consent to improvements.
Conditional consent to improvements. 99 1 Consent required by virtue of section 97 (landlord’s consent to improvements) may be given subject to conditions. 2 If the tenant has applied in writing for…
Section 99A — Right to compensation for improvements.
Right to compensation for improvements. 99A 1 The powers conferred by this section shall be exercisable as respects cases where a secure tenant has made an improvement and— a the work on the…
Section 99B — Persons qualifying for compensation.
Persons qualifying for compensation. 99B 1 A person is a qualifying person for the purposes of section 99A(2) if— a he is, at the time when the tenancy comes to an end, the tenant or, in the case of…
Section 100 — Power to reimburse cost of tenant’s improvements.
Power to reimburse cost of tenant’s improvements. 100 1 Where a secure tenant has made an improvement and— a the work on the improvement was begun on or after 3rd October, 1980, b the landlord, or a…
Section 101 — Rent not to be increased on account of tenant’s improvements.
Rent not to be increased on account of tenant’s improvements. 101 1 This section applies where a person (the “improving tenant”) who is or was the secure tenant of a dwelling-house has lawfully made…
Section 102 — Variation of terms of secure tenancy.
Variation of terms of secure tenancy. 102 1 The terms of a secure tenancy may be varied in the following ways, and not otherwise— a by agreement between the landlord and the tenant; b to the extent…
Section 103 — Notice of variation of periodic tenancy.
Notice of variation of periodic tenancy. 103 1 The terms of a secure tenancy which is a periodic tenancy may be varied by the landlord by a notice of variation served on the tenant. 2 Before serving…
Section 104 — Provision of information about tenancies.
Provision of information about tenancies. 104 1 Every body which lets dwelling-houses under secure tenancies shall from time to time publish information about its secure tenancies, in such form as it…
Section 105 — Consultation on matters of housing management.
Consultation on matters of housing management. 105 1 A landlord authority shall maintain such arrangements as it considers appropriate to enable those of its secure tenants or secure contract-holders…
Section 106 — Information about housing allocation.
Information about housing allocation. 106 1 A landlord authority shall publish a summary of its rules— a for determining priority as between applicants in the allocation of its housing accommodation,…
Section 106A — Consultation before disposal to private sector landlord.
Consultation before disposal to private sector landlord. 106A 1 The provisions of Schedule 3A have effect with respect to the duties of— a a local authority proposing to dispose of dwelling-houses…
Section 107 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Section 107A — Flexible tenancies
Flexible tenancies 107A 1 For the purposes of this Act, a flexible tenancy is a secure tenancy to which any of the following subsections applies. 2 This subsection applies to a secure tenancy if— a…
Section 107B — Review of decisions relating to flexible tenancies
Review of decisions relating to flexible tenancies 107B 1 This section applies if a person (“the prospective landlord”)— a offers to grant a flexible tenancy (whether or not on the coming to an end…
Section 107C — Termination of flexible tenancy by tenant
Termination of flexible tenancy by tenant 107C 1 It is a term of every flexible tenancy that the tenant may terminate the tenancy in accordance with the following provisions of this section. 2 The…
Section 107D — Recovery of possession on expiry of flexible tenancy
Recovery of possession on expiry of flexible tenancy 107D 1 Subject as follows, on or after the coming to an end of a flexible tenancy a court must make an order for possession of the dwelling-house…
Section 107E — Review of decision to seek possession
Review of decision to seek possession 107E 1 A request for a review of a landlord's decision to seek an order for possession of a dwelling-house let under a flexible tenancy must be made before the…
Section 108 — Heating charges
Heating charges 108 1 This section applies to secure tenants of dwelling-houses to which a heating authority supply heat produced at a heating installation. 2 The Secretary of State may by…
Section 109 — Provisions not applying to tenancies of co-operative housing associations.
Provisions not applying to tenancies of co-operative housing associations. 109 Sections 91 to 108 (assignment and subletting, repairs and improvements, variation of terms, provision of information…
Section 109A — Acquisition of dwelling-house subject to statutory tenancy.
Acquisition of dwelling-house subject to statutory tenancy. 109A Where an authority or body within section 80 (the landlord condition for secure tenancies) becomes the landlord of a dwelling-house…
Section 110 — Jurisdiction of county court.
Jurisdiction of county court. 110 1 The county court has jurisdiction to determine questions arising under this Part and to entertain proceedings brought under this Part and claims, for whatever…
Section 111 — County court rules and directions.
County court rules and directions. 111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 111A — Introductory tenancies
Introductory tenancies 111A Sections 102(1), (2) and (3)(a), 103 and 108 apply in relation to introductory tenancies as they apply in relation to secure tenancies.
Section 112 — Meaning of “dwelling-house”.
Meaning of “dwelling-house”. 112 1 For the purposes of this Part a dwelling-house may be a house or a part of a house. 2 Land let together with a dwelling-house shall be treated for the purposes of…
Section 113 — Members of a person’s family.
Members of a person’s family. 113 1 A person is a member of another’s family within the meaning of this Part if— a he is the spouse or civil partner of that person, or he and that person live…
Section 114 — Meaning of “landlord authority”.
Meaning of “landlord authority”. 114 1 In this Part “ landlord authority ” means— a local housing authority, a private registered provider of social housing other than a co-operative housing…
Section 115 — Meaning of “long tenancy”.
Meaning of “long tenancy”. 115 1 The following are long tenancies for the purposes of this Part, subject to subsection (2)— a a tenancy granted for a term certain exceeding 21 years, whether or not…
Section 115A — Meaning of “introductory tenancy”.
Meaning of “introductory tenancy”. 115A In this Part “introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996.
Section 116 — Minor definitions.
Minor definitions. 116 1 In this Part— “ common parts ”, in relation to a dwelling-house let under a tenancy, means any part of a building comprising the dwelling-house and any other premises which…
Section 117 — Index of defined expressions: Part IV
Index of defined expressions: Part IV 117 The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an…