Housing Act 1988
Sections and provisions with full text and the judgments that cite each one.
Section a
Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and…
Section 1 — Assured tenancies.
Assured tenancies. 1 1 A tenancy under which a dwelling-house in England is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as— a the tenant or, as the…
Section 1A — Application of Chapters 1, 2 and 3 of this Part to dwelling in Wales
Application of Chapters 1, 2 and 3 of this Part to dwelling in Wales 1A 1 As a result of section 239 of the Renting Homes (Wales) Act 2016 (anaw 1) , no tenancy or licence (whenever made) of a…
Section 2 — Letting of a dwelling-house together with other land.
Letting of a dwelling-house together with other land. 2 1 If, under a tenancy, a dwelling-house is let together with other land, then, for the purposes of this Part of this Act,— a if and so long as…
Section 3 — Tenant sharing accommodation with persons other than landlord.
Tenant sharing accommodation with persons other than landlord. 3 1 Where a tenant has the exclusive occupation of any accommodation (in this section referred to as “the separate accommodation”) and—…
Section 3A — Excluded tenancies and licences.
Excluded tenancies and licences. 3A 1 Any reference in this Act to an excluded tenancy or an excluded licence is a reference to a tenancy or licence which is excluded by virtue of any of the…
Section 4 — Certain sublettings not to exclude any part of sub-lessor’s premises from assured tenancy.
Certain sublettings not to exclude any part of sub-lessor’s premises from assured tenancy. 4 1 Where the tenant of a dwelling-house has sub-let a part but not the whole of the dwelling-house, then,…
Section 4A — Assured tenancies to be periodic with rent period not exceeding a month
Assured tenancies to be periodic with rent period not exceeding a month 4A 1 Terms of an assured tenancy are of no effect so far as they provide— a for a tenancy to be a fixed term tenancy, or b for…
Section 4B — Assured tenancy: prohibition of rent in advance (except initial rent)
Assured tenancy: prohibition of rent in advance (except initial rent) 4B 1 Terms of an assured tenancy which provide for when rent is due are of no effect so far as they provide for rent to be due in…
Section 5 — Security of tenure.
Security of tenure. 5 1 An assured tenancy cannot be brought to an end by the landlord except by— a obtaining— i an order of the court for possession of the dwelling-house under section 7 or 21 and…
Section 6 — Fixing of terms of statutory periodic tenancy.
Fixing of terms of statutory periodic tenancy. 6 1 In this section, in relation to a statutory periodic tenancy,— a “ the former tenancy ” means the fixed term tenancy on the coming to an end of…
Section 6A — Demotion because of anti-social behaviour
Demotion because of anti-social behaviour 6A 1 This section applies to an assured tenancy if — a the landlord is a non-profit registered provider of social housing, b the landlord is a profit-making…
Section 7 — Orders for possession.
Orders for possession. 7 1 The court shall not make an order for possession of a dwelling-house let on an assured tenancy except on one or more of the grounds set out in Schedule 2 to this Act; but…
Section 8 — Notice of proceedings for possession.
Notice of proceedings for possession. 8 1 The court shall not entertain proceedings for possession of a dwelling-house let on an assured tenancy unless— a the landlord or, in the case of joint…
Section 8A — Additional notice requirements: ground of domestic violence.
Additional notice requirements: ground of domestic violence. 8A 1 Where the ground specified in a notice under section 8 (whether with or without other grounds) is Ground 14A in Schedule 2 to this…
Section 8ZA — Disapplication of conditions where notice dispensed with
Disapplication of conditions where notice dispensed with 8ZA 1 This section applies where the court exercises the power conferred by section 8(1)(b) in proceedings relating to Ground 4A, 5G or 6 in…
Section 9 — Extended discretion of court in possession claims.
Extended discretion of court in possession claims. 9 1 Subject to subsection (6) below, the court may adjourn for such period or periods as it thinks fit proceedings for possession of a…
Section 9A — Proceedings for possession on non-absolute grounds : anti-social behaviour
Proceedings for possession on non-absolute grounds : anti-social behaviour 9A 1 This section applies if the court is considering under section 7(4) whether it is reasonable to make an order for…
Section 10 — Special provisions applicable to shared accommodation.
Special provisions applicable to shared accommodation. 10 1 This section applies in a case falling within subsection (1) of section 3 above and expressions used in this section have the same meaning…
Section 10A — Power to order transfer of tenancy in certain cases
Power to order transfer of tenancy in certain cases 10A 1 This section applies on an application for an order for possession of a dwelling-house let on an assured tenancy if the court is satisfied…
Section 11 — Payment of removal expenses by social landlords in certain cases.
Payment of removal expenses by social landlords in certain cases. 11 A1 This section applies to a dwelling-house let on an assured tenancy if— a the landlord is a relevant social landlord, and b the…
Section 11A — Possession on ground 6B: compensation of tenant
Possession on ground 6B: compensation of tenant 11A 1 This section applies where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6B in Schedule 2 to this…
Section 12 — Compensation for misrepresentation or concealment.
Compensation for misrepresentation or concealment. 12 Where a landlord obtains an order for possession of a dwelling-house let on an assured tenancy on one or more of the grounds in Schedule 2 to…
Section 12A — Consent of Secretary of State required for certain subsequent disposals.
Consent of Secretary of State required for certain subsequent disposals. 12A 1 Where a person acquires any land or house from a local authority under section 12(1)(c) or (d) above and the consent of…
Section 13 — Increases of rent under assured periodic tenancies tenancies other than relevant low-cost tenancies .
Increases of rent under assured periodic tenancies tenancies other than relevant low-cost tenancies . 13 1 This section applies to— a a statutory periodic tenancy other than one which, by virtue of…
Section 13A — Increases of rent under relevant low-cost tenancies
Increases of rent under relevant low-cost tenancies 13A 1 This section applies to a relevant low-cost tenancy within the meaning given by section 13(4C). 2 For the purpose of securing an increase in…
Section 13B — Challenge to validity of notice to increase rent
Challenge to validity of notice to increase rent 13B Where a tenant under an assured tenancy makes an application to the appropriate tribunal, the tribunal may determine whether a notice served on…
Section 14 — Determination of open-market rent by tribunal .
Determination of open-market rent by tribunal . 14 A1 A tenant under an assured tenancy other than a relevant low-cost tenancy may make an application to the appropriate tribunal for the purpose of…
Section 14A — Interim increase before 1st April 1994 of rent under assured periodic tenancies in certain cases where landlord liable for council tax
Interim increase before 1st April 1994 of rent under assured periodic tenancies in certain cases where landlord liable for council tax 14A 1 In any case where— a under Part I of the Local Government…
Section 14ZA — Effect of determination: rent payable
Effect of determination: rent payable 14ZA 1 This section applies where the appropriate tribunal makes a determination on an application under section 14(A1) in relation to a tenancy. 2 The rent…
Section 14B — Interim determination of rent by the appropriate tribunal
Interim determination of rent by the appropriate tribunal 14B 1 Where, under subsection (5)(a) of section 14A above, a tenant refers to the appropriate tribunal a notice under subsection (1) of that…
Section 14ZB — Effect of determination: proposed new rent
Effect of determination: proposed new rent 14ZB 1 This section applies where the appropriate tribunal makes a determination on an application under section 14(A3) in relation to a tenancy. 2 The rent…
Section 14ZC — Repayment of rent paid for days after end of tenancy
Repayment of rent paid for days after end of tenancy 14ZC 1 A person who paid rent as a tenant under an assured tenancy is entitled to be repaid any part of that rent that relates to days falling…
Section 15 — Limited prohibition on assignment etc. without consent.
Limited prohibition on assignment etc. without consent. 15 1 Subject to subsection (3) below, it shall be an implied term of every assured tenancy which is a periodic tenancy that, except with the…
Section 15A — Loss of assured tenancy status
Loss of assured tenancy status 15A 1 Subsection (2) applies if, in breach of an express or implied term of the tenancy, a tenant of a dwelling-house let under an assured tenancy to which this section…
Section 16 — Access for repairs.
Access for repairs. 16 It shall be an implied term of every assured tenancy that the tenant shall afford to the landlord access to the dwelling-house let on the tenancy and all reasonable facilities…
Section 16A — Requesting consent to keep a pet
Requesting consent to keep a pet 16A 1 It is an implied term of every assured tenancy to which this section applies that— a a tenant may keep a pet at the dwelling-house if the tenant asks to do so…
Section 16B — Requests for consent to keep a pet: further provision
Requests for consent to keep a pet: further provision 16B 1 For the purposes of section 16A, a tenant keeps a pet at a dwelling-house if the tenant permits the pet to live at the dwelling-house…
Section 16D — Duty of landlord and contractor to give statement of terms etc
Duty of landlord and contractor to give statement of terms etc 16D 1 This section applies to an assured tenancy other than a tenancy granted by implication, after an implied surrender of a previous…
Section 16E — Other duties
Other duties 16E 1 A relevant person must not, in relation to an assured tenancy— a purport to let a dwelling-house on the tenancy for a fixed term (see section 4A), b purport to bring the tenancy to…
Section 16F — Exceptions from letting and marketing prohibitions
Exceptions from letting and marketing prohibitions 16F 1 Section 16E(2) (prohibition on letting and licensing within restricted period) does not apply where— a the relevant person relies on Ground 1…
Section 16G — Interpretation of terms related to marketing in section 16E
Interpretation of terms related to marketing in section 16E 16G 1 For the purposes of section 16E a person markets a dwelling-house to let on a tenancy when— a the person advertises that the…
Section 16H — Landlords acting through others
Landlords acting through others 16H Nothing in section 16D or 16E prevents a landlord from fulfilling or contravening an obligation through another person acting on their behalf.
Section 16I — Financial penalties
Financial penalties 16I 1 A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt— a that the person contravened section 16D or any paragraph of…
Section 16J — Offences
Offences 16J 1 A relevant person is guilty of an offence if, in relation to an assured tenancy— a the person relies on a ground in Schedule 2, knowing that the landlord would not be able to obtain an…
Section 16K — Financial penalties as an alternative to prosecution under section 16J
Financial penalties as an alternative to prosecution under section 16J 16K 1 A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person…
Section 16L — Financial penalties: supplementary and interpretation
Financial penalties: supplementary and interpretation 16L 1 The Secretary of State may give financial assistance (by way of grant, loan guarantee or in any other form) or make other payments to a…
Section 16M — Duties of landlords etc, penalties and offences: interpretation
Duties of landlords etc, penalties and offences: interpretation 16M 1 In sections 16D to 16L, Schedule 2ZA and this section— “ legal representative ” means a person carrying on a legal activity,…
Section 16N — Guarantor not liable for rent payable after tenant’s death
Guarantor not liable for rent payable after tenant’s death 16N 1 This section applies where— a an individual (the “guarantor”) is a party to an arrangement (the “guarantee”) under which the…
Section 16P — Section 16N: application and interpretation
Section 16N: application and interpretation 16P 1 Section 16N applies to a guarantee— a whether or not it is in writing; b if it is in writing, whether or not it is in the lease; c whether or not it…