Housing Act 1988
Sections and provisions with full text and the judgments that cite each one.
Section 17 — Succession to assured tenancy .
Succession to assured tenancy . 17 1 Subject to subsection (1D), In any case where— a the sole tenant under an assured periodic tenancy dies, and b immediately before the death, the tenant’s spouse…
Section 18 — Provisions as to reversions on assured tenancies.
Provisions as to reversions on assured tenancies. 18 1 If at any time— a a dwelling-house is for the time being lawfully let on an assured tenancy, and b the landlord under the assured tenancy is…
Section 19 — Restriction on levy of distress for rent.
Restriction on levy of distress for rent. 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 19A — Assured shorthold tenancies: post-Housing Act 1996 tenancies.
Assured shorthold tenancies: post-Housing Act 1996 tenancies. 19A An assured tenancy which— a is entered into on or after the day on which section 96 of the Housing Act 1996 comes into force…
Section 20 — Assured shorthold tenancies: pre-Housing Act 1996 tenancies.
Assured shorthold tenancies: pre-Housing Act 1996 tenancies. 20 1 Subject to subsection (3) below, an assured tenancy which is not one to which section 19A above applies is an assured shorthold…
Section 20A — Post-Housing Act 1996 tenancies: duty of landlord to provide statement as to terms of tenancy.
Post-Housing Act 1996 tenancies: duty of landlord to provide statement as to terms of tenancy. 20A 1 Subject to subsection (3) below, a tenant under an assured shorthold tenancy to which section 19A…
Section 20B — Demoted assured shorthold tenancies
Demoted assured shorthold tenancies 20B 1 An assured tenancy is an assured shorthold tenancy to which this section applies (a demoted assured shorthold tenancy) if— a the tenancy is created by virtue…
Section 20C — Assured shorthold tenancies following demoted tenancies
Assured shorthold tenancies following demoted tenancies 20C 1 Subsection (2) applies if— a section 20B applies to an assured shorthold tenancy of a dwelling-house in England (“the demoted tenancy”),…
Section 20D — Assured shorthold tenancies following family intervention tenancies
Assured shorthold tenancies following family intervention tenancies 20D 1 An assured tenancy that arises by virtue of a notice under paragraph 12ZA(2) of Schedule 1 in respect of a family…
Section 21 — Recovery of possession on expiry or termination of assured shorthold tenancy.
Recovery of possession on expiry or termination of assured shorthold tenancy. 21 1 Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the…
Section 21A — Compliance with prescribed legal requirements
Compliance with prescribed legal requirements 21A 1 A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a…
Section 21B — Requirement for landlord to provide prescribed information
Requirement for landlord to provide prescribed information 21B 1 The Secretary of State may by regulations require information about the rights and responsibilities of a landlord and a tenant under…
Section 21C — Repayment of rent where tenancy ends before end of a period
Repayment of rent where tenancy ends before end of a period 21C 1 A tenant under an assured shorthold tenancy of a dwelling-house in England is entitled to a repayment of rent from the landlord…
Section 22 — Reference of excessive rents to appropriate tribunal .
Reference of excessive rents to appropriate tribunal . 22 1 Subject to section 23 and subsection (2) below, the tenant under an assured shorthold tenancy . . . may make an application in the…
Section 23 — Termination of tribunal’s functions.
Termination of tribunal’s functions. 23 1 If the Secretary of State by order made by statutory instrument so provides, section 22 above shall not apply in such cases or to tenancies of…
Section 24 — Assured agricultural occupancies.
Assured agricultural occupancies. 24 1 A tenancy or licence of a dwelling-house is for the purposes of this Part of this Act an “ assured agricultural occupancy ” if— a it is of a description…
Section 24A — Opting out
Opting out 24A 1 A tenancy that would otherwise be an assured agricultural occupancy for the purposes of this Part is not such an occupancy for those purposes if— a before the tenancy is entered…
Section 25 — Security of tenure.
Security of tenure. 25 1 If a statutory periodic tenancy arises on the coming to an end of an assured agricultural occupancy— a it shall be an assured agricultural occupancy as long as, by virtue of…
Section 26 — Rehousing of agricultural workers etc.
Rehousing of agricultural workers etc. 26 In section 27 of the Rent (Agriculture) Act 1976 (rehousing: applications to housing authority)— a in subsection (1)(a) after “statutory tenancy” there shall…
Section 27 — Damages for unlawful eviction.
Damages for unlawful eviction. 27 1 This section applies if, at any time after 9th June 1988, a landlord (in this section referred to as “ the landlord in default ”) or any person acting on behalf of…
Section 28 — The measure of damages.
The measure of damages. 28 1 The basis for the assessment of damages referred to in section 27(3) above is the difference in value, determined as at the time immediately before the residential…
Section 29 — Offences of harassment.
Offences of harassment. 29 1 In section 1 of the 1977 Act (unlawful eviction and harassment of occupier), with respect to acts done after the commencement of this Act, subsection (3) shall have…
Section 30 — Variation of scope of 1977 ss. 3 and 4.
Variation of scope of 1977 ss. 3 and 4. 30 1 In section 3 of the 1977 Act (prohibition of eviction without due process of law), in subsection (1) for the words “not a statutorily protected tenancy”…
Section 31 — Excluded tenancies and licences.
Excluded tenancies and licences. 31 After section 3 of the 1977 Act there shall be inserted the following section— Excluded tenancies and licences. 3A 1 Any reference in this Act to an excluded…
Section 32 — Notice to quit etc.
Notice to quit etc. 32 1 In section 5 of the 1977 Act (validity of notices to quit) at the beginning of subsection (1) there shall be inserted the words “Subject to subsection (1B) below”. 2 After…
Section 33 — Interpretation of Chapter IV and the 1977 Act.
Interpretation of Chapter IV and the 1977 Act. 33 1 In this Chapter “ the 1977 Act ” means the Protection from Eviction Act 1977. 2 In section 8 of the 1977 Act (interpretation) at the end of…
Section 34 — New protected tenancies and agricultural occupancies restricted to special cases.
New protected tenancies and agricultural occupancies restricted to special cases. 34 1 A tenancy which is entered into on or after the commencement of this Act cannot be a protected tenancy, unless—…
Section 35 — Removal of special regimes for tenancies of housing associations etc.
Removal of special regimes for tenancies of housing associations etc. 35 1 In this section “ housing association tenancy ” has the same meaning as in Part VI of the Rent Act 1977. 2 A tenancy which…
Section 36 — New restricted contracts limited to transitional cases.
New restricted contracts limited to transitional cases. 36 1 A tenancy or other contract entered into after the commencement of this Act cannot be a restricted contract for the purposes of the Rent…
Section 37 — No further assured tenancies under Housing Act 1980.
No further assured tenancies under Housing Act 1980. 37 1 A tenancy which is entered into on or after the commencement of this Act cannot be an assured tenancy for the purposes of sections 56 to 58…
Section 38 — Transfer of existing tenancies from public to private sector.
Transfer of existing tenancies from public to private sector. 38 1 The provisions of subsection (3) below apply in relation to a tenancy which was entered into before, or pursuant to a contract made…
Section 39 — Statutory tenants: succession.
Statutory tenants: succession. 39 1 In section 2(1)(b) of the Rent Act 1977 (which introduces the provisions of Part I of Schedule 1 to that Act relating to statutory tenants by succession) after the…
Section 40 — Jurisdiction of county courts.
Jurisdiction of county courts. 40 1 The county court shall have jurisdiction to hear and determine any question arising under any provision of— a Chapters I to III and V above, or b sections 27 and…
Section 41 — Rent assessment committees: procedure and information powers.
Rent assessment committees: procedure and information powers. 41 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 The rent assessment committee to whom a matter is referred under…
Section 41A — Amounts attributable to services.
Amounts attributable to services. 41A In order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992 or to…
Section 41B — Provision of information as to exemption from council tax
Provision of information as to exemption from council tax 41B A billing authority within the meaning of Part I of the Local Government Finance Act 1992 shall, if so requested in writing by a rent…
Section 42 — Information as to determinations of rents in Wales .
Information as to determinations of rents in Wales . 42 1 The President of the rent assessment panel shall keep and make publicly available, in such manner as is specified in an order made by the…
Section 42A — Information as to determination of rents in England
Information as to determination of rents in England 42A 1 The Chamber President of the Property Chamber of the First-tier Tribunal shall keep and make publicly available, in such manner as may be…
Section 43 — Powers of local authorities for purposes of giving information.
Powers of local authorities for purposes of giving information. 43 In section 149 of the Rent Act 1977 (which, among other matters, authorises local authorities to publish information for the benefit…
Section 44 — Application to Crown Property.
Application to Crown Property. 44 1 Subject to paragraph 11 of Schedule 1 to this Act and subsection (2) subsections (1A) and (2) below, Chapters I to IV above apply in relation to premises in which…
Section 45 — Interpretation of Part I.
Interpretation of Part I. 45 1 In this Part of this Act, except where the context otherwise requires,— “ appropriate tribunal ” means— in relation to a dwelling-house in England, the First-tier…
Section 46 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Section 47 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Section 48 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Section 49 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Section 50 — Housing association grants.
Housing association grants. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 51 — Revenue deficit grants.
Revenue deficit grants. 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 52 — 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…
Section 53 — Determinations under Part II.
Determinations under Part II. 53 1 A general determination may either— a make the same provision for all cases; or b make different provision for different cases or descriptions of cases, including…
Section 54 — Tax relief grants.
Tax relief grants. 54 1 If a housing association makes a claim to the Secretary of State in respect of a period and satisfies him that throughout the period it was a housing association to which this…