Housing and Planning Act 2016
Sections and provisions with full text and the judgments that cite each one.
Section 29A — Tenants' associations: power to request information about tenants
Tenants' associations: power to request information about tenants 29A 1 The Secretary of State may by regulations impose duties on a landlord to provide the secretary of a relevant tenants'…
Section 30 — Power to include person convicted of banning order offence
Power to include person convicted of banning order offence 30 1 A local housing authority in England may make an entry in the database in respect of a person if— a the person has been convicted of a…
Section 31 — Procedure for inclusion under section 30
Procedure for inclusion under section 30 31 1 If a local housing authority decides to make an entry in the database in respect of a person under section 30 it must give the person a decision notice…
Section 32 — Appeals
Appeals 32 1 A person who has been given a decision notice under section 31 may appeal to the First-tier Tribunal against— a the decision to make the entry in the database in respect of the person,…
Section 33 — Information to be included in the database
Information to be included in the database 33 1 The Secretary of State may by regulations make provision about the information that must be included in a person's entry in the database. 2 The…
Section 34 — Updating
Updating 34 A local housing authority must take reasonable steps to keep information in the database up-to-date.
Section 35 — Power to require information
Power to require information 35 1 A local housing authority may require a person to provide specified information for the purpose of enabling the authority to decide whether to make an entry in the…
Section 36 — Removal or variation of entries made under section 30
Removal or variation of entries made under section 30 36 1 An entry made in the database under section 30 may be removed or varied in accordance with this section. 2 If the entry was made on the…
Section 37 — Requests for exercise of powers under section 36 and appeals
Requests for exercise of powers under section 36 and appeals 37 1 A person in respect of whom an entry is made in the database under section 30 may request the responsible local housing authority to…
Section 38 — Access to database
Access to database 38 The Secretary of State must give every local housing authority in England access to information in the database.
Section 39 — Use of information in database
Use of information in database 39 1 The Secretary of State may use information in the database for statistical or research purposes. 2 The Secretary of State may disclose information in the database…
Section 40 — Introduction and key definitions
Introduction and key definitions 40 1 This Chapter confers power on the First-tier Tribunal to make a rent repayment order where an offence to which this Chapter applies has been committed by— a a…
Section 41 — Application for rent repayment order
Application for rent repayment order 41 1 A tenant or a local housing authority may apply to the First-tier Tribunal for a rent repayment order against a landlord who has committed an offence to…
Section 42 — Notice of intended proceedings
Notice of intended proceedings 42 1 Before applying for a rent repayment order a local housing authority must give the landlord a notice of intended proceedings. 2 A notice of intended proceedings…
Section 43 — Making of rent repayment order
Making of rent repayment order 43 1 The First-tier Tribunal may make a rent repayment order if satisfied, beyond reasonable doubt, that a landlord has committed an offence to which this Chapter…
Section 44 — Amount of order: tenants
Amount of order: tenants 44 1 Where the First-tier Tribunal decides to make a rent repayment order under section 43 in favour of a tenant, the amount is to be determined in accordance with this…
Section 45 — Amount of order: local housing authorities
Amount of order: local housing authorities 45 1 Where the First-tier Tribunal decides to make a rent repayment order under section 43 in favour of a local housing authority, the amount is to be…
Section 46 — Amount of order following conviction
Amount of order following conviction 46 1 Where the First-tier Tribunal decides to make a rent repayment order under section 43 and either of the following conditions are met, the amount is to be the…
Section 46A — Amount of order: supplementary
Amount of order: supplementary 46A 1 A rent repayment order made against more than one landlord must provide for the landlords to be jointly and severally liable for the amount due under the order. 2…
Section 47 — Enforcement of rent repayment orders
Enforcement of rent repayment orders 47 1 An amount payable to a tenant or local housing authority under a rent repayment order is recoverable as a debt. 2 An amount payable to a local housing…
Section 48 — Duty to consider applying for rent repayment orders
Duty to consider applying for rent repayment orders 48 If a local housing authority becomes aware that a person has been convicted of an offence to which this Chapter applies in relation to housing…
Section 49 — Helping tenants apply for rent repayment orders
Helping tenants apply for rent repayment orders 49 1 A local housing authority in England may help a tenant to apply for a rent repayment order. 2 A local housing authority may, for example, help the…
Section 50 — Rent repayment orders: consequential amendments
Rent repayment orders: consequential amendments 50 1 The Housing Act 2004 is amended as follows. 2 In section 73 (other consequences of operating unlicensed HMOs: rent repayment orders)— a in…
Section 51 — Housing benefit: inclusion pending abolition
Housing benefit: inclusion pending abolition 51 1 In this Chapter a reference to universal credit or a relevant award of universal credit includes housing benefit under Part 7 of the Social Security…
Section 51A — Landlord which is body corporate: liability of directors etc
Landlord which is body corporate: liability of directors etc 51A 1 This section applies where— a a landlord which is a body corporate has committed an offence to which this Chapter applies, and b the…
Section 52 — Interpretation of Chapter
Interpretation of Chapter 52 1 In this Chapter— “ landlord ” is to be read in accordance with section 40(2A); “ offence to which this Chapter applies ” has the meaning given by section 40; “ relevant…
Section 52AZA — Repayment by claimant etc.
Repayment by claimant etc. 52AZA 1 Where the amount or aggregate amount of any payments under section 52 made on the basis of the acquiring authority's estimate of the compensation exceeds the…
Section 52B — Interest on advance payments of compensation paid late
Interest on advance payments of compensation paid late 52B 1 If the acquiring authority are required by section 52(1A) or (1B) to make an advance payment of compensation but pay some or all of it…
Section 52ZD — Making a request for advance payment
Making a request for advance payment 52ZD 1 The appropriate national authority may by regulations impose requirements about the form and content of a request under section 52(2), 52ZA(3) or 52ZB(3).…
Section 52ZE — Payment to mortgagee recoverable if notice to treat withdrawn
Payment to mortgagee recoverable if notice to treat withdrawn 52ZE 1 Where an acquiring authority have made a payment to a mortgagee under section 52ZA or 52ZB in relation to an interest in land and…
Section 53 — Appeals from the first-tier tribunal
Appeals from the first-tier tribunal 53 1 A person aggrieved by a decision of the First-tier Tribunal made under this Part may appeal to the Upper Tribunal. 2 An appeal may not be brought under…
Section 54 — Meaning of “letting agent” and related expressions
Meaning of “letting agent” and related expressions 54 1 In this Part “ letting agent ” means a person who engages in letting agency work (whether or not that person engages in other work). 2 But a…
Section 55 — Meaning of “property manager” and related expressions
Meaning of “property manager” and related expressions 55 1 In this Part “ property manager ” means a person who engages in English property management work. 2 But a person is not a property manager…
Section 56 — General interpretation of Part
General interpretation of Part 56 In this Part— “ banning order ” has the meaning given by section 14; “ banning order offence ” has the meaning given by section 14; “ body corporate ” includes a…
Section 57 — Recovering abandoned premises
Recovering abandoned premises 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 58 — The unpaid rent condition
The unpaid rent condition 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 58A — Permission in principle: general
Permission in principle: general 58A 1 Permission in principle may be granted for housing-led development of land in England as provided in section 59A. 2 Permission in principle may not be granted…
Section 59 — Warning notices
Warning notices 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 59A — Development orders: permission in principle
Development orders: permission in principle 59A 1 A development order may either— a itself grant permission in principle, in relation to land in England that is allocated for development in a…
Section 60 — Reinstatement
Reinstatement 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 61 — Methods for giving notices under sections 57 and 59
Methods for giving notices under sections 57 and 59 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 62 — Interpretation of Part
Interpretation of Part 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 63 — Consequential amendment to Housing Act 1988
Consequential amendment to Housing Act 1988 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 64 — Grants by Secretary of State
Grants by Secretary of State 64 1 The Secretary of State may make grants to private registered providers in respect of right to buy discounts. 2 A grant under this section may be made on any terms…
Section 65 — Grants by Greater London Authority
Grants by Greater London Authority 65 1 The Greater London Authority may make grants to private registered providers in respect of right to buy discounts for dwellings in London. 2 A grant under this…
Section 66 — Monitoring
Monitoring 66 1 The Regulator of Social Housing must, if requested to do so by the Secretary of State, monitor compliance with the home ownership criteria. 2 “ The home ownership criteria ” means…
Section 67 — Consequential changes to HCA's duty to give grants
Consequential changes to HCA's duty to give grants 67 1 Section 35 of the Housing and Regeneration Act 2008 (duty to give financial assistance in respect of certain disposals) is amended as follows.…
Section 68 — Interpretation of Chapter
Interpretation of Chapter 68 In this Chapter— “ dwelling ” has the meaning given by section 275 of the Housing and Regeneration Act 2008; “ private registered provider ” means a private registered…
Section 69 — Payments to Secretary of State
Payments to Secretary of State 69 1 The Secretary of State may make a determination requiring a local housing authority in England to make a payment to the Secretary of State in respect of a…
Section 70 — Housing to be taken into account
Housing to be taken into account 70 1 This section is about the housing to be taken into account under section 69(2). 2 Housing is to be taken into account only if— a it appears in the list in…