Housing and Planning Act 2016
Sections and provisions with full text and the judgments that cite each one.
Section 70A — Duty to revoke licence in banning order cases
Duty to revoke licence in banning order cases 70A 1 The local housing authority must revoke a licence if a banning order is made against the licence holder. 2 The local housing authority must revoke…
Section 71 — Procedure for determinations
Procedure for determinations 71 1 Before making a determination under section 69 that relates to all local housing authorities or a description of local housing authority the Secretary of State must…
Section 72 — More about determinations
More about determinations 72 1 A determination under section 69 must be made before the financial year to which it relates. 2 But the determination may be varied or revoked by a subsequent…
Section 73 — Determinations in the first year that section 69 comes into force
Determinations in the first year that section 69 comes into force 73 If section 69 comes into force part way through a financial year, then, in relation to that financial year— a a determination…
Section 74 — Reduction of payment by agreement
Reduction of payment by agreement 74 1 The Secretary of State and a local housing authority may enter into an agreement to reduce the amount that the authority is required to pay because of a…
Section 74A — Leaving the social housing stock: transfer by private providers
Leaving the social housing stock: transfer by private providers 74A 1 A dwelling ceases to be social housing if a private registered provider of social housing owns the freehold or a leasehold…
Section 75 — Set off against repayments under section 69
Set off against repayments under section 69 75 Where the Secretary of State is liable to repay an amount that has been overpaid by a local housing authority under section 69, the Secretary of State…
Section 75ZA — Information about financial benefits
Information about financial benefits 75ZA 1 A local planning authority in England must make arrangements to ensure that the required financial benefits information is included in each report which— a…
Section 75ZB — Information about neighbourhood development plans
Information about neighbourhood development plans 75ZB 1 This section applies where— a a report of the kind mentioned in section 75ZA(1) recommends the grant of planning permission or permission in…
Section 76 — Duty to consider selling vacant higher value housing
Duty to consider selling vacant higher value housing 76 1 A local housing authority in England that keeps a Housing Revenue Account must consider selling its interest in any higher value housing that…
Section 77 — Local authority disposal of housing: consent requirements
Local authority disposal of housing: consent requirements 77 1 The Housing Act 1985 is amended as follows. 2 In section 34(4A) (consents to disposals and conditions), after paragraph (ca) (but before…
Section 78 — Set off under section 11 of Local Government Act 2003
Set off under section 11 of Local Government Act 2003 78 1 Section 11 of the Local Government Act 2003 (use of capital receipts) is amended as follows. 2 In subsection (5), after “an authority”…
Section 79 — Interpretation of Chapter
Interpretation of Chapter 79 1 In this Chapter— “becomes vacant”: housing in which a local housing authority has an interest “ becomes vacant ” when a tenancy granted by the authority comes to an end…
Section 80 — Mandatory rents for high income local authority tenants
Mandatory rents for high income local authority tenants 80 1 The Secretary of State may by regulations make provision about the levels of rent that an English local housing authority must charge a…
Section 81 — Meaning of “high income” etc
Meaning of “high income” etc 81 1 Rent regulations must— a define what is meant by “ high income ” for the purposes of this Chapter, and b make provision about how a person's income is to be…
Section 81A — New English secure tenancies to be between 2 and 10 years in general
New English secure tenancies to be between 2 and 10 years in general 81A 1 A person may grant a secure tenancy of a dwelling-house in England only if it is a tenancy for a fixed term that is— a at…
Section 81B — Cases where old-style English secure tenancies may be granted
Cases where old-style English secure tenancies may be granted 81B 1 A person may grant an old-style secure tenancy of a dwelling-house in England only— a in circumstances specified in regulations…
Section 81C — Duty to offer new secure tenancy in limited circumstances
Duty to offer new secure tenancy in limited circumstances 81C 1 This section applies where a change in circumstances means that a tenancy that is not a secure tenancy would become a secure tenancy…
Section 81D — Review of decisions about length of secure tenancies in England
Review of decisions about length of secure tenancies in England 81D 1 A person who is offered a secure tenancy of a dwelling-house in England (under section 81C or otherwise) may request a review…
Section 82 — Information about income
Information about income 82 1 Rent regulations may give a local housing authority the power to require a tenant to provide information or evidence for the purpose of determining whether the local…
Section 83 — HMRC information
HMRC information 83 1 HMRC may disclose information for the purpose of enabling a local housing authority to determine whether it is obliged by rent regulations to charge a tenant a specific level of…
Section 84 — Reverting to original rent levels
Reverting to original rent levels 84 1 Rent regulations may include provision for the purpose of ensuring that where a requirement imposed under section 80(1) ceases to apply, the rent is changed to…
Section 85 — Power to change rents and procedure for changing rents
Power to change rents and procedure for changing rents 85 1 Rent regulations may give a local housing authority power to change the rent payable under a tenancy for the purpose of complying with the…
Section 86 — Payment by local authority of increased income to Secretary of State
Payment by local authority of increased income to Secretary of State 86 1 Rent regulations may require a local housing authority to make a payment or payments to the Secretary of State in respect of…
Section 86A — English tenancies: review to determine what to do at end of fixed term
English tenancies: review to determine what to do at end of fixed term 86A 1 The landlord under a fixed term secure tenancy of a dwelling-house in England must carry out a review to decide what to do…
Section 86B — Notification of outcome of review under section 86A
Notification of outcome of review under section 86A 86B 1 On completing a review under section 86A the landlord must notify the tenant in writing of the outcome of the review. 2 The notice must be…
Section 86C — Reconsideration of decision not to grant a tenancy
Reconsideration of decision not to grant a tenancy 86C 1 Where a tenant is notified that the outcome of a review under section 86A is that the landlord has decided to seek possession of the…
Section 86D — Fixed term tenancy arising on termination of previous fixed term
Fixed term tenancy arising on termination of previous fixed term 86D 1 This section applies to a secure tenancy of a dwelling-house in England other than— a an old-style secure tenancy, or b a…
Section 86E — Recovery of possession of secure tenancies in England
Recovery of possession of secure tenancies in England 86E 1 The landlord under a secure tenancy of a dwelling-house in England may bring proceedings for possession under this section if— a the…
Section 86F — Termination of English secure tenancies by tenant
Termination of English secure tenancies by tenant 86F 1 It is a term of every secure tenancy of a dwelling-house in England, other than an old-style secure tenancy, that the tenant may terminate the…
Section 87 — Provision of information to Secretary of State
Provision of information to Secretary of State 87 Rent regulations may give the Secretary of State a power to require a local housing authority to provide information in connection with the…
Section 88 — Interaction with other legislation and consequential amendments
Interaction with other legislation and consequential amendments 88 1 The Secretary of State must use the power in section 24(5) of the Welfare Reform and Work Act 2016 to provide that section 23 of…
Section 89 — Private providers: policies for high income social tenants
Private providers: policies for high income social tenants 89 1 A private registered provider of social housing that has a policy about levels of rent for high income social tenants in England must…
Section 90 — HMRC information for private registered providers
HMRC information for private registered providers 90 1 HMRC may disclose information for the purpose of enabling a private registered provider of social housing to apply any relevant policy about…
Section 91 — Interpretation of Chapter
Interpretation of Chapter 91 In this Chapter— “ high income ” has the meaning given by regulations under section 81; “ local housing authority ” has the meaning given by section 1 of the Housing Act…
Section 92 — Reducing social housing regulation
Reducing social housing regulation 92 Schedule 4 contains amendments to reduce the regulation of social housing.
Section 93 — Reducing local authority influence over private registered providers
Reducing local authority influence over private registered providers 93 1 The Secretary of State may by regulations make provision for the purpose of limiting or removing the ability of local…
Section 93A — Duty to revoke licence in banning order cases
Duty to revoke licence in banning order cases 93A 1 The local housing authority must revoke a licence if a banning order is made against the licence holder. 2 The local housing authority must revoke…
Section 94 — Recovery of social housing assistance: successors in title
Recovery of social housing assistance: successors in title 94 1 Section 33 of the Housing and Regeneration Act 2008 (recovery of social housing assistance: interest and successors in title) is…
Section 95 — Housing administration order: providers of social housing in England
Housing administration order: providers of social housing in England 95 1 In this Chapter “ housing administration order ” means an order which— a is made by the court in relation to a private…
Section 96 — Objectives of housing administration
Objectives of housing administration 96 1 A housing administrator has two objectives— a Objective 1: normal administration (see section 97), and b Objective 2: keeping social housing in the regulated…
Section 97 — Objective 1: normal administration
Objective 1: normal administration 97 1 Objective 1 is to— a rescue the registered provider as a going concern, b achieve a better result for the registered provider's creditors as a whole than would…
Section 98 — Objective 2: keeping social housing in the regulated sector
Objective 2: keeping social housing in the regulated sector 98 1 Objective 2 is to ensure that the registered provider's social housing remains in the regulated housing sector. 2 For this purpose,…
Section 99 — Applications for housing administration orders
Applications for housing administration orders 99 1 An application for a housing administration order may be made only— a by the Secretary of State, or b with the consent of the Secretary of State,…
Section 100 — Powers of court
Powers of court 100 1 On hearing an application for a housing administration order, the court has the following powers— a it may make the order, b it may dismiss the application, c it may adjourn the…
Section 101 — Housing administrators
Housing administrators 101 1 The housing administrator of a registered provider— a is an officer of the court, and b in carrying out functions in relation to the registered provider, is the…
Section 102 — Conduct of administration etc
Conduct of administration etc 102 1 Schedule 5 contains provision applying the provisions of Schedule B1 to the Insolvency Act 1986, and certain other legislation, to housing administration orders in…
Section 103 — Housing administrator may sell land free from planning obligations
Housing administrator may sell land free from planning obligations 103 1 If the housing administrator of a registered provider disposes of land that is the subject of a planning obligation that…
Section 104 — Winding-up orders
Winding-up orders 104 1 This section applies if a person other than the Secretary of State petitions for the winding-up of a registered provider that is— a a company, aa a limited liability…
Section 105 — Voluntary winding up
Voluntary winding up 105 1 This section applies to a private registered provider that is— a a company, aa a limited liability partnership, b a registered society within the meaning of the…