Housing and Planning Act 2016
Sections and provisions with full text and the judgments that cite each one.
Section 106 — Making of ordinary administration orders
Making of ordinary administration orders 106 1 This section applies if a person other than the Secretary of State makes an ordinary administration application in relation to a private registered…
Section 106ZA — Resolution of disputes about planning obligations
Resolution of disputes about planning obligations 106ZA Schedule 9A (resolution of disputes about planning obligations) has effect.
Section 106ZB — Enforceability of planning obligations regarding affordable housing
Enforceability of planning obligations regarding affordable housing 106ZB 1 Regulations made by the Secretary of State may impose restrictions or conditions on the enforceability of planning…
Section 107 — Administrator appointments by creditors etc
Administrator appointments by creditors etc 107 1 Subsections (2) to (4) make provision about appointments under paragraph 14 or 22 of Schedule B1 to the Insolvency Act 1986 (powers to appoint…
Section 108 — Enforcement of security
Enforcement of security 108 1 This section applies in relation to a private registered provider ... 2 A person may not take any step to enforce a security over property of the registered provider…
Section 109 — Grants and loans where housing administration order is made
Grants and loans where housing administration order is made 109 1 If a housing administration order has been made in relation to a registered provider, the Secretary of State may make grants or loans…
Section 110 — Indemnities where housing administration order is made
Indemnities where housing administration order is made 110 1 If a housing administration order has been made in relation to a registered provider, the Secretary of State may agree to indemnify…
Section 111 — Indemnities: repayment by registered provider etc
Indemnities: repayment by registered provider etc 111 1 This section applies where a sum is paid out by the Secretary of State in consequence of an indemnity agreed to under section 110 in relation…
Section 112 — Guarantees where housing administration order is made
Guarantees where housing administration order is made 112 1 If a housing administration order has been made in relation to a registered provider the Secretary of State may guarantee— a the repayment…
Section 113 — Guarantees: repayment by registered provider etc
Guarantees: repayment by registered provider etc 113 1 This section applies where a sum is paid out by the Secretary of State under a guarantee given by the Secretary of State under section 112 in…
Section 114 — Modification of this Chapter under the Enterprise Act 2002
Modification of this Chapter under the Enterprise Act 2002 114 1 The power to modify or apply enactments conferred on the Secretary of State by each of the sections of the Enterprise Act 2002…
Section 115 — Amendments to housing moratorium and consequential amendments
Amendments to housing moratorium and consequential amendments 115 Schedule 6 contains amendments to do with this Chapter.
Section 115B — Meaning of “flexible tenancy”
Meaning of “flexible tenancy” 115B 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…
Section 115C — Meaning of “old-style secure tenancy” in England
Meaning of “old-style secure tenancy” in England 115C In this Part “ old-style secure tenancy ” means a secure tenancy of a dwelling-house in England that— a is a secure tenancy, other than a…
Section 116 — Interpretation of Chapter
Interpretation of Chapter 116 1 In this Chapter— “ business ”, “ member ”, “ property ” and “ security ” have the same meaning as in the Insolvency Act 1986; “ charitable incorporated organisation ”…
Section 117 — Application of Part to Northern Ireland
Application of Part to Northern Ireland 117 1 This section makes provision about the application of this Chapter to Northern Ireland. 2 Any reference to any provision of the Insolvency Act 1986 is to…
Section 118 — Secure tenancies etc: phasing out of tenancies for life
Secure tenancies etc: phasing out of tenancies for life 118 Schedule 7 changes the law about secure tenancies, introductory tenancies and demoted tenancies to phase out tenancies for life.
Section 119 — Termination of fixed-term secure tenancies without need to forfeit
Termination of fixed-term secure tenancies without need to forfeit 119 1 The Housing Act 1985 is amended as follows. 2 In section 82 (security of tenure)— a before subsection (1) insert— A1 A…
Section 120 — Succession to secure tenancies and related tenancies
Succession to secure tenancies and related tenancies 120 Schedule 8 changes the law about succession to secure tenancies, introductory tenancies and demoted tenancies.
Section 121 — Secure and assured tenancies: transfer of tenancy
Secure and assured tenancies: transfer of tenancy 121 1 The Localism Act 2011 is amended as follows. 2 In section 158 of the Localism Act 2011 (secure and assured tenancies: transfer of tenancy)— a…
Section 122 — Electrical safety standards for residential properties let by landlords
Electrical safety standards for residential properties let by landlords 122 1 The Secretary of State may by regulations impose duties on a ... landlord of residential premises in England to whom this…
Section 123 — Electrical safety standards: enforcement
Electrical safety standards: enforcement 123 1 Regulations under section 122 may provide for covenants to be implied into a tenancy. 2 Regulations under that section— a may make provision about the…
Section 124 — Assessment of accommodation needs
Assessment of accommodation needs 124 1 In section 8 of the Housing Act 1985 (periodical review of housing needs), after subsection (2) insert— 3 In the case of a local housing authority in England,…
Section 124A — New introductory tenancies in England: overall length
New introductory tenancies in England: overall length 124A 1 A local housing authority or a housing action trust may enter into an introductory tenancy of a dwelling-house in England only if it is a…
Section 124B — Review of decisions about length of introductory tenancies in England
Review of decisions about length of introductory tenancies in England 124B 1 A person who is offered an introductory tenancy of a dwelling-house in England may request a review under this section. 2…
Section 125 — Licences for HMO and other rented accommodation: additional tests
Licences for HMO and other rented accommodation: additional tests 125 1 The Housing Act 2004 is amended as follows. 2 In section 63 (application for licences: houses in multiple occupation), in…
Section 126 — Financial penalty as alternative to prosecution under Housing Act 2004
Financial penalty as alternative to prosecution under Housing Act 2004 126 Schedule 9 amends the Housing Act 2004 to allow financial penalties to be imposed as an alternative to prosecution for…
Section 127 — Offence of contravening an overcrowding notice: level of fine
Offence of contravening an overcrowding notice: level of fine 127 1 Section 139 of the Housing Act 2004 (overcrowding notices) is amended as follows. 2 In subsection (7), omit “and is liable on…
Section 128 — Tenancy deposit information
Tenancy deposit information 128 1 The Housing Act 2004 is amended as follows. 2 In section 212 (tenancy deposit schemes), after subsection (6) insert— 6A For further provision about what must be…
Section 129 — Use of information obtained for certain other statutory purposes
Use of information obtained for certain other statutory purposes 129 1 The Housing Act 2004 is amended as follows. 2 In section 237 (use of information obtained for certain other statutory purposes)…
Section 130 — Tenants' associations: power to request information about tenants
Tenants' associations: power to request information about tenants 130 After section 29 of the Landlord and Tenant Act 1985 insert— Tenants' associations: power to request information about tenants…
Section 130A — Persons qualified to succeed to introductory tenancy: England
Persons qualified to succeed to introductory tenancy: England 130A 1 A person is qualified to succeed the tenant under an introductory tenancy of a dwelling-house in England if— a the person occupies…
Section 131 — Limitation of administration charges: costs of proceedings
Limitation of administration charges: costs of proceedings 131 In Schedule 11 to the Commonhold and Leasehold Reform Act 2002 (administration charges), after paragraph 5 insert— Limitation of…
Section 132 — Estate agents: lead enforcement authority
Estate agents: lead enforcement authority 132 1 Before section 25 of the Estate Agents Act 1979 insert— Lead enforcement authority 24A 1 In this Act “ the lead enforcement authority ” means— a the…
Section 133 — Power to require property agents to join client money protection schemes
Power to require property agents to join client money protection schemes 133 1 The Secretary of State may by regulations require a property agent to be a member of— a a client money protection scheme…
Section 134 — Client money protection schemes: approval or designation
Client money protection schemes: approval or designation 134 1 The Secretary of State may by regulations make provision about the approval or designation of client money protection schemes for the…
Section 135 — Enforcement of client money protection scheme regulations
Enforcement of client money protection scheme regulations 135 1 The Secretary of State may by regulations make provision about the enforcement of a duty imposed by regulations under section 133. 2…
Section 136 — Enfranchisement and extension of long leaseholds: calculations
Enfranchisement and extension of long leaseholds: calculations 136 Schedule 10 changes the method of calculating certain amounts under— a the Leasehold Reform Act 1967, and b the Leasehold Reform,…
Section 137 — Redemption price for rentcharges
Redemption price for rentcharges 137 1 The Rentcharges Act 1977 is amended as follows. 2 In section 9(4)(a), after “in accordance with” insert “ regulations under ” . 3 In section 10, for subsection…
Section 138 — Procedure for redeeming English rentcharges
Procedure for redeeming English rentcharges 138 1 The Rentcharges Act 1977 is amended in accordance with subsections (2) to (5). 2 Before section 8 (but after the italic heading before section 8)…
Section 139 — Designation of neighbourhood areas
Designation of neighbourhood areas 139 In section 61G of the Town and Country Planning Act 1990 (meaning of “neighbourhood area”), after subsection (11) insert— 12 Regulations under subsection (11)…
Section 140 — Timetable in relation to neighbourhood development orders and plans
Timetable in relation to neighbourhood development orders and plans 140 1 In Schedule 4B to the Town and Country Planning Act 1990 (process for making of neighbourhood development orders), after…
Section 141 — Making neighbourhood development orders and plans: intervention powers
Making neighbourhood development orders and plans: intervention powers 141 1 In Schedule 4B to the Town and Country Planning Act 1990, before paragraph 14 insert— Intervention powers of Secretary of…
Section 142 — Local planning authority to notify neighbourhood forum of applications
Local planning authority to notify neighbourhood forum of applications 142 In Schedule 1 to the Town and Country Planning Act 1990 (local planning authorities: distribution of functions), after…
Section 143 — Power to direct amendment of local development scheme
Power to direct amendment of local development scheme 143 1 In section 15 of the Planning and Compulsory Purchase Act 2004 (local development scheme), before subsection (4) insert— 3A If a local…
Section 143GA — Persons qualified to succeed to demoted tenancy: England
Persons qualified to succeed to demoted tenancy: England 143GA 1 A person is qualified to succeed the tenant under a demoted tenancy of a dwelling-house in England if— a the person occupies the…
Section 143GB — Succession to demoted tenancy: England
Succession to demoted tenancy: England 143GB 1 This section applies if the tenant under a demoted tenancy of a dwelling-house in England dies. 2 Where there is a person qualified to succeed the…
Section 143MB — Default flexible tenancies when no notice given under section 143MA
Default flexible tenancies when no notice given under section 143MA 143MB 1 This section applies where— a a landlord has the power to serve a notice under section 143MA on the tenant under a demoted…
Section 144 — Power to give direction to examiner of development plan document
Power to give direction to examiner of development plan document 144 In section 20 of the Planning and Compulsory Purchase Act 2004 (independent examination), after subsection (6) insert— 6A The…
Section 145 — Intervention by Secretary of State
Intervention by Secretary of State 145 1 In section 21 of the Planning and Compulsory Purchase Act 2004 (intervention by Secretary of State), in subsection (3), after “if” insert “ or to the extent…