Housing Act 1985

Cited as:1985 c. 68
Jurisdiction:UK Non-devolved


Housing Act 1985

1985 CHAPTER 68

An Act to consolidate the Housing Acts (except those provisions consolidated in the Housing Associations Act 1985 and the Landlord and Tenant Act 1985), and certain related provisions, with amendments to give effect to recommendations of the Law Commission.

[30th October 1985]

B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I INTRODUCTORY PROVISIONS

PART I

INTRODUCTORY PROVISIONS

Local housing authorities

Local housing authorities

S-1 Local housing authorities.

1 Local housing authorities.

In this Act ‘local housing authority’ means a district council a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly

S-2 The district of a local housing authority.

2 The district of a local housing authority.

(1) References in this Act to the district of a local housing authority are to the area of the council concerned, that is, to the district, London borough, the City of London or the Isles of Scilly, as the case may be

(2) References in this Act to ‘the local housing authority’, in relation to land, are to the local housing authority in whose district the land is situated

S-3 Buildings situated in more than one district.

3 Buildings situated in more than one district.

(1) Where a building is situated partly in the district of one local housing authority and partly in the district of another, the authorities may agree that—

( a ) the building, or

( b ) the building, its site and any yard, garden, outhouses and appurtenances belonging to the building or usually enjoyed with it,

shall be treated for the purposes of the enactments relating to housing as situated in such one of the districts as is specified in the agreement.

(2) Whilst the agreement is in force the enactments relating to housing have effect accordingly.

Other authorities and bodies

Other authorities and bodies

S-4 Other descriptions of authority.

4 Other descriptions of authority.

In this Act—

a ) ‘housing authority’ means a local housing authority, a new town corporation or the Development Board for Rural Wales;
b ) ‘new town corporation’ means a development corporation or the Commission for the New Towns;
c ) ‘development corporation’ means a development corporation established by an order made, or having effect as if made, under the New Towns Act 1981;
d ) ‘urban development corporation’ means an urban development corporation established under Part XVI of the Local Government, Planning and Land Act 1980;
e ) ‘local authority’ means a county, district or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly, and in sections 45(2)( b ), 50(2), 51(6), 80(1), 157(1), 171(2), 438, 441, 442, 443, 444(4), 452(2), 453(2), 573(1), paragraph 2(1) of Schedule 1, grounds 7 and 12 in Schedule 2, ground 5 in Schedule 3, paragraph 7(1) of Schedule 4, paragraph 5(1)( b ) of Schedule 5 and Schedule 16 includes the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985.
S-5 Housing associations.

5 Housing associations.

(1) In this Act ‘housing association’ means a society, body of trustees or company—

( a ) which is established for the purpose of, or amongst whose objects or powers are included those of, providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of, housing accommodation, and

( b ) which does not trade for profit or whose constitution or rules prohibit the issue of capital with interest or dividend exceeding such rate as may be prescribed by the Treasury, whether with or without differentiation as between share and loan capital.

(2) In this Act ‘fully mutual’, in relation to a housing association, means that the rules of the association—

( a ) restrict membership to persons who are tenants or prospective tenants of the association, and

( b ) preclude the granting or assignment of tenancies to persons other than members;

and ‘co-operative housing association’ means a fully mutual housing association which is a society registered under the Industrial and Provident Societies Act 1965 .

(3) In this Act ‘self-build society’ means a housing association whose object is to provide, for sale to, or occupation by, its members, dwellings built or improved principally with the use of its members' own labour.

(4) References in this Act to registration in relation to a housing association are to registration under the Housing Associations Act 1985 .

S-6 Housing trusts.

6 Housing trusts.

In this Act ‘housing trust’ means a corporation or body of persons which—

a ) is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation, or
b ) is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds for charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.
Supplementary provisions

Supplementary provisions

S-7 Index of defined expressions: Part I.

7 Index of defined expressions: Part I.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—

district (of a local housing authority)

section 2(1)

local housing authority

section 1, 2(2)

tenancy and tenant

section 621
II PROVISION OF HOUSING ACCOMMODATION

PART II

PROVISION OF HOUSING ACCOMMODATION

Main powers and duties of local housing authorities

Main powers and duties of local housing authorities

S-8 Periodical review of housing needs.

8 Periodical review of housing needs.

(1) Every local housing authority shall consider housing conditions in their district and the needs of the district with respect to the provision of further housing accommodation

(2) For that purpose the authority shall review any information which has been brought to their notice, including in particular information brought to their notice as a result of inspections and surveys carried out under section 605 (periodical review of housing conditions)

S-9 Provision of housing accommodation.

9 Provision of housing accommodation.

(1) A local housing authority may provide housing accommodation—

( a ) by erecting houses, or converting buildings into houses on land acquired by them for the purposes of this Part; or

( b ) by acquiring houses.

(2) The authority may alter, enlarge, repair or improve a house so erected, converted or acquired.

(3) These powers may equally be exercised in relation to land acquired for the purpose—

( a ) of disposing of houses provided, or to be provided, on the land, or

( b ) of disposing of the land to a person who intends to provide housing accommodation on it.

(4) A local housing...

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