Local Government Act 1988 (Competition) (Defined Activities) (Housing Management) Order 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/1671 |
| Year | 1994 |
1994 No. 1671
LOCAL GOVERNMENT, ENGLAND AND WALES
LOCAL GOVERNMENT, SCOTLAND
The Local Government Act 1988 (Competition) (Defined Activities) (Housing Management) Order 1994
Made 22th June 1994
Coming into force 23th June 1994
The Secretary of State for the Environment, in relation to England, the Secretary of State for Scotland, in relation to Scotland, and the Secretary of State for Wales, in relation to Wales, in exercise of the powers conferred on them by sections 2(3), 15(7) and (8) of the Local Government Act 19881, and of all other powers enabling them in that behalf, after consultation with such representatives of local government as appear to them to be appropriate, hereby make the following Order, a draft of which has been laid before, and has been approved by resolution of, each House of Parliament:
Citation and commencement
1. This Order may be cited as the Local Government Act 1988 (Competition) (Defined Activities) (Housing Management) Order 1994 and shall come into force on the day after the day on which it is made.
Defined activities
2.—(1) Section 2(2) of the Local Government Act 1988 (“the Act”) is amended by—
(a)
(a) the omission of “and” after paragraph (f); and
(b)
(b) the insertion after paragraph (g) of the following—
“, and
(h)
(h) housing management”.
(2) Schedule 1 to the Act is amended by the addition at the end of the following:
“Housing management
9.—(1) Subject to paragraph (2), the following (and only the following) fall within section 2(2)(h) above—
(a)
(a) dealing with applications for local authority housing once a property has been allocated to the applicant until immediately after the tenancy agreement has been entered into, and dealing with assignments under section 92 of the 1985 Act (assignments by way of exchange) or with assignations to another secure tenant by way of exchange under section 55 of the 1987 Act (assignation of secure tenancy) after the landlord has given his consent;
(b)
(b) informing local authority housing tenants of the terms of their tenancies and taking steps to enforce any such terms;
(c)
(c) collecting local authority housing rent and service charges, and service charge loan payments arising from such service charges, keeping a suitable record of the sums collected, collecting any arrears, negotiating an agreement for the payment of any arrears, and monitoring compliance with such an agreement;
(d)
(d) arranging for the vacating of local authority housing once a tenancy or licence has terminated;
(e)
(e) inspecting vacant property, assessing whether works are needed prior to the next letting, ensuring that any such works are carried out and reporting on progress to the landlord;
(f)
(f) taking steps to prevent vandalism and unlawful occupation of vacant property, including ensuring that any necessary works are carried out and reporting on progress to the landlord;
(g)
(g) taking steps to remove unlawful occupants from local authority housing;
(h)
(h) assessing the condition of the common parts of local authority housing, assessing the maintenance, repair, cleaning (including disinfestation) and clearance of such parts that is necessary, ensuring that any necessary works are carried out and reporting on progress to the landlord;
(i)
(i) assessing requests for repairs to local authority housing, ensuring that any necessary works are carried out and reporting on progress to the landlord;
(j)
(j) carrying out inspections and surveys of local authority housing for the purposes of ascertaining—
(i) its physical condition or state of repair, or
(ii)
(ii) whether or not such housing is occupied;
(k)
(k) assessing claims for compensation under regulations made under section 96 of the 1985 Act2or section 60 of the 1987 Act2(right to carry out repairs) and making recommendations to the landlord;
(l)
(l) assessing applications for payment—
(i) under regulations made under section 99A of the 1985 Act or section 58A of the 1987 Act (right to compensation for improvements)4, or
(ii) under section 100 of the 1985 Act or section 58 of the 1987 Act (power to reimburse cost of work adding to value of property), and making recommendations to the landlord;
(m)
(m) operating reception and security services provided at the entrance to local authority housing; and
(n)
(n) taking action to control any disturbance in local authority housing or to resolve disputes between occupants, including dealing with such bodies (including appropriate dispute resolution agencies) as may be appropriate.
(2) The activities described in sub-paragraphs (1)(a), (d), (g) and (j)(ii) do not fall within section 2(2)(h) above where they relate to a tenancy or prospective tenancy if—
(a)
(a) the tenant is not an individual or, as the case may...
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