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Housing Act 1988



  1. In section 171F of that Act (subsequent dealings after disposal of dwelling-house to private sector landlord: possession on grounds of suitable alternative accommodation) after “Rent Act 1977” there shall be inserted “or on Ground 9 in Schedule 2 to the Housing Act 1988”.
  2. In section 236 of that Act at the end of subsection (2) (meaning of “occupying tenant”) there shall be added the words “or (e) is a licensee under an assured agricultural occupancy.”
  3. In section 238 of that Act (index of defined expressions in Part VII) before the entry relating to “clearance area” there shall be inserted—
    “assured agricultural occupancy ... ... ... ... section 622”.
  4. In section 247 of that Act (notification of certain disposals of land to the local housing authority), in subsection (5) (provision not to apply to certain disposals) after paragraph (c) there shall be inserted the following paragraph—
    “(ca) the grant of an assured tenancy or assured agricultural occupancy, or of a tenancy which is not such a tenancy or occupancy by reason only of paragraph 10 of Schedule 1 to the Housing Act 1988 (resident landlords) or of that paragraph and the fact that the accommodation which is let is not let as a separate dwelling”.
  5. In section 263 of that Act (index of defined expressions in Part VIII) before the entry relating to “clearance area” there shall be inserted—
    “assured agricultural occupancy ... ... ... ... section 622 assured tenancy ... ... ... ... section 622”.
  6. In Part IX of that Act (slum clearance) in the following provisions relating to the recovery of possession, namely, sections 264(5), 270(3), 276 and 286(3), after the words “Rent Acts” there shall be inserted “or Part I of the Housing Act 1988”.
  7. In section 309 of that Act (recovery of possession of premises for purposes of approved redevelopment), in paragraph (a) of subsection (1) after the words “the Rent Act 1977)” the following words shall be inserted “or let on or subject to an assured tenancy or assured agricultural occupancy”; and in the words following paragraph (b) of that subsection after the words “section 98(1)(a) of the Rent Act 1977” there shall be inserted “or section 7 of the Housing Act 1988”.
  8. In section 323 of that Act (index of defined expressions in Part IX) before the entry relating to “clearance area” there shall be inserted—
    “assured agricultural occupancy ... ... ... ... section 622 assured tenancy ... ... ... ... section 622”.
  9. In section 368 of that Act (means of escape from fire: power to secure that part of house not used for human habitation), in subsection (6) after the words “Rent Acts” there shall be inserted “or Part I of the Housing Act 1988”.
  10. In section 381 of that Act (general effect of control order), in subsection (3) after the words “Rent Acts” there shall be inserted “and Part I of the Housing Act 1988”.
  11. (1) In section 382 of that Act (effect of control order on persons occupying house) after subsection (3) there shall be inserted the following subsection—
    “(3A) Section 1(2) of and paragraph 12 of Part I of Schedule 1 to the Housing Act 1988 (which exclude local authority lettings from Part I of that Act) do not apply to a lease or agreement under which a person to whom this section applies is occupying part of the house.” (2) In subsection (4) of that section after paragraph (b) there shall be inserted “or (c) an assured tenancy or assured agricultural occupancy within the meaning of Part I of the Housing Act 1988”; and for the words “either of those Acts” there shall be substituted “any of those Acts”.
  12. In section 400 of that Act (index of defined expressions for Part XI) after the entry relating to “appropriate multiplier” there shall be inserted—
    “assured tenancy ... ... ... ... section 622 assured agricultural occupancy ... ... ... ... section 622”.
  13. In section 429A of that Act (housing management: financial assistance etc.) in subsection (2), in paragraph (a) after the words “secure tenancies)” there shall be inserted “or subsection (2A)” and at the end of that subsection there shall be inserted the following subsection—
    “(2A) Subsection (2)(a) applies to the following bodies—
    (a) the Housing Corporation; (b) Housing for Wales; (c) a housing trust which is a charity; (d) a registered housing association other than a co-operative housing association; and (e) an unregistered housing association which is a co-operative housing association.”
  14. In section 434 of that Act (index of defined expressions for Part XIII) there shall be inserted, in the appropriate places in alphabetical order, the following entries—
    “charity ... ... ... ... section 622” “co-operative housing association ... ... ... ... section 5(2)” “housing association ... ... ... ... section 5(1)” “housing trust ... ... ... ... section 6”.
  15. In section 450A of that Act (right to a loan in certain cases after exercise of right to buy) in subsection (6), in the definition of “housing authority” for the words from “housing association” onwards there shall be substituted “registered housing association other than a co-operative housing association and any unregistered housing association which is a co-operative housing association; and”.
  16. In section 450B of that Act (power to make loans in other cases) in subsection (4), in the definition of “housing authority” for the words from “housing association” onwards there shall be substituted “registered housing association other than a co-operative housing association and any unregistered housing association which is a co-operative housing association; and”.
  17. In section 459 of that Act (index of defined expressions for Part XIV) after the entry relating to “building society” there shall be inserted—
    “co-operative housing association ... ... ... ... section 5(2)”.
  18. In section 533 of that Act (assistance for owners of defective housing: exceptions to eligibility) after the words “Rent (Agriculture) Act 1976” there shall be inserted “or who occupies the dwelling under an assured agricultural occupancy which is not an assured tenancy”.
  19. In section 553 of that Act (effect of repurchase of defective dwellings on certain existing tenancies) in subsection (2)—
    (a) in paragraph (a) after the words “protected tenancy” there shall be inserted “or an assured tenancy”; (b) at the end of paragraph (b) there shall be added the words “or in accordance with any of Grounds 1, 3, 4 and 5 in Schedule 2 to the Housing Act 1988 (notice that possession might be recovered under that ground) or under section 20(1)(c) of that Act (notice served in respect of assured shorthold tenancies); and”; and (c) after paragraph (b) there shall be added—
    “(c) the tenancy is not an assured periodic tenancy which, by virtue of section 39(7) of the Housing Act 1988 (successors under the Rent Act 1977), is an assured shorthold tenancy”.
  20. (1) In section 554 of that Act (grant of tenancy of defective dwelling to former owner-occupier) at the end of subsection (2) there shall be inserted the following subsection—
    “(2A) If the authority is a registered housing association, other than a housing co-operative, within the meaning of section 27B, their obligation is to grant a secure tenancy if the individual to whom a tenancy is to be granted—
    (a) is a person who, immediately before he acquired his interest in the dwelling-house, was a secure tenant of it; or (b) is the spouse or former spouse or widow or widower of a person falling within paragraph (a); or (c) is a member of the family, within the meaning of section 186, of a person falling within paragraph (a) who has died, and was residing with that person in the dwelling-house at the time of and for the period of twelve months before his death.” (2) In subsection (3) of that section, at the end of paragraph (b) there shall be inserted “or (c) an assured tenancy which is neither an assured shorthold tenancy, within the meaning of Part I of the Housing Act 1988, nor a tenancy under which the landlord might recover possession on any of Grounds 1 to 5 in Schedule 2 to that Act.”
  21. In section 577 of that Act (index of defined expressions for Part XVI) after the entry relating to “associated arrangement” there shall be inserted—
    “assured agricultural occupancy ... ... ... ... section 622 assured tenancy ... ... ... ... section 622”.
  22. In section 612 of that Act (exclusion of Rent Act protection) after the words “the Rent Acts” there shall be inserted “or Part I of the Housing Act 1988”.
  23. In section 622 of that Act (definitions: general) before the definition of “bank” there shall be inserted—
    ““assured tenancy” has the same meaning as in Part I of the Housing Act 1988; “assured agricultural occupancy” has the same meaning as in Part I of the Housing Act 1988”.
  24. In Schedule 2 to that Act, in Part IV (grounds for possession: suitability of alternative accommodation) in paragraph 1, at the end of sub-paragraph (b) there shall be added “or (c) which are to be let as a separate dwelling under an assured tenancy which is neither an assured shorthold tenancy, within the meaning of Part I of the Housing Act 1988, nor a tenancy under which the landlord might recover possession under any of Grounds 1 to 5 in Schedule 2 to that Act”.
  25. In Schedule 5 to that Act, in paragraph 3, after the entry for section 58(2) of the [1985 c. 69.] Housing Associations Act 1985 there shall be inserted the following entries—
    “section 50 of the Housing Act 1988 (housing association grants), or section 51 of that Act (revenue deficit grants).”

    26. The Landlord and Tenant Act 1985

  26. (1) In section 5 of the [1985 c. 70.] Landlord and Tenant Act 1985 (information to be contained in rent books), in subsection (1)(b) after the word “tenancy” there shall be inserted “or let on an assured tenancy within the meaning of Part I of the Housing Act 1988”. (2) In subsection (2) of that section after the word “tenancy” there shall be added “or let on an assured tenancy within the meaning of Part I of the Housing Act 1988”.
  27. In section 26 of that Act (tenants of certain public authorities excepted from provisions about service charges etc.) in subsection (3)(c) after the words “Housing Act 1980” there shall be inserted “or paragraph 4(2)(b) of Schedule 4A to the Leasehold Reform Act 1967”.

    28. The Agricultural Holdings Act 1986

  28. (1) In Schedule 3 to the [1986 c. 5.] Agricultural Holdings Act 1986 (cases where consent of Tribunal to operation of notice to quit is not required), in Part II (provisions applicable to Case A: suitable alternative accommodation), in paragraph 3 after paragraph (b) there shall be inserted “or (c) premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy which is not an assured shorthold tenancy (construing those terms in accordance with Part I of the Housing Act 1988), or (d) premises to be let as a separate dwelling on terms which will afford to the tenant security of tenure reasonably equivalent to the security afforded by Chapter I of Part I of that Act in the case of an assured tenancy which is not an assured shorthold tenancy.” (2) At the end of the said paragraph 3 there shall be added the following sub-paragraph—
    “(2) Any reference in sub-paragraph (1) above to an assured tenancy does not include a reference to a tenancy in respect of which possession might be recovered on any of Grounds 1 to 5 in Schedule 2 to the Housing Act 1988.”
  29. In Schedule 5 to that Act (notice to quit where tenant is a service man), in paragraph 2(2)(a) after the words “Rent Act 1977” there shall be inserted “or paragraph 7 of Schedule 1 to the Housing Act 1988”.

    30. The Drug Trafficking Offences Act 1986

  30. In section 15 of the [1986 c. 32.] Drug Trafficking Offences Act 1986 (bankruptcy of defendant etc.), in subsection (2)(b) for the words “or 308” there shall be substituted “308 or 308A” and after the word “replacement” there shall be inserted “and certain tenancies”.
  31. In section 16 of that Act (sequestration in Scotland of defendant), in subsection (2)(b) for the words “under subsection (6) of that section” there shall be substituted the words “under subsection (10) of section 31 of that Act or subsection (6) of the said section 32 of that Act”.

    32. The Insolvency Act 1986

  32. In section 308 of the [1986 c. 45.] Insolvency Act 1986 (vesting in trustee of certain items of excess value), in subsection (1), for the words “the next section” there shall be substituted “section 309”.
  33. In section 335 of that Act (adjustment between earlier and later bankruptcy estates), in subsection (4) after the words “replacement value)” there shall be inserted the words “or section 308A (vesting in trustee of certain tenancies)”.
  34. In section 351 of that Act (definitions), in paragraph (a), for the words “or 308” there shall be substituted “, section 308” and after the words “replacement value)” there shall be inserted “or section 308A (vesting in trustee of certain tenancies)”.

    35. The Social Security Act 1986

  35. In section 31 of the [1986 c. 50.] Social Security Act 1986 (information relating to housing benefit), in subsection (5) (information as to registered rents), after the words “housing benefit scheme” there shall be inserted “(a)”, and at the end there shall be added “and (b) where a rent is determined under section 14 or section 22 of the Housing Act 1988 or section 25 or section 34 of the Housing (Scotland) Act 1988 (determination of rents by rent assessment committee), the committee shall note in their determination the amount (if any) of the rent which, in the opinion of the committee, is fairly attributable to the provision of services, except where that amount is in their opinion negligible; and the amounts so noted may be included in the information specified in an order under section 42 of the Housing Act 1988 or, as the case may be, section 49 of the Housing (Scotland) Act 1988 (information to be publicly available)”.

    36. The Housing (Scotland) Act 1987

  36. In section 12 of the [1987 c. 26.] Housing (Scotland) Act 1987 (which relates, amongst other things, to the disposal by local authorities of land acquired or appropriated for housing purposes and of houses)—
    (a) in subsection (1)(c), for the words “subsection (5)” there shall be substituted the words “subsections (5) and (7)”; (b) in subsection (7)—
    (i) for “(1)(d)” there shall be substituted “(1)(c) or (d)”; (ii) for the words “house or any part share thereof” there shall be substituted the words “land, house or part share thereof”; (iii) for the words “it is a house” there shall be substituted the words “, in the case of a house, it is one”; (c) in subsection (8) after the word “apply” there shall be inserted the words “, in the case of a house,”.
  37. In section 13 of that Act (power of Secretary of State in certain cases to impose conditions on sale of local authority’s houses etc.) for the words “land or dwelling” there shall be substituted the words “or land”.
  38. In section 61(4)(b) of the [1987 c. 26.] Housing (Scotland) Act 1987 after sub-paragraph (vi) there shall be inserted the following sub-paragraphs—
    “(vii) section 50 of the Housing Act 1988 (housing association grants); or (viii) section 51 of that Act (revenue deficit grants); or”.

    39. The Access to Personal Files Act 1987

  39. In Schedule 1 to the [1987 c. 37.] Access to Personal Files Act 1987 (accessible personal information: England and Wales), in paragraph 2 at the end of sub-paragraph (2) there shall be added “and any housing action trust established under Part III of the Housing Act 1988.”

    40. The Criminal Justice (Scotland) Act 1987

  40. In section 33 of the [1987 c. 41.] Criminal Justice (Scotland) Act 1987 (sequestration of person holding realisable property), in subsection (2)(b) for the words “under subsection (6) of that section” there shall be substituted the words “under subsection (10) of section 31 of that Act or subsection (6) of the said section 32 of that Act”.
  41. In section 34 of that Act (bankruptcy in England and Wales of person holding realisable property), in subsection (2)(b) for the words “or 308” there shall be substituted “308 or 308A” and after the word “replacement” there shall be inserted “and certain tenancies”.

    42. The Criminal Justice Act 1988

  42. In section 84 of the [1988 c. 33.] Criminal Justice Act 1988 (bankruptcy of defendant etc.), in subsection (2)(b) for the words “or 308” there shall be substituted “308 or 308A” and after the word “replacement” there shall be inserted “and certain tenancies”.
  43. In section 85 of that Act (sequestration in Scotland of defendant), in subsection 2(b) for the words “under subsection (6) of that section” there shall be substituted the words “under subsection (10) of section 31 of that Act or subsection (6) of the said section 32 of that Act”.

    44. The Housing (Scotland) Act 1988

  44. In section 19 of the [1988 c. 43.] Housing (Scotland) Act 1988 (notice of proceedings for possession)—
    (a) in subsection (2) for the word “is” there shall be substituted the words “and particulars of it are”; (b) in subsection (3) after the word “one” where it first occurs there shall be inserted the words “in the prescribed form”.
  45. In section 36 of that Act (damages for unlawful eviction)—
    (a) in subsection (2) for the word “calculated” there shall be substituted the word “likely”; (b) in subsection (7)(b)—
    (i) after the word “of” where it first occurs there shall be inserted the words “the doing of acts or”; (ii) after the word “for” there shall be inserted the words “doing the acts or”.
  46. In section 38 of that Act (further offence of harassment)—
    (a) for the words from “In section 22” to “after subsection (2)” there shall be substituted the words—
    “(1) Subsection (2) of section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier) shall, as respects acts done after the commencement of this section, have effect with the substitution of the word “likely” for the word “calculated”. (2) After that subsection”; (b) after “(2A)” there shall be inserted the words “Subject to subsection (2B) below”; (c) for the word “calculated” there shall be substituted the word “likely”; (d) the words “subject to subsection (2B) below” and “by reason only of conduct falling within paragraph (b) of that subsection” shall cease to have effect; (e) after the word “for” where it second occurs there shall be inserted the words “doing the acts or”.
  47. In section 36 of that Act (damages for unlawful eviction)—
    (a) in subsection (6), for the words “proceedings are begun to enforce the liability” there shall be substituted the words “the date on which the proceedings to enforce the liability are finally decided”; and (b) after subsection (6) there shall be inserted the following subsections—
    “(6A) For the purposes of subsection (6)(a) above, proceedings to enforce a liability are finally decided—
    (a) if no appeal may be made against the decision in these proceedings; (b) if an appeal may be made against the decision with leave and the time limit for applications for leave expires and either no application has been made or leave has been refused; (c) if leave to appeal against the decision is granted or is not required and no appeal is made within the time limit for appeals; or (d) if an appeal is made but is abandoned before it is determined. (6B) If, in proceedings to enforce a liability arising by virtue of subsection (3) above, it appears to the court—
    (a) that, prior to the event which gave rise to the liability, the conduct of the former residential occupier or any person living with him in the premises concerned was such that it is reasonable to mitigate the damages for which the landlord would otherwise be liable, or (b) that, before the proceedings were begun, the landlord offered to reinstate the former residential occupier in the premises in question and either it was unreasonable of the former residential occupier to refuse that offer or, if he had obtained alternative accommodation before the offer was made, it would have been unreasonable of him to refuse that offer if he had not obtained that accommodation, the court may reduce the amount of damages which would otherwise be payable to such amount as it thinks appropriate.”.
  48. In section 63 of that Act (consent for subsequent disposals) after subsection (2) there shall be inserted the following subsection—
    “(2A) Before giving any consent for the purposes of subsection (1) above, Scottish Homes—
    (a) shall satisfy itself that the person who is seeking the consent has taken appropriate steps to consult the tenant of the house (or, as the case may be, each house) of which the property proposed to be disposed of consists; and (b) shall have regard to the response of such tenant to that consultation.”
  49. In Schedule 4 to that Act (tenancies which cannot be assured tenancies) after paragraph 11 there shall be inserted the following paragraph—
    “Accommodation for homeless persons 11A A tenancy granted expressly on a temporary basis in the fulfilment of a duty imposed on a local authority by Part II of the Housing (Scotland) Act 1987.”

    50. Part II
    Amendments Consequential on the Establishment of Housing for Wales
    The Land Commission Act 1967

  50. In section 56(4) of the [1967 c. 1.] Land Commission Act 1967 (bodies exempted from betterment levy) after paragraph (e) there shall be inserted the following paragraph— “(ea) Housing for Wales”.

    51. The Parliamentary Commissioner Act 1967

  51. In Schedule 2 to the [1967 c. 13.] Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) after the entry “Housing Corporation” there shall be inserted—
    “Housing for Wales”.

    52. The Income and Corporation Taxes Act 1970

  52. In section 342 of the [1970 c. 10.] Income and Corporation Taxes Act 1970 (disposals of land between Housing Corporation and housing societies) and in section 342A of that Act (disposals by certain housing associations) after the words “Housing Corporation” in each place where they occur there shall be inserted “or Housing for Wales”.

    53. The Land Compensation Act 1973

  53. In section 32(7B)(b) of the [1973 c. 26.] Land Compensation Act 1973 (supplementary provisions about home loss payments) after the words “Housing Corporation” there shall be inserted “or Housing for Wales”.

    54. The House of Commons Disqualification Act 1975

  54. In Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975, in Part II (bodies of which all members are disqualified) there shall be inserted at the appropriate place the following entry—
    “Housing for Wales”.

    55. The Statutory Corporations (Financial Provisions) Act 1975

  55. In Schedule 2 to the [1975 c. 55.] Statutory Corporations (Financial Provisions) Act 1975 (bodies corporate affected by section 5 of that Act as to their power to borrow in currencies other than sterling) after the entry “The Housing Corporation” there shall be inserted—
    “Housing for Wales”.

    56. The Development of Rural Wales Act 1976

  56. In section 8(2) of the [1976 c. 75.] Development of Rural Wales Act 1976 (assistance to the Development Board for Rural Wales from public authorities and others) for the words “the Housing Corporation” there shall be substituted “Housing for Wales”.

    57. The Rent (Agriculture) Act 1976

  57. In section 5(3) of the [1976 c. 80.] Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or to local authority etc.) after paragraph (d) there shall be inserted the following paragraph—
    “(da) Housing for Wales”.

    58. The Rent Act 1977

  58. In section 15(2)(a) of the [1977 c. 42.] Rent Act 1977 (landlord’s interest belonging to housing association etc.) after the words “Housing Corporation” there shall be inserted—
    “(aa) Housing for Wales”.
  59. In each of the following provisions of that Act, that is to say, sections 86(2)(a) (tenancies to which Part VI applies), 93(1) (increase of rent without notice to quit) and Schedule 12 (certificates of fair rent), in paragraph 12 (meaning of “secure tenancy”), after the words “Housing Corporation” there shall be inserted “or Housing for Wales”.

    60. The Criminal Law Act 1977

  60. In section 7(5) of the [1977 c. 45.] Criminal Law Act 1977 (authorities who may authorise occupation by protected intending occupier for purposes of offence of adverse occupation of residential premises) after the words “Housing Corporation” there shall be inserted—
    “(ba) Housing for Wales”.

    61. The National Health Service Act 1977

  61. In section 28A(2)(e) of the [1977 c. 49.] National Health Service Act 1977 (power to make payments towards expenditure on community services) at the end there shall be added the following sub-paragraph “and (vii) Housing for Wales.”
  62. In section 28B(1)(b)(v) of that Act (power of Secretary of State to make payments towards expenditure on community services in Wales) for the words “the Housing Corporation” there shall be substituted “Housing for Wales”.

    63. The Local Government, Planning and Land Act 1980

  63. In Schedule 16 to the [1980 c. 65.] Local Government, Planning and Land Act 1980 (bodies to whom Part X of that Act applies) after paragraph 9 there shall be inserted the following paragraph—
    “9a Housing for Wales.”