Housing Act 1988 in Scotland
1988 c. 50 · Enacted 15 November 1988 · Extends to England, Wales and Scotland
An Act to make further provision with respect to dwelling-houses let on tenancies or occupied under licences; to amend the Rent Act 1977 and the Rent (Agriculture) Act 1976; to establish a body, Housing for Wales, having functions relating to housing associations; to amend the Housing Associations Act 1985 and to repeal and re-enact with amendments certain provisions of Part II of that Act; to make provision for the establishment of housing action trusts for areas designated by the Secretary of State; to confer on persons approved for the purpose the right to acquire from public sector landlords certain dwelling-houses occupied by secure tenants; to make further provision about rent officers, the administration of housing benefit and rent allowance subsidy, the right to buy, repair notices and certain disposals of land and the application of capital money arising thereon; to make provision consequential upon the Housing (Scotland) Act 1988; and for connected purposes.
[15th November 1988]
Annotations to the whole text
Modifications
- C1
Act restricted (26.7.1993) by 1993 c. 23, s. 4(5), Sch. 1 para. 6(1)(b); S.I. 1993/1655, art. 2
- C2
Act excluded (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 Pt. II para.8; S.I. 1993/2762, art. 3
Act excluded (1.10.1998) by 1975 c. 70, Sch. 4 Pt. IV para. 16 (as inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4
Act excluded (25.11.1999 for the purposes of regional development agencies established on that date, otherwise 3.7.2000) by 1998 c. 45, s. 23, Sch. 6 para. 5; S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2
- C3
Act: certain functions of a Minister of the Crown in so far as exercisable in relation to Wales transferred to the National Assembly for Wales (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Editorial notes
- X1
The text of ss. 1–45, 115–121, 138–141, Schs. 1–4, 13, 14, Sch. 17 paras. 1–17, 21–26, 29–36, 67–76, 81–88, 90, 98–100, 114, Sch. 18 was taken from S.I.F. Group 75:1(Landlord and Tenant: General, England and Wales); the text of ss. 46–114, 121–141, Schs. 5–12, 15–18 was taken from S.I.F. Group 61 (Housing); provisions omitted from S.I.F. have been dealt with as referred to in other commentary
Contents
- 1AApplication of Chapters 1, 2 and 3 of this Part to dwelling in Wales
- 2Letting of a dwelling-house together with other land.
- 3Tenant sharing accommodation with persons other than landlord.
- 4Certain sublettings not to exclude any part of sub-lessor’s premises from assured tenancy.
- 4AAssured tenancies to be periodic with rent period not exceeding a month
- 4BAssured tenancy: prohibition of rent in advance (except initial rent)
- 8ZADisapplication of conditions where notice dispensed with
- 8AAdditional notice requirements: ground of domestic violence.
- 9AProceedings for possession on non-absolute grounds: anti-social behaviour
- 10Special provisions applicable to shared accommodation.
- 10APower to order transfer of tenancy in certain cases
- 11Payment of removal expenses by social landlords in certain cases.
- 11APossession on ground 6B: compensation of tenant
- 12Compensation for misrepresentation or concealment.
- 13AIncreases of rent under relevant low-cost tenancies
- 13BChallenge to validity of notice to increase rent
- 14ZAEffect of determination: rent payable
- 14ZBEffect of determination: proposed new rent
- 14ZCRepayment of rent paid for days after end of tenancy
- 15Limited prohibition on assignment etc. without consent.
- 15ALoss of assured tenancy status
- 16Access for repairs.
- 16ARequesting consent to keep a pet
- 16BRequests for consent to keep a pet: further provision
- Duties of landlords and persons acting on their behalf
- 16DDuty of landlord and contractor to give statement of terms etc
- 16EOther duties
- 16FExceptions from letting and marketing prohibitions
- 16GInterpretation of terms related to marketing in section 16E
- 16HLandlords acting through others
- Landlords etc: financial penalties and offences
- 16IFinancial penalties
- 16JOffences
- 16KFinancial penalties as an alternative to prosecution under section 16J
- 16LFinancial penalties: supplementary and interpretation
- Duties of landlords etc, penalties and offences: interpretation
- 16MDuties of landlords etc, penalties and offences: interpretation
- Guarantors
- 16NGuarantor not liable for rent payable after tenant’s death
- 16PSection 16N: application and interpretation
- 18Provisions as to reversions on assured tenancies.
- 19AAssured shorthold tenancies: post-Housing Act 1996 tenancies.
- 20APost-Housing Act 1996 tenancies: duty of landlord to provide statement as to terms of tenancy.
- 20CAssured shorthold tenancies following demoted tenancies
- 20DAssured shorthold tenancies following family intervention tenancies
- 21ACompliance with prescribed legal requirements
- 21BRequirement for landlord to provide prescribed information
- 21CRepayment of rent where tenancy ends before end of a period
- Chapter III: Assured Agricultural Occupancies
- 24AOpting out
- 25Security of tenure.
- 26Rehousing of agricultural workers etc.
- Chapter IV: Protection from Eviction
- 27Damages for unlawful eviction.
- 28The measure of damages.
- 29Offences of harassment.
- 30Variation of scope of 1977 ss. 3 and 4.
- 31Excluded tenancies and licences.
- 32Notice to quit etc.
- 33Interpretation of Chapter IV and the 1977 Act.
- Chapter V: Phasing out of Rent Acts and other Transitional Provisions
- 37No further assured tenancies under Housing Act 1980.
- 42AInformation as to determination of rents in England
- 43Powers of local authorities for purposes of giving information.
- 44Application to Crown Property.
- Part II: Housing Associations
- Housing for Wales
- 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Registration and issue of guidance
- 48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Grants...
- Grants: functions of Secretary of State
- 55Surplus rental income. Repealed
- Miscellaneous and supplemental
- 56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 58Application of Housing Acts to certain transactions.
- Areas and trusts
- 60Housing action trust areas.
- 62Housing action trusts.
- Functions
- 68Public health.
- 71Power to give financial assistance.
- 72Directions as to exercise of functions.
- 73Transfer of functions.
- Transfer of housing accommodation etc.
- Vesting and acquisition of land
- 77Acquisition by housing action trust.
- Disposals of land
- 80Disposals made without consent.
- 83Application of Parts IV and V of Housing Act 1985.
- Rents
- 85Rents generally.
- Agency and dissolution
- 87Agency agreements.
- Miscellaneous and general
- 91Section 91
- Part V: Miscellaneous and General
- Leases
- 118Certain tenancies excluded from debtor’s estate: Scotland. Repealed
- 120Appointment etc. of rent officers.
- Right to buy etc. and grants to obtain accommodation
- 131Letting conditions applicable to improvement grants etc.
- Disposals of housing stock
- 132Consents to disposals of housing stock and application of receipts.
- 136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Codes of practice
- 137Codes of practice in field of rented housing. Repealed
- Supplementary
- 138Financial provisions.
- 139Application to Isles of Scilly.
- 140Amendments and repeals.
- 141Short title, commencement and extent.
- Tenancies entered into before commencement
- 1Paragraph 1
- Tenancies of dwelling-houses with high rateable values
- Tenancies at a low rent
- 3Paragraph 3
- 3AParagraph 3A
- 3BParagraph 3B
- 3CParagraph 3C
- Fixed term tenancies of more than 21 years
- 3DParagraph 3D
- Fixed term tenancies of 7 to 21 years granted before the Renters’ Rights Act 2025
- 3EParagraph 3E
- Regulated home purchase plans
- 3FParagraph 3F
- Business tenancies
- 4Paragraph 4
- Licensed premises
- Tenancies of agricultural land
- 6Paragraph 6
- Holiday lettings
- 9Paragraph 9
- Resident landlords
- 10Paragraph 10
- Crown tenancies
- Local authority tenancies etc.
- Family intervention tenancies
- Accommodation for asylum-seekers
- ...
- 12BParagraph 12B Repealed
- Transitional cases
- 13Paragraph 13
- Part II: Rateable Values
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Part III: Provisions for Determining Application of Paragraph 10 (Resident Landlords)
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Ground 1
- Ground 1A
- Ground 1B
- Ground 2
- Paragraph
- Ground 2ZA
- Ground 2ZB
- Ground 2ZC
- Ground 2ZD
- Paragraph
- Ground 4
- Paragraph
- Ground 4A
- Ground 5
- Paragraph
- Ground 5A
- Ground 5B
- Ground 5C
- Ground 5D
- Ground 5E
- Ground 5F
- Ground 5G
- Ground 5H
- Ground 6
- Ground 6A
- Ground 6B
- Ground 7
- Ground 7B
- Ground 8
- Ground 9
- Paragraph
- Ground 10
- Paragraph
- Ground 11
- Paragraph
- Ground 12
- Paragraph
- Ground 13
- Paragraph
- Ground 14ZA
- Ground 15
- Paragraph
- Ground 16 5C
- Ground 17
- Ground 18
- Part III: Suitable Alternative Accommodation
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part IV: Notices Relating to Recovery of Possession
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Part 5: Interpretation
- 12Paragraph 12
- Part 6: Powers to amend certain grounds and definitions
- 13Paragraph 13
- Schedule 2ZA: Financial penalties under sections 16I and 16K
- 1Notice of intent
- 2Notice of intent
- 3Notice of intent
- 4Right to make representations
- 5Final notice
- 6Final notice
- 7Final notice
- 8Final notice
- 9Withdrawal or amendment of notice
- 10Appeals
- 11Recovery of financial penalty
- 12Proceeds of financial penalties
- 13Proceeds of financial penalties
- 14Proceeds of financial penalties
- Tenancies excluded by notice
- 1Paragraph 1
- 2Paragraph 2
- Tenancies containing exclusionary provision
- 3Paragraph 3
- Tenancies under section 39
- 4Paragraph 4
- Former secure tenancies
- 5Paragraph 5
- Former demoted tenancies
- 5AParagraph 5A
- Tenancies under Schedule 10 to the Local Government and Housing Act 1989
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Assured agricultural occupancies
- 9Paragraph 9
- Interpretation
- 1Paragraph 1
- The conditions
- 2Paragraph 2
- 4Paragraph 4
- 5Paragraph 5
- Part I: Amendments of Schedule 1 to Rent Act 1977
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part II: Amendments of Section 4 of Rent (Agriculture) Act 1976
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Part III: Modifications of Section 7 and Schedule 2
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Schedule 5
- Status
- 1Paragraph 1
- Membership
- 2Paragraph 2
- 3Paragraph 3
- Chairman and Deputy Chairman
- 4Paragraph 4
- Remuneration and allowances
- 5Paragraph 5
- Pensions
- 6Paragraph 6
- Staff
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Proceedings
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Schedule 6: Amendments of Housing Associations Act 1985
- Part I: Amendments of Part I with Respect to the Housing Corporation, Housing for Wales and Scottish Homes
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- 20Paragraph 20 Repealed
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed
- 23Paragraph 23
- 24Paragraph 24 Repealed
- 26Paragraph 26
- Part II: Amendments of Part II with Respect to the Housing Corporation and Housing for Wales
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- Part III: Amendments of Part III with Respect to the Housing Corporation and Housing for Wales
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- Members
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 7Paragraph 7
- Remuneration
- Staff
- 11Paragraph 11
- Meetings and proceedings
- 13Paragraph 13
- 14Paragraph 14
- Instruments, etc.
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- House of Commons disqualification
- 18Paragraph 18
- Part I: Preliminary
- 1Paragraph 1
- Part II: Finance
- Financial duties
- 2Paragraph 2
- Government grants
- 3Paragraph 3
- Borrowing
- 4Paragraph 4
- Guarantees
- Assumed debt
- 6Paragraph 6
- Surplus funds
- 7Paragraph 7
- Financial limits
- 8Paragraph 8
- Grants and loans: accounts
- 9Paragraph 9
- Part III: General Accounts Etc.
- Accounts
- 10Paragraph 10
- Audit
- Transmission to Secretary of State
- 12Paragraph 12
- Reports
- 13Paragraph 13
- Information
- 14Paragraph 14
- Part I: Provisions Supplementing Section 76(1)—(3)
- 1Paragraph 1
- 3Paragraph 3
- 5Paragraph 5
- Part II: Modifications of Enactments
- Land Compensation Act 1961
- 6Paragraph 6
- 7Paragraph 7
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Compulsory Purchase (Vesting Declarations) Act 1981
- Part I: Modifications of Acquisition of Land Act 1981
- 1Paragraph 1
- 3Paragraph 3
- Extinguishment of rights over land
- ...
- Consecrated land and burial grounds
- Open spaces
- Displacement of persons
- 8Paragraph 8
- Extinguishment of public rights of way
- 10Paragraph 10
- Telegraphic lines
- Statutory undertakers
- 13Paragraph 13
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Interpretation
- Part III: Acquisition of Rights
- 20Paragraph 20
- 21Paragraph 21
- Repayment of discount on early disposal
- Increase in value of house attributable to home improvements
- 1AParagraph 1A
- Obligation to repay a charge on the house
- Right of first refusal for housing action trust
- 2AParagraph 2A
- Consideration payable for disposal under paragraph 2A
- 2BParagraph 2B
- Relevant disposals
- 3Paragraph 3
- Exempted disposals
- Compulsory disposal
- 5Paragraph 5
- Exempted disposals ending obligation under covenants
- Treatment of options
- 7Paragraph 7
- Treatment of deferred resale agreements
- 8Paragraph 8
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part I: Amendments of Section 63 of Rent Act 1977
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part II: Sections to be Inserted in Rent Act 1977 after Section 64
- Paragraph
- Schedule 17: Minor and Consequential Amendments
- Part I: General Amendments
- The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- The Leasehold Reform Act 1967
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18 Repealed
- The Local Government Act 1974
- 19Paragraph 19
- The Consumer Credit Act 1974
- 20Paragraph 20
- The Rent (Agriculture) Act 1976
- 21Paragraph 21
- The Rent Act 1977
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- The Protection from Eviction Act 1977
- 26Paragraph 26
- The Justices of the Peace Act 1979
- 27Paragraph 27 Repealed
- The Local Government, Planning and Land Act 1980
- 28Paragraph 28
- 29Paragraph 29
- The Highways Act 1980
- 30Paragraph 30
- The New Towns Act 1981
- 31Paragraph 31
- The Acquisition of Land Act 1981
- 32Paragraph 32
- The Matrimonial Homes Act 1983
- 33Paragraph 33 Repealed
- 34Paragraph 34 Repealed
- The County Courts Act 1984
- 35Paragraph 35
- The Matrimonial and Family Proceedings Act 1984
- 36Paragraph 36
- The Local Government Act 1985
- 37Paragraph 37
- The Housing Act 1985
- 38Paragraph 38 Repealed
- 39Paragraph 39 Repealed
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56 Repealed
- 57Paragraph 57 Repealed
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- The Landlord and Tenant Act 1985
- 67Paragraph 67
- 68Paragraph 68
- The Agricultural Holdings Act 1986
- 69Paragraph 69
- 70Paragraph 70
- The Drug Trafficking Offences Act 1986
- 71Paragraph 71 Repealed
- 72Paragraph 72 Repealed
- The Insolvency Act 1986
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- The Social Security Act 1986
- 76Paragraph 76
- The Housing (Scotland) Act 1987
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79 Repealed
- The Access to Personal Files Act 1987
- 80Paragraph 80 Repealed
- The Criminal Justice (Scotland) Act 1987
- 81Paragraph 81
- 82Paragraph 82
- The Criminal Justice Act 1988
- 83Paragraph 83 Repealed
- 84Paragraph 84 Repealed
- The Housing (Scotland) Act 1988
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- 89Paragraph 89
- 90Paragraph 90
- Part II: Amendments Consequential on the Establishment of Housing for Wales
- The Land Commission Act 1967
- 91Paragraph 91 Repealed
- The Parliamentary Commissioner Act 1967
- 92Paragraph 92
- The Income and Corporation Taxes Act 1970
- 93Paragraph 93
- The Land Compensation Act 1973
- 94Paragraph 94
- The House of Commons Disqualification Act 1975
- 95Paragraph 95
- The Statutory Corporations (Financial Provisions) Act 1975
- 96Paragraph 96
- The Development of Rural Wales Act 1976
- 97Paragraph 97 Repealed
- The Rent (Agriculture) Act 1976
- 98Paragraph 98
- The Rent Act 1977
- 99Paragraph 99
- 100Paragraph 100
- The Criminal Law Act 1977
- 101Paragraph 101
- The National Health Service Act 1977
- 102Paragraph 102
- 103Paragraph 103
- The Local Government, Planning and Land Act 1980
- 104Paragraph 104
- The Finance Act 1981
- 105Paragraph 105
- The Housing Act 1985
- 106Paragraph 106
- 107Paragraph 107 Repealed
- 108Paragraph 108
- 109Paragraph 109
- 110Paragraph 110
- 111Paragraph 111
- 112Paragraph 112
- 113Paragraph 113
- The Landlord and Tenant Act 1987
- 114Paragraph 114
- The Income and Corporation Taxes Act 1988
- 115Paragraph 115
- 116Paragraph 116
- Schedule 18Enactments Repealed
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4