Housing Act 1996 in Northern Ireland
1996 c. 52 · Enacted 24 July 1996 · Extends to United Kingdom
An Act to make provision about housing, including provision about the social rented sector, houses in multiple occupation, landlord and tenant matters, the administration of housing benefit, the conduct of tenants, the allocation of housing accommodation by local housing authorities and homelessness; and for connected purposes.
[24th July 1996]
E1C1Be 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:—C2C3C4
Annotations to the whole text
Modifications
- C1
Act (except Pt. IV and ss. 186, 187, 221(5)): powers transferred (1.7.1999) by virtue of S.I. 1999/672, art. 2, Sch.1
Act: power to modify conferred (E.W.S) (2.4.2001) by 2000 c. 39, s. 7(2); S.I. 2001/766, art. 2(1)(a)
- C2
Act modified (E.W) (28.11.2008) by The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 (S.I. 2008/2867), reg. 12(1)(a)(i) (with reg. 1(2))
- C3
Act: transfer of functions (E.W.) (1.12.2008 for specified purposes) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2
- C4
Act modified (E.W.) (26.11.2018) by The Local Government (Boundary Changes) Regulations 2018 (S.I. 2018/1128), reg. 18(2)(a) (with reg. 1(2)(3))
Extent
- E1
Act extends to E.W. only with the exceptions mentioned in s. 231(2)(3); and any amendment or repeal of an enactment has the same extent as the enactment amended or repealed with the exceptions mentioned in s. 231(4)(a)-(d)
Contents
- Part I: Social Rented Sector regulated by the Welsh Ministers
- Chapter I: Registered social landlords
- Registration
- A1Introduction
- 1AWelsh bodies
- Regulation of registered social landlords
- 7Regulation of registered social landlords.
- Chapter 1A: BOARD MEMBERSHIP AND VOTING RIGHTS
- General
- 7AMeaning of key terms used in this Chapter
- Limit on local authority appointees to board
- 7BLimit on local authority appointments to board
- 7CRemoval of local authority appointees to comply with 24 per cent limit
- 7DProcedure for selection by registered social landlord of local authority appointees for removal
- Quorum and voting rights of board members
- 7EBoard quorum: no requirement for local authority appointee
- 7FBoard resolutions: 75 per cent threshold
- Consent to constitutional change
- 7GConstitutional changes: no requirement for local authority consent and no power of veto
- Voting rights of members of registered social landlord
- 7HVoting rights of local authorities
- 7IProvision in agreements that is to be treated as having no effect
- Wholly controlled subsidiaries: power to disapply this Chapter
- 7JPower to disapply provisions of this Chapter
- Chapter II: Disposal of land and related matters
- 11AIncrease in value of house attributable to home improvements to be disregarded
- 12BConsideration payable for disposal under section 12A
- 14Treatment of options.
- Chapter III: Grants and other financial matters
- 19Land subject to housing management agreement.
- 22Assistance from local authorities.
- Grants to bodies other than registered social landlords
- 27AGrants to bodies other than registered social landlords
- 27BTransfer of property funded by grants under section 27A
- Information
- General
- 50AApplication of Chapter 4A
- Chapter V: Miscellaneous and general provisions
- 51ZAPower of housing ombudsman to issue guidance to scheme members
- 51ASocial Housing Ombudsman for Wales Repealed
- 51BInvestigation of complaints Repealed
- 51CMeaning of “social landlord in Wales” Repealed
- Minor and consequential amendments
- 55Minor and consequential amendments: Part I.
- 65Making and approval of registration schemes. Repealed
- 66Registration schemes: control provisions. Repealed
- 67Registration schemes: special control provisions. Repealed
- 68Offences in connection with registration schemes. Repealed
- 69Information requirements in connection with registration schemes. Repealed
- 70Existing registration schemes. Repealed
- 71Restriction on notices requiring execution of works. Repealed
- 72Recovery of expenses of notice requiring execution of works. Repealed
- 73Duty to keep premises fit for number of occupants. Not yet in force
- 74Section 354 direction to be local land charge. Repealed
- 75Means of escape from fire. Repealed
- 76Works notices: improvement of enforcement procedures. Repealed
- 77Codes of practice. Repealed
- 78Increase of fines, &c. Repealed
- 79Minor amendments. Repealed
- Common lodging houses
- 80Repeal of Part XII of the Housing Act 1985.
- Part III: Landlord and Tenant
- Chapter I: TENANTS’ RIGHTS
- Forfeiture
- 85Appointment of manager by the court.
- 87Text of Part II of the Landlord and Tenant Act 1987, as amended. Not yet in force
- 88Period after which acquisition order may be made.
- 89Application of right of first refusal in relation to contracts.
- 90Notice required to be given by landlord making disposal.
- 91Offence of failure to comply with requirements of Part I.
- 92Procedure for exercise of rights of first refusal.
- 93Duty of new landlord to inform tenant of rights.
- 96Tenancies which are assured shorthold tenancies.
- 97Duty of landlord to provide statement of terms of assured shorthold tenancy.
- 98Form of notices under s. 21 of the Housing Act 1988.
- 99Restriction on recovery of possession on expiry or termination.
- 100Applications for determination of rent: time limit.
- Grounds for possession
- 101Mandatory possession for non-payment of rent: reduction in arrears required.
- 102Recovery of possession where grant induced by false statement.
- Assured agricultural occupancies
- 103Assured agricultural occupancies: exclusion of tenancies of agricultural holdings and farm business tenancies.
- Consequential amendments
- 104Consequential amendments: assured tenancies.
- Chapter III: Leasehold Reform
- 106Low rent test: extension of rights.
- 107Collective enfranchisement: multiple freeholders.
- 108Collective enfranchisement: removal of need for professional valuation of interests to be acquired.
- 109Collective enfranchisement: valuation principles.
- 110New leases: valuation principles.
- 113Powers of trustees.
- Miscellaneous
- 118Estate management schemes in connection with enfranchisement by virtue of s. 106.
- 119Leasehold valuation tribunals: pre-trial review. Repealed
- 120Payment of housing benefit to third parties.
- 121Administration of housing benefit, &c.
- 123Consequential amendments: Part IV.
- General provisions
- 125AExtension of trial period by 6 months
- 125BReview of decision to extend trial period
- 126Licences.
- 129Review of decision to seek possession.
- Succession on death of tenant
- Assignment
- Repairs
- 135Right to carry out repairs.
- Provision of information and consultation
- 136Provision of information about tenancies.
- 137Consultation on matters of housing management.
- Introductory tenancies that are to become flexible tenancies
- 137AIntroductory tenancies that are to become flexible tenancies
- Supplementary
- 139Meaning of “dwelling-house”.
- 141Consequential amendments: introductory tenancies.
- 142Regulations and orders.
- 143Index of defined expressions: introductory tenancies.
- Proceedings for possession
- Demoted tenancies that are to become flexible tenancies
- 143MADemoted tenancies that are to become flexible tenancies
- 144Extension of ground of nuisance or annoyance to neighbours, &c.
- 145New ground of domestic violence: secure tenancies.
- 146Extension of ground that grant of tenancy induced by false statement.
- 147Proceedings for possession or termination.
- Assured tenancies
- 148Extension of ground of nuisance or annoyance to adjoining occupiers &c.
- 149New ground of domestic violence: assured tenancies.
- 150Additional notice requirements: domestic violence.
- 151Early commencement of certain proceedings for possession.
- Applications for housing accommodation
- 169Guidance to authorities by the Secretary of State.
- 171False statements and withholding information.
- 173Consequential amendments: Part VI.
- 176Meaning of accommodation available for occupation.
- 181Terms and conditions of assistance.
- 189Priority need for accommodation.
- Duty to assess every eligible applicant's case and agree a plan
- 189AAssessments and personalised plan
- 189BInitial duty owed to all eligible persons who are homeless
- 193AConsequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage
- 193CNotice under section 193B: consequences
- 195Duties in cases of threatened homelessness
- Duty where other suitable accommodation available
- 199ADuties to the applicant whose case is considered for referral or referred under section 198(A1)
- 201Application of referral provisions to cases arising in Scotland.
- 204ASection 204(4): appeals
- 206Discharge of functions by local housing authorities.
- 208Discharge of functions: out-of-area placements.
- 212Protection of property: supplementary provisions.
- 213BDuty of public authority to refer cases in England to local housing authority
- 214False statements, withholding information and failure to disclose change of circumstances.
- 214ACodes of practice
- 215Regulations and orders.
- 216Transitional and consequential matters.
- Part VIII: Miscellaneous and general provisions
- 220Directions as to certain charges: supplementary provisions.
- 220AProvision of general advice etc about residential licences: England
- 221Exercise of compulsory purchase powers in relation to Crown land.
- 222Miscellaneous minor amendments.
- General
- 226Corresponding provision for Northern Ireland.
- 227Repeals.
- Payments by way of gift, dividend or bonus
- Payments and benefits to officers and employees, &c.
- Maximum amounts payable by way of fees, expenses, &c.
- Directions to registered social landlords about notifications
- 13AParagraph 13A
- Relevant Authority’s power to petition for winding up
- 14Paragraph 14 Repealed
- Transfer of net assets on dissolution or winding up
- Transfer of net assets on termination of charity not within paragraph 15(1)
- Companies exempt from audit requirements: accountant’s report
- 16AParagraph 16A
- 16BParagraph 16B
- 16CParagraph 16C
- 16DParagraph 16D
- 16EParagraph 16E
- Charities exempt from audit requirements: accountant’s report
- Disclosure of information by auditors etc. to the Relevant Authority
- 19AParagraph 19A
- Inquiry
- Evidence
- 20AParagraph 20A
- Power of appointed person to obtain information
- Extraordinary audit for purposes of inquiry
- Powers exercisable on interim basis
- Powers exercisable as a result of final report or audit
- Disqualification as officer of registered social landlord.
- Persons acting as officer while disqualified.
- Power to direct transfer of land
- Availability of powers in relation to registered charities.
- Social landlords required to be member of approved scheme
- Matters for which scheme must provide
- Approval of scheme, or amendment, and withdrawal of approval
- 3Paragraph 3
- Notice to be given of becoming a member of an approved scheme
- Withdrawal from approved scheme
- Register of approved schemes
- Determinations by housing ombudsman
- 7Paragraph 7
- 7AParagraph 7A Repealed
- 7BParagraph 7B Repealed
- 7CParagraph 7C Repealed
- Enforcement of a housing ombudsman's determinations
- 7DParagraph 7D
- Publication of determinations, &c.
- 8Paragraph 8
- Absolute privilege for communications, &c.
- 9Paragraph 9
- Appointment and status of housing ombudsman
- 10Paragraph 10
- Collaborative working with Local Commissioners
- 10AParagraph 10A
- Subscriptions payable in respect of approved schemes
- General provision about orders
- 12Paragraph 12
- Schedule 2A: Further Provision About The Social Housing Ombudsman For Wales Repealed
- Status Repealed
- 1Paragraph 1 Repealed
- Remuneration, etc. Repealed
- 2Paragraph 2 Repealed
- Remuneration, etc. Repealed
- 3Paragraph 3 Repealed
- Staff and advisers Repealed
- 4Paragraph 4 Repealed
- Delegation of functions Repealed
- 5Paragraph 5 Repealed
- Reports and determinations Repealed
- 6Paragraph 6 Repealed
- Reports and determinations Repealed
- 7Paragraph 7 Repealed
- Reports and determinations Repealed
- 8Paragraph 8 Repealed
- Expenses Repealed
- 9Paragraph 9 Repealed
- Absolute privilege for communications etc. Repealed
- 10Paragraph 10 Repealed
- Disclosure of information Repealed
- 11Paragraph 11 Repealed
- Disclosure of information Repealed
- 12Paragraph 12 Repealed
- Accounts and audit Repealed
- 13Paragraph 13 Repealed
- Accounts and audit Repealed
- 14Paragraph 14 Repealed
- Accounting officer Repealed
- 15Paragraph 15 Repealed
- Examinations into use of resources Repealed
- 16Paragraph 16 Repealed
- Examinations into use of resources Repealed
- 17Paragraph 17 Repealed
- Schedule 3: Social rented sector: minor amendments
- Finance Act 1981 (c.35)
- 1Paragraph 1
- 2Paragraph 2 Repealed
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 7Paragraph 7
- Income and Corporation Taxes Act 1988 (c.1)
- 8Paragraph 8 Repealed
- 10Paragraph 10
- 11Paragraph 11
- Introductory
- 1Paragraph 1
- Appointment of assistants
- 2Paragraph 2
- Right to inspect documents, &c.
- 3Paragraph 3
- Right to inspect premises
- Enforcement of rights by the court
- 5Paragraph 5
- Documents held by superior landlord
- 6Paragraph 6
- Effect of disposal by landlord
- 7Paragraph 7
- Effect of person ceasing to be a relevant person
- 8Paragraph 8
- IRights of first refusal
- IIEnforcement by tenants of rights against purchaser
- IIIEnforcement of rights against subsequent purchasers and termination of rights
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Housing Act 1985 (c.68)
- 1Paragraph 1
- Housing Act 1988 (c.50)
- 2Paragraph 2
- 1Paragraph 1
- Right to collective enfranchisement
- Right to new lease
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 19Paragraph 19
- 20Paragraph 20
- Claims under Part I of the Leasehold Reform Act 1967
- 1Paragraph 1
- Claims under Chapter I of Part I of the Leasehold Reform, Housing and Urban Development Act 1993
- 2Paragraph 2
- Claims under Chapter II of Part I of the Leasehold Reform, Housing and Urban Development Act 1993
- 3Paragraph 3
- Administration of housing benefit
- 1Paragraph 1
- Administration of council tax benefit
- 2Paragraph 2
- 3Paragraph 3
- Subsidy
- 4Paragraph 4
- Transitional provision
- 5Paragraph 5
- Schedule 13: Housing benefit and related matters: consequential amendments
- 1Paragraph 1
- 2Paragraph 2
- 4Paragraph 4 Repealed
- Housing Act 1985 (c.68)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Introductory Not yet in force
- Remand in custody or on bail Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- Further remand Not yet in force
- 5Paragraph 5 Not yet in force
- Postponement of taking of recognizance Not yet in force
- 6Paragraph 6 Not yet in force
- Schedule 16: Allocation of housing accommodation: consequential amendments
- 1Paragraph 1
- 2Paragraph 2
- Asylum and Immigration Act 1996 (c. 49)
- Schedule 17: Homelessness: consequential amendments
- Local Authority Social Services Act 1970 (c.42)
- 1Paragraph 1
- Greater London Council (General Powers) Act 1984 (c.xxvii)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 18: Miscellaneous provisions
- Part I: Housing management
- 1Paragraph 1
- 3Paragraph 3
- Housing Revenue Account: directions as to certain matters
- 4Paragraph 4
- Housing Revenue Account subsidy: final decision on amount
- 5Paragraph 5
- Abolition of exchequer contributions for agricultural housing
- 6Paragraph 6
- Part III: Orders in relation to property in family and matrimonial proceedings, &c.
- Housing Act 1980 (c.51)
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Housing Act 1988 (c.50)
- 19Paragraph 19
- Part IV: Other housing provisions
- 20Paragraph 20
- 21Paragraph 21
- 23Paragraph 23
- Powers of local housing authorities to acquire land for housing purposes
- 24Paragraph 24
- Housing action trusts
- 25Paragraph 25
- 26Paragraph 26
- Local authority assistance in connection with mortgages
- 30Paragraph 30 Repealed
- Schedule 19: Repeals
- ISocial rented sector
- IIHouses in multiple occupation
- IIITenants’ rights
- IVAssured tenancies
- VLeasehold reform
- VIHousing benefit and related matters
- VIIAllocation of housing accomodation
- VIIIHomelessness
- IXChange of landlord: secure tenants
- XConsultation with respect to housing management
- XIAbolition of Exchequer contributions for agricultural housing
- XIIAbolition of certain consent requirements
- XIIIRemoval of Treasury consent requirements
- XIVLocal authority assistance in connection with mortgages