Section: Housing Legislation

New Regulations

The Housing Act 2004 (Commencement No.3) (England) Order 2005 SI No. 1451 (C.65)

This Order brings into force certain provisions of the Housing Act 2004 in England.

The following provisions came into force on 6 June 2005:
- Section 179 amends the Housing Act 1985 by inserting new sections 125A and 125B, which allow an introductory tenancy to be extended by up to six months.
- Section 191 amends Schedule 3 to the Housing Act 1985 by inserting a new ground 2A, which allows a landlord to withhold consent to a mutual exchange of secure tenancies if a specified type of Injunction, a Demotion Order, an Antisocial Behaviour Order, or a Possession Order granted on the grounds of nuisance is in force, or if Court action to obtain such an order is pending.
- Section 192 amends the Housing Act 1985 by inserting a new section 121A, which enables landlords of secure tenants to seek an Order from the Court suspending the Right to Buy for a specified period on the grounds of anti-social behaviour.
- Section 193 amends s138 of the Housing Act 1985 by inserting new subsections (2A) to (2D), which prevent a tenant being able to compel completion of a Right to Buy sale if an application is pending for a Demotion Order, a Suspension Order, or a Possession Order sought on the grounds of antisocial behaviour.
- Section 194 allows any person to provide relevant information to the landlord of a secure tenant to enable the landlord to exercise functions connected with the provisions inserted by sections 191 to 193 of the Act.
The following provisions came into force on 15 June 2005:

Section 55 subsections (1) and (2) set out the scope of the licensing provisions for houses in multiple occupation (HMOs) under Part 2 of the Act.
Section 56 enables local authorities to designate an area to be subject to additional licensing in respect of specified HMOs.
Section 57 sets out the matters that a local housing authority must consider before exercising the powers in section 56 of the Act.
Section 79 sets out the scope of the licensing provisions for houses in Part 3 of the Act.
Section 80 enables a local housing authority to designate an area as subject to selective licensing if it is, or may become, an area of low housing demand or has a significant and persistent problem with antisocial behaviour.
Section 81 sets out the matters the local housing authority must consider before exercising the powers under section 80 of the Act.
Section 237 enables a local housing authority to use information obtained for Housing Benefit or Council Tax purposes in order to carry out its functions under Parts 1 to 4 of the Act.

The Housing Act 2004 (Commencement No. 4 and Transitional Provisions)(England) Order 2005 SI 1729 (C.74)

This Order brings the following provisions of the Housing Act 2004 into force in England on 4 July 2005:

Section 181 amends paragraph 11 of Schedule 5 to the Housing Act 1985 by providing that applications questioning the exclusion of a property from the Right to Buy on the ground that it is particularly suitable for elderly persons shall be determined by a Residential Property Tribunal instead of the Secretary of State; and by providing that section 231 of the 2004 Act does not apply to any decision of a residential property tribunal in relation to such applications.
Section 229 provides that jurisdiction given under the 2004 Act, or any other enactment to a residential property tribunal, shall be exercised by a Rent Assessment Committee constituted under the Rent Act 1977.
Section 230 confers a general power on Residential Property Tribunals to give directions by order.
Section 231 sets out the right of appeal from a decision of a Residential Property Tribunal to the Lands Tribunal.
Schedule 13 confers on the Secretary of State power to make regulations relating to the procedure of Residential Property Tribunals.

The Housing Act 2004 (Commencement No. 1) (Wales) Order 2005 SI 1814 (W.144) (C.75)

This Order brings into force various provisions of the Housing Act 2004 in relation to Wales. The provisions of the 2004 Act listed under article 2 come into force on 14 July 2005. They provide for:

New grounds upon which consent to assignment of a secure tenancy may be withheld (section 191 of the 2004 Act inserts a new Ground 2A into Schedule 3 of the Housing Act 1985).
The removal of the duty on local housing authorities under section 167 of the Local Government and Housing Act 1989 to send annual reports to tenants (section 227 of the 2004 Act).
The creation of the office of Social Housing Ombudsman for Wales (section 228 of the 2004 Act inserts new sections 51A, 51B and 51C into the Housing Act 1996 and Schedule 12 to the 2004 Act inserts a new Schedule 2A into that 1996 Act).

Section: Housing Legislation

New Regulations

Housing Monthly Diary

Issue: September 2005 Reporting on May-August 2005

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