Recovery etc. of grants – HA 1988 s. 52
HA 1988 s. 52 grants the authority power to reduce, suspend, or reclaim grants from housing associations when a relevant event occurs. Associations must notify.
Where a grant to which this section applies, that is to say— a grant under section 50 or 51 above, or a grant under section 41 of the 1985 Act or any enactment replaced by that section, or a grant under section 2(2) of the Housing (Scotland) Act 1988, has been made to a relevant housing association , the powers conferred by subsection (2) below are exercisable in such events (including the association not complying with any conditions) as the appropriate authority may from time to time determine (in this section referred to as “ relevant events ”). The appropriate authority . . . may— reduce the amount of, or of any payment in respect of, the grant; suspend or cancel any instalment of the grant; or direct the association to apply or appropriate for such purposes as the appropriate authority may specify, or to pay to the appropriate authority an amount equal to the whole, or such proportion as it may specify, of the amount of any payment made to the association in respect of the grant, and a direction under paragraph (c) above may require the application, appropriation or payment of an amount with interest in accordance with subsections (7) to (9) below. Where, after a grant to which this section applies has been made to an association, a relevant event occurs, the association shall notify the appropriate authority and, if so required by written notice of the appropriate authority , shall furnish it with such particulars of and information relating to the event as are specified in the notice. Where a grant to which this section applies (other than one falling within subsection (1)(c) above) has been made to an association, the Chief Land Registrar may furnish the appropriate authority with such particulars and information as it may reasonably require for the purpose of ascertaining whether a relevant event has occurred; but this subsection shall cease to have effect on the day appointed under section 3(2) of the Land Registration Act 1988 for the coming into force of that Act. Where— a grant to which this section applies has been made to an association, and at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other relevant housing association , or trustees for some other such association, this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (6) below, had been made to that other association. The proportion referred to in subsection (5) above is that which, in the circumstances of the particular case,— the appropriate authority , acting in accordance with such principles as it may from time to time determine, may specify as being appropriate; or the appropriate authority may determine to be appropriate. A direction under subsection (2)(c) above requiring the application, appropriation or payment of an amount with interest shall specify, in accordance with subsection (9) below,— the rate or rates of interest (whether fixed or variable) which is or are applicable; the date from which interest is payable, being not earlier than the date of the relevant event; and any provision for suspended or reduced interest which is applicable. In subsection (7)(c) above— the reference to a provision for suspended interest is a reference to a provision whereby, if the principle amount is applied, appropriated or paid before a date specified in the direction, no interest will be payable for any period after the date of the direction; and the reference to a provision for reduced interest is a reference to a provision whereby, if the principle amount is so applied, appropriated or paid , any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable. The matters specified in a direction as mentioned in paragraphs (a) to (c) of subsection (7) above shall be either— such as the appropriate authority , acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or such as the appropriate authority may determine to be appropriate in the particular case. In this section and sections 53 and 54— “the appropriate authority”— in relation to an English relevant housing association and property outside Greater London , means the Homes and Communities Agency, in relation to an English relevant housing association and property in Greater London, means the Greater London Authority, and in relation to a Welsh relevant housing association, means the Welsh Ministers, “ relevant housing association ” means— a housing association which is a registered provider of social housing (“an English relevant housing association”), and a housing association which is a registered social landlord (“a Welsh relevant housing association”). In this section a reference to registration as a provider of social housing, so far as the context permits, is to be construed as including, in relation to times, circumstances and purposes before the commencement of section 111 of the Housing and Regeneration Act 2008, a reference to registration under— Part 1 of the Housing Act 1996, Part 1 of the 1985 Act, or any corresponding earlier enactment.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 52 gives the appropriate authority (Homes and Communities Agency for English associations outside London, Greater London Authority for London, Welsh Ministers for Wales) powers to recover or adjust grants made under sections 50, 51, or certain earlier provisions. The authority can reduce the grant, suspend or cancel instalments, or direct the association to repay all or part of the grant, with interest, if a 'relevant event' occurs. The authority determines what counts as a relevant event, which may include the association not complying with grant conditions. The association must notify the authority of any relevant event and provide information. If grant-funded property is transferred to another qualifying housing association, the grant is treated as made to that new association.
When it applies
- The authority determines that the housing association failed to use grant money for the intended purpose and demands repayment of the full amount with interest.
- The authority suspends the next instalment of a grant after the association's financial accounts show a change in circumstances that the authority considers a relevant event.
- The association transfers grant-funded housing to another registered provider, and the authority treats the grant as made to the new provider.
- The authority, suspecting a relevant event, requests information from the Land Registry about the grant property.
- The association notifies the authority of a change in the use of grant-funded property, and the authority then reduces the grant amount.
What this section does not say
- This section does not list the specific events that trigger recovery; those are determined by the authority.
- It does not apply to grants made to individuals; only to relevant housing associations.
- It does not set the amount of the grant or the conditions attached; those are in other provisions.
- It does not cover grants under sections other than 50, 51, or the specified earlier enactments.
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This page reproduces the text of HA 1988 s. 52 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.