Legal assistance for transferred tenants HA 1988 s. 82
HA 1988 s. 82 allows the appropriate authority to give legal assistance to transferred tenants in disputes with buyers following a section 79(2) disposal.
This section applies where a house has been disposed of by a Corporation to disposal falling within section 79(2) above and, in relation to a house provide legal which has been so disposed of, a “ transferred tenant ” means a tenant of it assistance to who either— was the secure tenant or the introductory tenant of the house immediately before the disposal; or is the widow, widower or surviving civil partner of the person who was then the secure tenant or the introductory tenant of it. On an application by a transferred tenant of a house who is a party or a prospective party to proceedings or prospective proceedings to determine any dispute between himself and the person who acquired the house on the disposal referred to in subsection (1) above, the appropriate authority may give assistance to the transferred tenant if it thinks fit to do so— on the ground that the case raises a question of principle; or on the ground that it is unreasonable, having regard to the complexity of the case, or to any other matter, to expect the transferred tenant to deal with it without assistance; or by reason of any other special consideration. Assistance given by the appropriate authority under this section may include— giving advice; procuring or attempting to procure the settlement of the matter in dispute; arranging for the giving of advice or assistance by a solicitor or counsel; arranging for representation by a solicitor or counsel, including such assistance as is usually given by a solicitor or counsel in the steps preli*minary or incidental to any proceedings, or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings; and any other form of assistance which the appropriate authority may consider appropriate; but paragraph (d) above does not affect the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in any proceedings. In so far as expenses are incurred by the appropriate authority in providing a transferred tenant with assistance under this section, the recovery of those expenses (as taxed or assessed in such manner as may be prescribed by rules of court) shall constitute a first charge for the benefit of the appropriate authority — on any costs which (whether by virtue of a judgment or order of a court or an agreement or otherwise) are payable to the tenant by any other person in respect of the matter in connection with which the assistance was given, and so far as relates to any costs, on his rights under any compromise or settlement arrived at in connection with that matter to avoid or bring to an end any proceedings; but subject to any charge imposed by section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and any provision in, or made under, Part I of that Act for the payment of any sum to the Lord Chancellor . In this section “the appropriate authority” means— in a case where the disposal mentioned in subsection (1) was to a private registered provider of social housing, the Regulator of Social Housing, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
HA 1988 s. 82 establishes a mechanism for transferred tenants to receive legal assistance when a dispute arises with the landlord who acquired their home. A transferred tenant is someone who was a secure tenant or introductory tenant immediately before a disposal under section 79(2), or the surviving spouse or civil partner of such a tenant.
The appropriate authority, such as the Regulator of Social Housing when property is transferred to a private registered provider of social housing, decides whether to grant assistance. Assistance may be granted if the case raises a question of principle, if the complexity makes it unreasonable for the tenant to proceed unassisted, or due to other special considerations.
Assistance under HA 1988 s. 82 can take forms including legal advice, assistance in reaching a compromise, or legal representation by a solicitor or counsel. If the authority incurs expenses in assisting the tenant, those expenses form a first charge on any costs awarded to the tenant or sums payable under a settlement, subject to statutory legal aid charges under section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
When it applies
- A transferred tenant requests legal representation funding from the Regulator of Social Housing for a complex court dispute against their new landlord.
- A surviving civil partner of a former secure tenant seeks advice from the authority to negotiate a settlement with a property buyer after a section 79(2) transfer.
- A tenant whose home was transferred under section 79(2) applies for legal help because their tenancy dispute involves an unresolved legal question of principle.
What this section does not say
- Disputes involving local authority secure tenants prior to any section 79(2) disposal.
- General financial assistance provided directly to housing bodies (governed under section 71).
- Requirements for serving possession notices on tenants (governed under section 8 or section 8a).
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This page reproduces the text of HA 1988 s. 82 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.