Housing action trust added to HA 1985 lists HA 1988 s. 83
Section 83 of HA 1988 inserts 'a housing action trust' into the lists of landlords in HA 1985 Parts IV and V on secure tenancies and right to buy.
Parts IV and V of the Housing Act 1985 (secure tenancies and the right to buy) shall be amended in accordance with this section. In section 80(1) (which lists the landlords whose tenancies can qualify as secure tenancies), after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ” . In section 108 (heating charges to secure tenants), in paragraph (a) of subsection (5) (the definition of “ heating authority ”) after the words “housing authority” there shall be inserted “or housing action trust”. In section 114 (meaning of “ landlord authority ” for the purposes of that Part), in each of subsections (1) and (2), after the entry specifying a development corporation, there shall be inserted— “ a housing action trust ” . In section 171 (power to extend right to buy where certain bodies hold an interest in a dwelling-house), in subsection (2), after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ” . In each of the following provisions (all of which relate to cases where premises are or were let to a person in consequence of employment), namely— paragraph 2(1) of Schedule I (tenancies which are not secure tenancies), Grounds 7 and 12 of Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies), Ground 5 of Schedule 3 (grounds for withholding consent to assignment by way of exchange), and paragraph 5 of Schedule 5 (exceptions to the right to buy), after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ” . In Schedule 4 (qualifying period for right to buy and discount), inparagraph 7 (the landlord condition) after the entry specifying a new town corporation there shall be inserted— “ a housing action trust ” .
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
This section makes technical amendments to the Housing Act 1985. It adds 'a housing action trust' to several existing lists where 'a new town corporation' already appears. The lists are in Parts IV and V of the 1985 Act, which cover secure tenancies and the right to buy.
The effect is that housing action trusts are treated in the same way as new town corporations for those purposes. The amendments touch on which landlords can grant secure tenancies, heating charges for secure tenants, grounds for possession, exceptions to the right to buy, and the qualifying period for discount.
This is a purely textual amendment. It does not create any new rights or obligations on its own.
When it applies
- A tenant of a housing action trust wants to exercise the right to buy their home.
- A housing action trust seeks possession of a dwelling-house using Ground 7 of Schedule 2 (employment-related) and needs to be listed as a qualifying landlord.
- A housing action trust charges heating costs to a secure tenant and relies on the definition of 'heating authority' that now includes them.
- A court considers whether a tenancy from a housing action trust is a secure tenancy under section 80(1) of the 1985 Act.
What this section does not say
- This section does not itself define what a secure tenancy is – that is in the 1985 Act.
- It does not create the right to buy – it only adds housing action trusts to the list of landlords whose tenants may qualify.
- It does not set rent levels or heating charges – it only adds the trust to the definition of 'heating authority' for the purposes of section 108.
- It does not apply to private landlords or local authorities other than housing action trusts.
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This page reproduces the text of HA 1988 s. 83 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.