Disposal of houses with secure tenancies: HA 1988 s. 84
Requires HATs to serve 28-day notices on local authorities & tenants, consider replies, & get consent before selling secure tenancy houses to private buyers.
The provisions of this section apply in any case where— a housing action trust proposes to make a disposal of one or more houses let on secure tenancies or introductory tenancies which would result in a person who, before the disposal, is a secure tenant or an introductory tenant of the trust becoming, after the disposal, the tenant of another person, and that other person is not a local housing authority or other local authority. Before applying to the Secretary of State for consent to the proposed disposal or serving notice under subsection (4) below, the housing action trust shall serve notice in writing on any local housing authority in whose area any houses falling within subsection (1) above are situated— informing the authority of the proposed disposal and specifying the houses concerned, and requiring the authority within such period, being not less than 28 days, as may be specified in the notice, to serve on the trust a notice under subsection (3) below. A notice by a local housing authority under this subsection shall inform the housing action trust, with respect to each of the houses specified in the notice under subsection (2) above which is in the authority’s area, of the likely consequences for the tenant if the house were to be acquired by the authority. Before applying to the Secretary of State for consent to the proposed disposal, and after the expiry of the period specified in the notice under subsection (2) above, the housing action trust shall serve notice in writing on ... the secure tenant or, as the case may be, introductory tenant — informing him of the proposed disposal and of the name of the person to whom the disposal is to be made; containing such other details of the disposal as seem to the trust to be appropriate; informing him of the likely consequences of the disposal on his position as a ... secure tenant or an introductory tenant and, if appropriate, of the effect of sections 171A to 171H of the Housing Act 1985 (preservation of right to buy on disposal to private sector landlord); if the local housing authority in whose area the house of which he is tenant is situated has served notice under subsection (3) above, informing him (in accordance with the information given in the notice) of the likely consequences for him if the house were to be acquired by that authority; informing him, if he wishes to become a tenant of that authority, of his right to make representations to that effect under paragraph (f) below and of the rights conferred by section 84A below; informing him of his right to make representations to the trust with respect to the proposed disposal within such period, being not less than 28 days, as may be specified in the notice. If, by virtue of any representations made to the housing action trust in accordance with subsection (4)(f) above, section 84A below applies in relation to any house or block of flats, the trust shall— serve notice of that fact on the Secretary of State, on the local housing authority and on the tenant of the house or each of the tenants of the block, and so amend its proposals with respect to the disposal as to exclude the house or block; and in this subsection “ house ” and “ block of flats ” have the same meanings as in that section. The housing action trust shall consider any other representations so made and, if it considers it appropriate to do so having regard to any of those representations— may amend (or further amend) its proposals with respect to the disposal, and in such a case, shall serve a further notice under subsection (4) above (in relation to which this subsection will again apply). When applying to the Secretary of State for consent to the proposed disposal (as amended, where appropriate, by virtue of subsection (5) or subsection (5A) above) the housing action trust shall furnish to him— a copy of any notice served on it under subsection (3) above or served by it under subsection (4) above; a copy of any representations received by the trust; and a statement of the consideration given by the trust to those representations. Without prejudice to the generality of section 72 above, where an application is made to the Secretary of State for consent to a disposal to which this section applies, or a disposal which would be such a disposal if subsection (1)(b) above were omitted, the Secretary of State may, by a direction under that section, require the housing action trust— to carry out such further consultation or, as the case may be, such consultation with respect to the proposed disposal as may be specified in the direction; and to furnish to him such information as may be so specified with respect to the results of that consultation. Notwithstanding the application to a housing action trust of Part IV of the Housing Act 1985 (secure tenancies) of Chapter 1 of Part V of the Housing Act 1996 (introductory tenancies), a disposal falling within subsection (1) above shall be treated as not being a matter of housing management to which section 105 of the Act of 1985 applies (in the case of secure tenants) or section 137 of the Act of 1996 applies (in the case of introductory tenants).
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 sets out the procedure a housing action trust (HAT) must follow before it sells or otherwise disposes of houses that are let on secure tenancies or introductory tenancies to a buyer who is not a local authority. The HAT must first give written notice to the local housing authority for the area, giving at least 28 days for the authority to reply with information about what would happen to the tenant if that authority acquired the house. After that period, the HAT must give a similar notice to each tenant, again allowing at least 28 days for the tenant to make representations about the proposed sale. The notice to the tenant must include details of the buyer, the likely consequences for the tenant's security, and information about the tenant's right to request transfer to the local authority under section 84A. If a tenant makes representations and section 84A applies, the HAT must exclude that house from the sale. The HAT must consider all other representations and may amend its proposals, and when it applies to the Secretary of State for consent it must provide copies of the notices and representations and a statement of its consideration. The section also provides that the disposal is not a matter of housing management for tenant consultation purposes.
When it applies
- A housing action trust plans to sell a block of flats where all tenants hold secure tenancies to a private property company.
- A secure tenant receives a notice from the HAT stating that the house will be sold to a named private landlord and giving 28 days to make representations.
- A local housing authority receives a notice from a HAT about a proposed disposal and must respond within 28 days about the likely consequences for the tenant if the authority were to buy the house.
- A tenant makes written representations to the HAT opposing the sale, and the HAT decides to exclude that house from the disposal under section 84A.
- The HAT applies to the Secretary of State for consent and includes copies of the notices, tenant representations, and a statement of how it considered them.
What this section does not say
- It does not cover disposals made to another local housing authority or other local authority, as subsection (1)(b) explicitly excludes them.
- It does not cover disposals made without the consent of the Secretary of State; that situation is governed by section 80 of the same Act.
- It does not give the tenant a right to buy the property or a right to veto the disposal; it only requires notice and consideration of representations.
- It does not apply to disposals of empty houses or houses let on non-secure tenancies (e.g., assured shorthold tenancies) because the tenancy must be a secure or introductory tenancy.
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This page reproduces the text of HA 1988 s. 84 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.