Transfer from HAT to local council HA 1988 s. 84A
Requires the Secretary of State to order the transfer of HAT housing let on secure or introductory tenancies to the local housing authority if tenants so wish.
This section applies in relation to any house or block of flats specified in a notice under subsection (2) of section 84 above if— in the case of a house, the tenant makes representations in accordance with paragraph (f) of subsection (4) of that section to the effect that he wishes to become a tenant of the local housing authority in whose area the house is situated; or in the case of a block of flats, the majority of the tenants who make representations in accordance with that paragraph make representations to the effect that they wish to become tenants of the local housing authority in whose area the block is situated. The Secretary of State shall by order provide for the transfer of the house or block of flats from the housing action trust to the local housing authority. The Secretary of State may also by order transfer from the housing action trust to the local housing authority so much as appears to the Secretary of State to be appropriate of any property belonging to or usually enjoyed with the house or, as the case may be, the block or any flat contained in it; and for this purpose “ property ” includes chattels of any description and rights and liabilities, whether arising by contract or otherwise. A transfer of any house, block of flats or other property under this section shall be on such terms, including financial terms, as the Secretary of State thinks fit; and an order under this section may provide that, notwithstanding anything in section 141 of the Law of Property Act 1925 (rent and benefit of lessee’s covenants to run with the reversion), any rent or other sum which— arises under the tenant’s tenancy or any of the tenants’ tenancies, and falls due before the date of the transfer, shall continue to be recoverable by the housing action trust to the exclusion of the authority. Without prejudice to the generality of subsection (4) above, the financial terms referred to in that subsection may include provision for payments to a local housing authority (as well as or instead of payments by a local housing authority); and the transfer from a housing action trust of any house, block of flats or other property by virtue of this section shall not be taken to give rise to any right to compensation. In this section— “ block of flats ” means a building containing two or more flats; “ common parts ”, in relation to a building containing two or more flats, means any parts of the building which the tenants of the flats are entitled under the terms of their tenancies to use in common with each other; “ flat ” and “ house ” have the meanings given by section 183 of the Housing Act 1985; and any reference to a block of flats specified in a notice under section 84(2) above is a reference to a block in the case of which each flat which is let on ... a secure tenancy or an introductory tenancy is so specified. For the purposes of subsection (6) above, a building which contains— one or more flats which are let, or available for letting, on ... secure tenancies or introductory tenancies by the housing action trust concerned, and one or more flats which are not so let or so available, shall be treated as if it were two separate buildings, the one containing the flat or flats mentioned in paragraph (a) above and the other containing the flat or flats mentioned in paragraph (b) above and any common parts.
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
When a Housing Action Trust proposes to dispose of property, tenants living in houses or flats on secure tenancies or introductory tenancies can formally state that they prefer to become council tenants. For an individual house, the tenant must express this wish. For a block of flats, a majority of the tenants who submit formal representations must request to become tenants of the local housing authority.
If those conditions are met, the Secretary of State must issue an order transferring the property from the Housing Action Trust to the local housing authority. The order can also transfer associated rights, chattels, and liabilities, and sets financial terms between the bodies. Rent arrears accrued before the transfer date may remain recoverable by the Housing Action Trust rather than passing to the council.
Where a single building contains a mix of secure or introductory tenancies alongside other types of occupancy, the law treats it as two separate buildings so that eligible tenancies can be transferred independently.
When it applies
- A tenant living in a house managed by a housing action trust under a secure or introductory tenancy requests a transfer to local housing authority management.
- A majority of secure or introductory tenants in a housing action trust block of flats vote to become local council tenants during a disposal notice period.
- A local housing authority acquires a housing action trust property along with its common parts, associated chattels, and contractual liabilities.
- A housing action trust continues pursuing rent arrears that fell due prior to the transfer of property to a local council.
What this section does not say
- Disposals of housing action trust properties to private landlords or housing associations (governed by section 84).
- General procedures for the complete dissolution of a housing action trust (governed by section 88).
- Legal assistance provided to tenants following a housing action trust disposal (governed by section 82).
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This page reproduces the text of HA 1988 s. 84A 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.