Agency agreements for housing action trusts HA 1988 s. 87
Housing action trusts may delegate functions to agents via Secretary of State-approved agreements, with terms set and sub-delegation to committees or officers.
With the approval of the Secretary of State, a housing action trust may enter into an agreement with another person whereby, in relation to any housing accommodation or other land held by the trust which is specified in the agreement, that other person shall exercise, as agent of the trust, such of the functions of the trust as are so specified. An agreement under subsection (1) above shall set out the terms on which the functions of the housing action trust are exercisable by the person who, under the agreement, is the agent of the trust (in this Part of this Act referred to as “the agent”). Where the agent is a body or association, an agreement under subsection (1) above may provide that the functions of the agent under the agreement may be performed by a committee or sub-committee, or by an officer, of the body or association. The approval of the Secretary of State under subsection (1) above may be given unconditionally or subject to conditions. References in this section to the functions of a housing action trust in relation to housing accommodation or other land include— functions conferred by any statutory provision, and the powers and duties of the trust as holder of an estate or interest in the housing accommodation or land in question.
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 allows a housing action trust (HAT) to appoint another person as its agent to carry out some of the trust's functions on specified land. The appointment needs the Secretary of State's approval, which can be given unconditionally or with conditions. The agreement must set out exactly which functions the agent will exercise and the terms on which they are exercised.
If the agent is a body or association, the agreement can allow those functions to be performed by a committee, sub-committee, or officer of that body. The functions that can be delegated include anything the HAT is required or enabled to do by any law, as well as the powers and duties the HAT has as the owner of the land or housing.
When it applies
- A housing action trust wants a private management company to handle rent collection and repairs on a specific estate.
- A HAT delegates day-to-day running of a block of flats to a local housing association, and the association sets up a committee to make decisions.
- The Secretary of State approves an agency agreement but imposes a condition that the HAT must approve all major expenditures by the agent.
- A HAT and a local authority enter an agreement covering only a handful of properties, leaving other properties managed directly by the trust.
What this section does not say
- This section does not govern how a housing action trust is created or dissolved – that is covered by sections 77 and 88.
- It does not deal with the disposal of land by a housing action trust – that is under section 79.
- It does not set rent levels or increases – those are covered by sections 85 and 86.
- It does not give tenants any right to buy – that right appears in Part IV starting at section 93.
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This page reproduces the text of HA 1988 s. 87 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.