HOUSING ACT 1985
Housing management
20 Application of housing management provisions.(1) The following provisions of this Part [F1down to [F2section 27BA]] (general provisions on housing management matters) apply in relation to all houses held by a local housing authority for housing purposes.
(2) References in those provisions to an authority’s houses shall be construed accordingly.
21 General Management(1) The general management, regulation and control of a local housing authority’s houses is vested in and shall be exercised by the authority and the houses shall at all times be open to inspection by the authority.
(2) Subsection (1) has effect subject to section 27 [F3(management agreements)].
23 Byelaws.(1) A local housing authority may make byelaws for the management, use and regulation of their houses.
(2) A local housing authority may make byelaws with respect to the use of land held by them by virtue of section 12 (recreation grounds and other land provided in connection with housing), excluding land covered by buildings or included in the curtilage of a building or forming part of a highway.
(3) A local housing authority shall as respects their lodging-houses by byelaws make sufficient provision for the following purposes—
(a) for securing that the lodging-houses are under the management and control of persons appointed or employed by them for the purpose,
(b) for securing the due separation at night of men and boys above eight years old from women and girls,
(c) for preventing damage, disturbance, interruption and indecent and offensive language and behaviour and nuisances, and
(d)for determining the duties of the persons appointed by them;
and a printed copy or a sufficient abstract of the byelaws relating to lodging-houses shall be put up and at all times kept in every room in the lodging-houses.24 Rents.(1)A local housing authority may make such reasonable charges as they may determine for the tenancy or occupation of their houses.
(2) The authority shall from time to time review rents and make such changes, either of rents generally or of particular rents, as circumstances may require.
27 Management agreements.(1) A local housing authority may agree that another person shall exercise in relation to—
(a) such of the authority’s houses as are specified in the agreement, and
(b) any other land so specified which is held for a related purpose,
such of the authority’s management functions as are so specified.
(2)In this Act—
(a)“management agreement” means an agreement under subsection (1) or a sub-agreement, and
(b)“manager”, in relation to a management agreement, means a person by whom management functions are exercisable under the agreement.
(3) A management agreement shall set out the terms on which the authority’s functions are exercisable by a manager.
(4) An agreement under subsection (1) shall contain such provisions as may be prescribed by regulations made by the Secretary of State.
(5) A management agreement may—
(a) include provision authorising a manager, with the consent of the authority, to agree that another person shall exercise any management function exercisable by the manager under the agreement;
(b)where a body or association is a manager, provide that the management functions of the body or association under the agreement may be performed by a committee, sub-committee, officer or employee of the body or association.
(6) Subject to subsection (7), the approval of the Secretary of State shall be required to—
(a) the making of any management agreement;
(b) the variation of a provision of a management agreement, if the provision is specified, or is of a description specified, by the Secretary of State in giving approval to the making of a management agreement.
(7) The Secretary of State may, in giving approval to the making of an agreement under subsection (1)—
(a) specify a moratorium period and the circumstances in which it is to apply;
(b)specify circumstances in which his approval is not required to the making of a sub-agreement under the agreement.
(8) If a moratorium period applies in relation to a management agreement—
(a) during the moratorium period the approval of the Secretary of State is not required to the making of a sub-agreement under the agreement;
(b) any sub-agreement made under the agreement during the moratorium period without the approval of the Secretary of State is not valid unless it is approved by the Secretary of State immediately after the end of the moratorium period.
(9) A moratorium period specified under subsection (7) must not exceed 6 months.
(10) Where a sub-agreement has been made during a moratorium period without the approval of the Secretary of State, the Secretary of State may extend the moratorium period if he is satisfied that he will not give his approval to that sub-agreement immediately after the end of that period; and this subsection may apply more than once.
(11) The approval of the Secretary of State to the making of an agreement under subsection (1) or to the variation of such an agreement may be given generally or to a particular local housing authority or description of local housing authority.
(12) The approval of the Secretary of State under this section may be given—
(a) in relation to a particular case or description of case;
(b) unconditionally or subject to conditions.
(13) Subject to subsection (15)—
(a) anything done, or not done, by a manager in connection with the exercise (or purported exercise) of a relevant function shall be treated as done, or not done, by the authority;
(b) anything done, or not done, in relation to a manager in connection with the exercise (or purported exercise) of a relevant function shall be treated as done, or not done, in relation to the authority.
(14) In subsection (13) “relevant function” means a management function of the authority exercisable by the manager under a management agreement.
(15) Subsection (13) shall not apply—
(a) to the extent that a management agreement provides otherwise as between the parties to it; or
(b) for the purposes of any criminal proceedings brought in respect of anything done or not done by the manager.
(16) References in subsection (1) to the management functions of a local housing authority in relation to houses or land—
(a) do not include such functions as may be prescribed by regulations made by the Secretary of State, but
(b) subject to that, include functions conferred by any statutory provision and the powers and duties of the authority as holder of an estate or interest in the houses or land in question.
(17) Regulations under this section—
(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas,
(b) may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient, and
(c) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(18)In this section, “sub-agreement” means an agreement made by a manager and another person pursuant to a provision included in an agreement by virtue of subsection (5)(a).]
Consultation with respect to housing management[F227BA Consultation with respect to management.(1) The Secretary of State may make regulations for imposing requirements on a local housing authority to consult tenants, or to consider representations made to them by tenants, with respect to the exercise of their management functions (including proposals as to the exercise of those functions), in relation to any of the authority’s houses or other land held for a related purpose.
Provision of information and consultation
105 Consultation on matters of housing management.(1) A landlord authority shall maintain such arrangements as it considers appropriate to enable those of its secure tenants who are likely to be substantially affected by a matter of housing management to which this section applies—
(a) to be informed of the authority’s proposals in respect of the matter, and
(b) to make their views known to the authority within a specified period;
and the authority shall, before making any decision on the matter, consider any representations made to it in accordance with those arrangements.
(2) For the purposes of this section, a matter is one of housing management if, in the opinion of the landlord authority, it relates to—
(a) the management, maintenance, improvement or demolition of dwelling-houses let by the authority under secure tenancies, or
(b) the provision of services or amenities in connection with such dwelling-houses;
but not so far as it relates to the rent payable under a secure tenancy or to charges for services or facilities provided by the authority.
(3) This section applies to matters of housing management which, in the opinion of the landlord authority, represent—
(a) a new programme of maintenance, improvement or demolition, or
(b) a change in the practice or policy of the authority,
and are likely substantially to affect either its secure tenants as a whole or a group of them who form a distinct social group or occupy dwelling-houses which constitute a distinct class (whether by reference to the kind of dwelling-house, or the housing estate or other larger area in which they are situated).
(4) In the case of a landlord authority which is a local housing authority, the reference in subsection (2) to the provision of services or amenities is a reference only to the provision of services or amenities by the authority acting in its capacity as landlord of the dwelling-houses concerned.
(5) A landlord authority shall publish details of the arrangements which it makes under this section, and a copy of the documents published under this subsection shall—
(a) be made available at the authority’s principal office for inspection at all reasonable hours, without charge, by members of the public, and
(b) be given, on payment of a reasonable fee, to any member of the public who asks for one.
Miscellaneous431 Control of expenditure by housing authorities on works of conversion or improvement.(1) A local authority or [F47development] corporation may not incur expenses in—
(a) providing dwellings by the conversion of houses or other buildings, or
(b) carrying out works required for the improvement of dwellings, with or without associated works of repair,
except in accordance with proposals submitted by the authority or corporation to the Secretary of State and for the time being approved by him.
(2)The Secretary of State’s approval may be given subject to such conditions, and may be varied in such circumstances, as appear to him to be appropriate; but before varying the terms of an approval he shall consult the authority or corporation concerned.
