Housing Act 1985

❧

Wikipedia

Housing Act 1985
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to consolidate the Housing Acts (except those provisions consolidated in the Housing Associations Act 1985 and the Landlord and Tenant Act 1985), and certain related provisions, with amendments to give effect to recommendations of the Law Commission.
Citation1985 c. 68
Territorial extent England and Wales
Dates
Royal assent30 October 1985
Commencement1 April 1986
Status: Current legislation
Text of statute as originally enacted
Text of the Housing Act 1985 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Housing Act 1985 (c. 68) is an act of the Parliament of the United Kingdom. The act introduced laws relating to the succession of council houses.[1] It also facilitated the transfer of council housing to not-for-profit housing associations.[2]

Selected contents

Power to acquire land and buildings

Section 17 authorises local housing authorities to acquire land and buildings for housing construction and for housing use.[3]

Cornwall Council argued in 2012, unsuccessfully, that the words "at a reasonable price" were implied by the wording of this section. The Council wanted to annul certain leases entered into by two predecessor local authorities because they considered the costs excessive and not to have been agreed by reference to local market rents, but the Court of Appeal said that such words or legal intent were not implied by the act.[4]

Overcrowding

Sections 324-326 replicate part 10 of the Housing Act 1935, referring to a "room standard" (section 325) and a "space standard" (section 326) as means by which to control "statutory overcrowding".[5][6] A breach of these standards is a criminal offence.

Table 1 maximum people per allowed room
No. of rooms No. of people
12
23
35
47 1⁄2
5 or more2 for each room
Table 2 Minimum room size per person
Floor area of room No. of people
110 sq. ft. (10.22m2) 2
90 ‒ 110 sq. ft. (8.36 ‒ 10.22m2)1 1⁄2
70 ‒ 90 sq. ft. (6.5 ‒ 8.36m2)1
50 ‒ 70 sq. ft. (4.65 ‒ 6.5m2)1⁄2

A child under 10 is counted as one half of a person.[7]

Section 610

Section 610 provides a power for the County Court to vary the terms of a lease or a restrictive covenant to allow for conversion of a single dwelling into two or more dwellings, where either the lease or the restrictive covenant would prohibit such a conversion. The power can be exercised where local housing need and demand has changed since the dwelling was built, or where planning permission for the conversion has been granted, and after consultation with "any person interested" in the matter. The use of this mechanism to facilitate change in residential property usage offers an alternative to the use of section 84 of the Law of Property Act 1925, which (in its amended form) provides for circumstances in which the Lands Tribunal can discharge or revise a restrictive covenant. The use of section 610 was reviewed in the Appeal Court case of Lawntown v Camenzuli in 2007, where Lord Justice Richards noted that there had been relatively few reported legal cases where interpretation of the section had been raised.[8]

See also

References

  1. ↑ Wilson, W. (2014) Succession rights and social housing, House of Commons Research Paper, SN/SP/1998, p. 2
  2. ↑ Hal Pawson, Cathy Fancie (10 September 2003). The evolution of stock transfer housing associations (Report). Joseph Rowntree Foundation. ISBN 1-86134-545-3. Retrieved 3 March 2017.
  3. ↑ UK Legislation, Housing Act 1985, Section 17
  4. ↑ Fenton, R., and Jagasia, J., Charles Terence Estates Limited v Cornwall Council: Public Law Ultra Vires as a Defence to a Private Law Claim, Guildhall Chambers, published in November 2012, accessed on 1 November 2025
  5. ↑ UK Legislation, Housing Act 1985, Sections 324-326
  6. ↑ Shelter, the National Campaign for Homeless People Ltd., Check if your home is overcrowded by law, accessed on 1 November 2025
  7. ↑ Park 2017, p. 26.
  8. ↑ England and Wales Court of Appeal (Civil Division), Lawntown Ltd v Camenzuli & Anor [2007] EWCA Civ 949, paragraphs 4-8, delivered on 10 October 2007, accessed on 24 September 2024

Bibliography