15.3The 1996 Act provides 4 circumstances in which a housing authority must secure accommodation on an interim basis until a decision or other event occurs. These are set out below. The Whole Act you have selected contains over 200 provisions and might take some time to download. Nothing in this section affects the right of a residential occupier to enforce any liability which arises apart from this section in respect of his loss of the right to occupy premises as his residence; but damages shall not be awarded both in respect of such a liability and in respect of a liability arising by virtue of this section on account of the same loss. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). this happens, the tenant may claim damages under section 28 of the Housing Act 1988. More information is available about EU Legislation and UK Law. (b)at the request of the former residential occupier, a court makes an order (whether in the nature of an injunction or otherwise) as a result of which he is reinstated as mentioned in paragraph (a) above; and, for the purposes of paragraph (a) above, proceedings to enforce a liability are finally disposed of on the earliest date by which the proceedings (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired, except that if any appeal is abandoned, the proceedings shall be taken to be disposed of on the date of the abandonment. 6 by, the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. (a) “residential occupier”, in relation to any premises, has the same meaning as in section 1 of the 1977 Act; (b) “the right to occupy”, in relation to a residential occupier, includes any restriction on the right of another person to recover possession of the premises in question; (c) “landlord”, in relation to a residential occupier, means the person who, but for the occupier’s right to occupy, would be entitled to occupation of the premises and any superior landlord under whom that person derives title; (d) “former residential occupier”, in relation to any premises, means the person who was the residential occupier until he was deprived of or gave up his occupation as mentioned in subsection (1) or subsection (2) above (and, in relation to a former residential occupier, “the right to occupy” and “landlord” shall be construed accordingly). [13 th July, 1988] BE IT ENACTED BY THE OIREACHTAS AS … There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Amendmentofsection4ofActof1979. Note 1: Regulations may be made for the purposes of section 27 of the Australian Capital Territory (Self‑Government) Act 1988 with the effect that the Water Resources Act 2007 (ACT) binds the Crown in right of the Commonwealth in respect of National Land. Section 27, Housing Act 1985 Practical Law Primary Source 1-519-3955 (Approx. Return to the latest available version by using the controls above in the What Version box. failure to pay rent and where the Landlord requires the property to live in as its principal residence) and eleven discretionary grounds (e.g. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. s.26 Housing Act 1988 and s.27 Rent (Agriculture) Act 1976. Alternative versions: 01/02/1991- Amendment; 05/12/2005- Amendment; Exit from the EU: There may be changes and effects to this Legislation not yet recorded or applied to the text. Changes that have been made appear in the content and are referenced with annotations. 31.—(1) This Act may be cited as the Housing Act, 1988. Amendment of City and County Management (Amendment) Act, 1955. (b)subject to subsection (5) below, shall be in addition to any liability arising apart from this section (whether in tort, contract or otherwise). Turning this feature on will show extra navigation options to go to these specific points in time. Act you have selected contains over Permanent Access essential accompanying documents and information for this legislation item from this tab. Search within this Act. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. (b)that, before the proceedings were begun, the landlord in default offered to reinstate the former residential occupier in the premises in question and either it was unreasonable of the former residential occupier to refuse that offer or, if he had obtained alternative accommodation before the offer was made, it would have been unreasonable of him to refuse that offer if he had not obtained that accommodation. Section 25. The strata corporation’s functions include the administration and maintenance of the common property and enforcement of the articles (rules) of the corporation. The Housing and Community Development Act of 1987, P.L. This applies regardless of which ground is used for Section … The Fair Housing Act prohibits discrimination in housing and housing-related transactions because of disability. City and County Management (Amendment) Act, 1955 at the request of the former residential occupier, a court makes an order (whether in the nature of an injunction or otherwise) as a result of which he is reinstated as mentioned in paragraph (a) above; If, in proceedings to enforce a liability arising by virtue of subsection (3) above, it appears to the court—, that, prior to the event which gave rise to the liability, the conduct of the former residential occupier or any person living with him in the premises concerned was such that it is reasonable to mitigate the damages for which the landlord in default would otherwise be liable, or. (Repealed) an act to amend and extend the housing acts, 1966 to 1979, to amend the vagrancy act, 1824, and the city and county management (amendment) act, 1955, and to provide for certain other matters in relation to housing and in relation to the discharge of mortgages. tenancy (AST) is sought under section 21(1) or (4) of the Housing Act 1988. (d)(1), probably means the Fair Housing Amendments Act of 1988, Pub. This includes possession of tenancies in the Rent Act 1977, the Housing Act 1985, the Housing Act 1996 and the Housing Act 1988. 200 provisions and might take some time to download. Section 504 of the Rehabilitation Act prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance. where the property was let as part of the tenant’s employment with the Landlord and the tenant is no longer employed by the Landlord). To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation. 100-242, 101 Stat. Revised legislation carried on this site may not be fully up to date. (3)Subject to the following provisions of this section, where this section applies, the landlord in default shall, by virtue of this section, be liable to pay to the former residential occupier, in respect of his loss of the right to occupy the premises in question as his residence, damages assessed on the basis set out in section 28 below. View by ... Act, 1955. [29] s.28 and s.29 Rent (Agriculture) Act 1976; p.4 Summary of responses to the government consultation on The future of the Agricultural Wages Board for England and Wales, Agricultural Wages Committees, Agricultural Dwelling House Advisory Committees, DEFRA, October 2012. There are changes that may be brought into force at a future date. You Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. The strata corporation formed on deposit of the plan in the Lands Titles Office consists of the current owners of the units in the scheme. When using either Section 8 or Section 21 notices to quit, landlords must give at least three months’ notice before they can apply to the court for possession. (2)This section also applies if, at any time after 9th June 1988, a landlord (in this section referred to as “the landlord in default”) or any person acting on behalf of the landlord in default—, (a)attempts unlawfully to deprive the residential occupier of any premises of his occupation of the whole or part of the premises, or, (b)knowing or having reasonable cause to believe that the conduct is likely to cause the residential occupier of any premises—, (i)to give up his occupation of the premises or any part thereof, or. [13th july, 1988]. Housing Act 1988, Section 21 is up to date with all changes known to be in force on or before 23 February 2021. (a) The Defence Housing Australia Act 1987 was amended by Part IV (sections 9–13) only of the Defence Legislation Amendment Act 1988, subsection 2(1) of which provides as follows: (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. Housing Act 1988, Section 27 is up to date with all changes known to be in force on or before 27 February 2021. long time to run. This date is our basedate. Indicates the geographical area that this provision applies to. (6)No liability shall arise by virtue of subsection (3) above if—, (a)before the date on which proceedings to enforce the liability are finally disposed of, the former residential occupier is reinstated in the premises in question in such circumstances that he becomes again the residential occupier of them; or. According to Section 5 of the Housing Act 1988, an assured or assured shorthold tenancy continues as a statutory periodic tenancy after the end of the contractual fixed term. Revised legislation carried on this site may not be fully up to date. Note 2: The Authority retains the function of approving works in Designated Areas under section 12. Subject to the following provisions of this section, where this section applies, the landlord in default shall, by virtue of this section, be liable to pay to the former residential occupier, in respect of his loss of the right to occupy the premises in question as his residence, damages assessed on the basis set out in section 28 below. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. Housing Act 1988, Section 28 is up to date with all changes known to be in force on or before 24 February 2021. subject to subsection (5) below, shall be in addition to any liability arising apart from this section (whether in tort, contract or otherwise). Section 36(3): replaced, on 1 April 1988, by section 2 of the Housing Amendment Act 1988 (1988 No 66). (1)This section applies if, at any time after 9th June 1988, a landlord (in this section referred to as “the landlord in default”) or any person acting on behalf of the landlord in default unlawfully deprives the residential occupier of any premises of his occupation of the whole or part of the premises. In relation to excluded occupiers, although there is no requirement for a court order, the landlord must give reasonable notice, otherwise s/he may still be found guilty of harassment and illegal eviction. 200 provisions and might take some time to download. Changes to Legislation. Page URL, Commencement, Amendments, SIs made under the Act, Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht, Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí), City and County Management (Amendment) Act, 1955. to refrain from exercising any right or pursuing any remedy in respect of the premises or any part thereof. Use this menu to access essential accompanying documents and information for this legislation item. Different options to open legislation in order to view more content on screen at once. , is hereby amended by the insertion in section 2 of the following subsection after subsection (9): “(10) An emergency situation for the purpose of subsection (9) of this section shall be deemed to exist where, in the opinion of the manager, the works concerned are urgent and necessary (having regard to personal health, public health and safety considerations) in order to provide a reasonable standard of accommodation for any person.”. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing. Act you have selected contains over There may be changes and effects to this Legislation not yet recorded or applied to the text. The Fair Housing Act Amendments of 1988, referred to in subsec. L. 100–430, Sept. 13, 1988, 102 Stat. Section 36(3) : amended , on 1 October 2019 , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50). As the Housing Act 1988 is currently drafted, Landlords may only terminate ASTs on eleven mandatory grounds (e.g. The Victorian Government acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present. 1815, is a United States federal law which amended the Housing and Community Development Act laws with regards to the Housing Act of 1937.The amendments revised sections of the Act concerning community and neighborhood development, family and single housing, and preservation for low income home owners. From 29 August 2020 this form must be used for all ASTs created on or after 1 October 2015 except for statutory periodic tenancies which have come into being on or after 1 October 2015 at the end of fixed term AST’s created before 1 October 2015. The first date in the timeline will usually be the earliest date when the provision came into force. The Act "amend[s] the Fair Housing Act to modify the exemption from certain familial status discrimination prohibitions granted to housing for older persons." Ctrl + Alt + T to open/close. There are currently no additional references that you need to check. No versions before this date are available. There are changes that may be brought into force at a future date. (5)Nothing in this section affects the right of a residential occupier to enforce any liability which arises apart from this section in respect of his loss of the right to occupy premises as his residence; but damages shall not be awarded both in respect of such a liability and in respect of a liability arising by virtue of this section on account of the same loss. 1619, as amended. Section 27 of The Housing Act 1985: The General Approval for Housing Management Agreements 2009 PDF , 20.6KB , 4 pages This file may not be suitable for users of assistive technology. Changes that have been made appear in the content and are referenced with annotations. (ii)to refrain from exercising any right or pursuing any remedy in respect of the premises or any part thereof. For further information see the Editorial Practice Guide and Glossary under Help. The judgement in Church Commissioners v Meya, refers to section 5(3)(d) of the 1988 Housing Act which clearly defines rental periods as the same as those for which ‘rent was last payable under the fixed-term tenancy’. Links to this primary source; Content referring to this primary source; Practical Law coverage of this primary source reference and links to the underlying primary source materials. For more information see the EUR-Lex public statement on re-use. Under s.27 and s.28 Housing Act 1988, damages fall to be assessed under a valuation exercise, governed – so far as is relevant to this case – by s.28 (1) Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. By sections; View whole (535KB) Versions and amendments; Print/Download PDF [848KB] Add to web feed; Order a commercial print; Contents; Previous section; Next section; Tag section; Remove; Previous hit; Next hit; Reprint as at 7 August 2020. Changes to Legislation . The Assured Shorthold Tenancy is the default legal category of residential tenancy in England and Wales.It is a form of assured tenancy with limited security of tenure, which was introduced by the Housing Act 1988 and saw an important default provision and a widening of its definition made by the Housing Act 1996. Geographical Extent: 1 page) Ask a question Section 27, Housing Act 1985 Toggle Table of Contents Table of Contents. (7)If, in proceedings to enforce a liability arising by virtue of subsection (3) above, it appears to the court—, (a)that, prior to the event which gave rise to the liability, the conduct of the former residential occupier or any person living with him in the premises concerned was such that it is reasonable to mitigate the damages for which the landlord in default would otherwise be liable, or. See how this legislation has or could change over time. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. For further information see ‘Frequently Asked Questions’. No liability shall arise by virtue of subsection (3) above if—, before the date on which proceedings to enforce the liability are finally disposed of, the former residential occupier is reinstated in the premises in question in such circumstances that he becomes again the residential occupier of them; or. HOUSING ACT, 1988 AN ACT TO AMEND AND EXTEND THE HOUSING ACTS, 1966 TO 1979, TO AMEND THE VAGRANCY ACT, 1824, AND THE CITY AND COUNTY MANAGEMENT (AMENDMENT) ACT, 1955, AND TO PROVIDE FOR CERTAIN OTHER MATTERS IN RELATION TO HOUSING AND IN RELATION TO THE DISCHARGE OF MORTGAGES. Show Timeline of Changes: (4)Any liability arising by virtue of subsection (3) above—, (a)shall be in the nature of a liability in tort; and. There are changes that may be brought into force at a future date. Any liability arising by virtue of subsection (3) above—, shall be in the nature of a liability in tort; and. Revised legislation carried on this site may not be fully up to date. does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence. Despite Supreme Court decisions such as Shelley v. Kraemer (1948) and Jones v. Mayer Co.(1968), which outlawed the exclusion of African Americans or other minorities from certain sections of cities, race-based housing patterns were still in force by the late 1960s. may also experience some issues with your browser, such as an alert box that a script is taking a Housing Act, 1988 Permanent Page URL . specified provision(s) savings for amendments by 2018 anaw 1, s. 6, Sch. WHAT DOES THIS MEAN? Those who challenged them often met with resistance, hostility and even violence. AmendmentofCityandCountyManagement(Amendment)Act, 1955. be … Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. No changes have been applied to the text. that, where the liability would otherwise arise by virtue only of the doing of acts or the withdrawal or withholding of services, he had reasonable grounds for doing the acts or withdrawing or withholding the services in question. For our purposes we will focus primarily on the Housing Act 1988 and the “assured shorthold tenancy” and the “assured tenancy” which are the two models of lease created under that Act. (8)In proceedings to enforce a liability arising by virtue of subsection (3) above, it shall be a defence for the defendant to prove that he believed, and had reasonable cause to believe—, (a)that the residential occupier had ceased to reside in the premises in question at the time when he was deprived of occupation as mentioned in subsection (1) above or, as the case may be, when the attempt was made or the acts were done as a result of which he gave up his occupation of those premises; or. Changes over time for: Section 27. The Coronavirus Act. 26. This section applies if, at any time after 9th June 1988, a landlord (in this section referred to as “, This section also applies if, at any time after 9th June 1988, a landlord (in this section referred to as “, attempts unlawfully to deprive the residential occupier of any premises of his occupation of the whole or part of the premises, or, knowing or having reasonable cause to believe that the conduct is likely to cause the residential occupier of any premises—, to give up his occupation of the premises or any part thereof, or. the court may reduce the amount of damages which would otherwise be payable to such amount as it thinks appropriate. Produced by the Office of the Attorney General. Housing Act 1988, Section 27 is up to date with all changes known to be in force on or before 19 February 2021. (b)that, where the liability would otherwise arise by virtue only of the doing of acts or the withdrawal or withholding of services, he had reasonable grounds for doing the acts or withdrawing or withholding the services in question. The short title is the "Housing for Older Persons Act of 1995." that, before the proceedings were begun, the landlord in default offered to reinstate the former residential occupier in the premises in question and either it was unreasonable of the former residential occupier to refuse that offer or, if he had obtained alternative accommodation before the offer was made, it would have been unreasonable of him to refuse that offer if he had not obtained that accommodation, In proceedings to enforce a liability arising by virtue of subsection (3) above, it shall be a defence for the defendant to prove that he believed, and had reasonable cause to believe—, that the residential occupier had ceased to reside in the premises in question at the time when he was deprived of occupation as mentioned in subsection (1) above or, as the case may be, when the attempt was made or the acts were done as a result of which he gave up his occupation of those premises; or. State Sector Act 1988: repealed, on 7 August 2020, by section 132(1) of the Public Service Act 2020 (2020 No 40). You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. and, as a result, the residential occupier gives up his occupation of the premises as a residence. There is no corresponding provision to section 27 in the Housing Act 1988 Following an extensive campaign in 2012 led by Shelter Scotland to end what it perceived as illegal premiums being charged on tenants, the Scottish Government clarified the law covering what fees letting agents and landlords can charge private tenants. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 3601 of this title and Tables. Since 28 February 1997 in respect of accommodation to new tenants who are new … 27.—The (2) The Housing Acts, 1966 to 1979, and this Act (other than sections 27 and 28) may be cited together as the Housing Acts, 1966 to 1988, and shall be construed together as one Act. The Fair Housing Act, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin.Its coverage includes private housing, housing that receives Federal financial assistance, and State and local government housing. Housing Law – Housing Act 1988 ss27 and 28 Court of Appeal Abbott v Bayley (2000) 2 HLR 72 CA Landlord liable under s27 (2) although tenant not physically excluded; damages in addition to s28 damages Mr Bayley owned a two-bedroomed flat. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. The unit entitlements which are annexed to the strata plan determine the share unit owners contribute to insurance and other fees collected by the corporation. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. The Whole The Whole Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made.