Last amended by Housing Act 2004 in 2004. Introduced HMO licensing and the Housing Health and Safety Rating System, and amended aspects of the secure-tenancy and Right to Buy regimes.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Housing Act 1985 is the principal consolidating statute for council housing in England and Wales. Its best-known provisions are the secure tenancy regime in Part IV, which gives council and other public-sector tenants security of tenure so that they can be evicted only on one of the statutory grounds in Schedule 2 and only after the correct notice and a court order, and the Right to Buy in Part V, which lets long-standing secure tenants buy their home at a discount. The Act also deals with the provision of housing accommodation, repair notices, overcrowding, and slum clearance, though much of its original homelessness and allocation content has since been replaced by the Housing Act 1996.
Key Points
- Secure tenancies (Part IV, s.79) — council tenants have security of tenure and can only be evicted on the grounds in Schedule 2
- Right to Buy (Part V, s.118) — secure tenants who satisfy the qualifying period can buy their home at a discount
- Grounds for possession (s.84 and Schedule 2) — a mix of grounds requiring reasonableness and/or suitable alternative accommodation
- Succession rights — a spouse, civil partner, or qualifying family member can succeed to the tenancy on the tenant's death
- Assignment generally prohibited except by court order, mutual exchange, or to a qualifying successor
- Discount on Right to Buy purchases calculated by reference to the qualifying period (s.129)
Parts & Sections
Amendments History
2004 — Housing Act 2004
Introduced HMO licensing and the Housing Health and Safety Rating System, and amended aspects of the secure-tenancy and Right to Buy regimes.
Frequently asked questions
- What is the Housing Act 1985 and what does it cover?
- The Housing Act 1985 is the main law governing council housing in England and Wales. It establishes the secure tenancy regime, which provides security of tenure for public-sector tenants, and the Right to Buy, allowing long-standing tenants to purchase their homes at a discount. It also covers housing provision, repair notices, and overcrowding, though some original homelessness provisions were replaced by the Housing Act 1996.
- What defines a secure tenancy under the Act?
- A secure tenancy is a specific type of council tenancy where the landlord is a public-sector body and the tenant occupies the property as their only or principal home. This status grants the tenant security of tenure, meaning they cannot be evicted without a court order and only if specific statutory grounds are met.
- Can a council landlord evict a secure tenant at any time?
- A secure tenant can only be evicted if the landlord obtains a court order for possession. The court can only grant this order based on specific grounds listed in Schedule 2 of the Act. These grounds often require the court to consider whether eviction is reasonable and whether suitable alternative accommodation is available for the tenant.
- How does the Right to Buy work for secure tenants?
- Yes, secure tenants who have completed the required qualifying period of public-sector occupation can buy their home. For a house, they can purchase the freehold, while for a flat, they can buy a long lease. The purchase price is reduced by a discount calculated based on the length of the tenant's qualifying period, subject to a statutory cap.
- What happens to a secure tenancy if the tenant dies?
- Upon the death of a secure tenant, the tenancy can pass to a spouse, civil partner, or qualifying family member. This is known as succession rights. Generally, secure tenants cannot assign their tenancy to others, except through a court order, a mutual exchange, or to a qualifying successor.