Rent Act 1977

86 Tenancies to which Part VI applies.E+W

(1)In this Part of this Act “housing association tenancy” means a tenancy to which this Part of this Act applies.

(2)This Part of this Act applies to a tenancy [F1(other than a co-ownership tenancy)] where—

(a)the interest of the landlord under that tenancy belongs to a housing association or housing trust, or to the Housing Corporation [F2or Housing for Wales], and

(b)the tenancy would be a protected tenancy but for section 15 or 16 of this Act, and is not a tenancy to which Part II of the M1Landlord and Tenant Act 1954 applies.

(3)In this Part of this Act “housing association[F3has the same meaning as in the Housing Associations Act 1985]

(a)restrict membership to persons who are tenants or prospective tenants of the association, and

(b)preclude the granting or assigning of tenancies to persons other than members.

[F4(3A)For the purposes of this section a tenancy is a “co-ownership tenancy” if—

(a)it was granted by a housing association which [F5is a co-operative housing association within the meaning of the Housing Associations Act 1985]; and

(b)the tenant (or his personal representatives) will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any conditions stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling-house.]

[F6(4)In this Part of this Act “housing trust” has the same meaning as in section 15 of this Act.]

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