Housing Act 1985

[F1 106A Consultation before disposal to private sector landlord. E+W

(1) The provisions of Schedule 3A have effect with respect to the duties of—

(a) a local authority proposing to dispose of dwelling-houses subject to secure tenancies [F2 or introductory tenancies], and

(b) the Secretary of State in considering whether to give his consent to such a disposal,

to have regard to the views of tenants liable as a result of the disposal to cease to be secure tenants [F3 or introductory tenants].

(2) In relation to a disposal to which that Schedule applies [F4 under paragraph 1(1) of that Schedule], the provisions of that Schedule apply in place of the provisions of section 105 (consultation on matters of housing management) [F5 in the case of secure tenants and section 137 of the Housing Act 1996 (consultation on matters of housing management) in the case of introductory tenants.]

F6 [( 3 ) That Schedule, and this section, do not apply in relation to any disposal of an interest in land by a local authority if—

(a) the interest has been acquired by the authority (whether compulsorily or otherwise) following the making of an order for compulsory purchase under any enactment, other than section 290 (acquisition of land for clearance),

(b) the order provides that the interest is being acquired for the purpose of disposal to [F7 a private registered provider of social housing or] a registered social landlord, and

(c) such a disposal is made within one year of the acquisition.

(4) In this section “registered social landlord” has the same meaning as in Part I of the Housing Act 1996.]]

Textual Amendments

F1 S. 106A inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 6(1)(3)

F2 Words in s. 106A(1)(a) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(h)(i)

F3 Words in s. 106A(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(h)(ii)

F4 Words in s. 106A(2) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(16) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)

F5 Words in s. 106A(2) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(h)(iii)

F6 S. 106A(3)(4) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 para. 23; S.I. 1996/2402, art. 3 (subject to transitional provisions and to savings in Sch.)

F7 Words in s. 106A(3)(b) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 24 (with art. 6, Sch. 3)