Housing and Regeneration Act 2008

Chapter 5 E+W Disposal of property[F1 by private registered providers]

Textual Amendments

F1 Words in Pt. 2 Ch. 5 inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 34

Modifications etc. (not altering text)

C1 Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Introductory E+W

170 Overview E+W

This Chapter makes provision about the disposal of property by [F2 private registered providers].

Textual Amendments

F2 Words in s. 170 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 35

Commencement Information

I1 S. 170 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

171 Power to dispose E+W

(1) A [F3 private registered provider] may dispose of land.

(2) But a non-profit registered provider may dispose of the landlord's interest under a secure tenancy only to another non-profit registered provider [F4 or to a local authority which is a registered provider].

(3) Subsection (1) is subject to the following provisions of this Chapter F5 ....

Textual Amendments

F3 Words in s. 171(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 36(a)

F4 Words in s. 171(2) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 36(b)

F5 Words in s. 171(3) omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 13; S.I. 2017/75, reg. 4

Commencement Information

I2 S. 171 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F6 Notification of regulator] E+W

Textual Amendments

F6 S. 172 cross-heading substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 14; S.I. 2017/75, reg. 4

F7 172 Requirement of consent E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Ss. 172-175 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 15; S.I. 2017/75, reg. 4 (with reg. 6)

F7 173 Exceptions E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Ss. 172-175 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 15; S.I. 2017/75, reg. 4 (with reg. 6)

F7 174 Procedure E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Ss. 172-175 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 15; S.I. 2017/75, reg. 4 (with reg. 6)

F7 175 Disposal without consent E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Ss. 172-175 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 15; S.I. 2017/75, reg. 4 (with reg. 6)

[F8 176 Notification where disposal consent not required E+W

(1) If a private registered provider disposes of a dwelling that is social housing it must notify the regulator.

(2) If a non-profit registered provider disposes of land other than a dwelling it must notify the regulator.

(3) Subsection (1) continues to apply to any land of a private registered provider even if it has ceased to be a dwelling.

(4) The regulator may give directions about—

(a) the period within which notifications under subsection (1) or (2) must be given;

(b) the content of those notifications.

(5) The regulator may give directions dispensing with the notification requirement in subsection (1) or (2).

(6) A direction under this section may be—

(a) general, or

(b) specific (whether as to particular registered providers, as to particular property, as to particular forms of disposal or in any other way).

(7) A direction dispensing with a notification requirement—

(a) may be expressed by reference to a policy for disposals submitted by a registered provider;

(b) may include conditions.

(8) The regulator must make arrangements for bringing a direction under this section to the attention of every registered provider to which it applies.]

Textual Amendments

F8 S. 176 substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 16; S.I. 2017/75, reg. 4

F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 S. 177 cross-heading omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 33(b); S.I. 2017/75, reg. 4 (with reg. 7)

F10 177 Separate accounting E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Ss. 177, 178 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 33(a); S.I. 2017/75, reg. 4 (with reg. 7)

F10 178 Use of proceeds E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Ss. 177, 178 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 33(a); S.I. 2017/75, reg. 4 (with reg. 7)

F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F11 S. 179 and cross-heading omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 17; S.I. 2017/75, reg. 4

F11 179 Application of Housing Act 1996 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to acquire E+W

180 Right to acquire E+W

(1) The tenant of a dwelling in England has a right to acquire the dwelling if—

(a) the landlord is a [F12 private registered provider] or a registered social landlord,

(b) the tenancy is within subsection (2),

(c) the provision of the dwelling was publicly funded,

(d) the dwelling has remained in the social rented sector ever since that provision, and

(e) the tenant satisfies any qualifying conditions applicable under Part V of the Housing Act 1985 (c. 68) (as it applies by virtue of section 184).

(2) A tenancy is within this subsection if it is—

(a) an assured tenancy, other than F13 ... a long tenancy, or

(b) a secure tenancy.

[F14 (2A) The Secretary of State may by regulations provide that an assured shorthold tenancy of a description specified in the regulations is not a tenancy within subsection (2).]

(3) The reference in subsection (1)(a) to a [F15 private registered provider] includes—

(a) a person who provided the dwelling in fulfilment of a condition imposed by the HCA when giving assistance to the person;

(b) a person who provided the dwelling wholly or partly by means of a grant under section 27A of the Housing Act 1996 (c. 52).

Textual Amendments

F12 Words in s. 180(1)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 43(a)

F13 Words in s. 180(2)(a) repealed (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 165(2), 240(2), Sch. 25 Pt. 23 (with s. 165(4)); S.I. 2012/57, art. 4(1)(r) (with arts. 6 7 9-11); S.I. 2012/628, art. 6(c) (with arts. 9 11 14 15 17)

F14 S. 180(2A) inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 165(3), 240(2) (with s. 165(4)); S.I. 2012/57, art. 4(1)(r) (with arts. 6 7 9-11); S.I. 2012/628, art. 6(c) (with arts. 9 11 14 15 17)

F15 Words in s. 180(3) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 43(b)

Modifications etc. (not altering text)

C2 S. 180(2) restricted (E.) (1.4.2012) by The Transfer of Tenancies and Right to Acquire (Exclusion) Regulations 2012 (S.I. 2012/696), regs. 1(1), 4

Commencement Information

I3 S. 180 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

181 Interpretation: “publicly funded” E+W

(1) The provision of a dwelling was publicly funded if any of the following conditions is satisfied.

(2) Condition 1 is that—

(a) the dwelling was provided by a person in fulfilment of a condition imposed by the HCA when giving assistance to the person, and

(b) before giving the assistance the HCA notified the person that if it did so the provision of the dwelling would be regarded as publicly funded.

[F16 (2A) Condition 2 is that—

(a) the dwelling was provided wholly or partly by a person using an amount for purposes for which the amount was required to be used by an HCA direction under section 32(4), and

(b) before giving the direction the HCA notified the person that any dwelling so provided would be regarded as publicly funded.]

(3) Condition [F17 3] is that the dwelling was provided wholly or partly by using sums in the disposal proceeds fund of—

(a) a [F18 private registered provider], or

(b) a registered social landlord.

[F19 (3A) In relation to a private registered provider, the reference in subsection (3) to its disposal proceeds fund is to its disposal proceeds fund before the abolition of that fund by Part 3 of Schedule 4 to the Housing and Planning Act 2016.]

(4) Condition [F20 4] is that —

(a) the dwelling was acquired by a [F21 private registered provider], or a registered social landlord, on a disposal by a public sector landlord,

(b) the disposal was made on or after 1st April 1997, and

(c) at the time of the disposal the dwelling was capable of being let as a separate dwelling.

(5) Condition [F20 4] is not satisfied if the dwelling was acquired in pursuance of a contract made, or option created, before 1st April 1997.

(6) Condition [F22 5] is that—

(a) the dwelling was provided wholly or partly by means of a grant under section 18 or 27A of the Housing Act 1996 (c. 52), and

(b) when the grant was made the recipient was notified under section 16(4) of that Act that the dwelling was to be regarded as funded by means of such a grant.

Textual Amendments

F16 S. 181(2A) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 34(2); S.I. 2017/75, reg. 4

F17 Word in s. 181(3) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 34(3); S.I. 2017/75, reg. 4

F18 Words in s. 181(3)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 44(a)

F19 S. 181(3A) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 34(4); S.I. 2017/75, reg. 4

F20 Word in s. 181(4)(5) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 34(5); S.I. 2017/75, reg. 4

F21 Words in s. 181(4)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 44(b)

F22 Word in s. 181(6) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 34(6); S.I. 2017/75, reg. 4

Commencement Information

I4 S. 181 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

182 Interpretation: “remained in the social rented sector” E+W

(1) This section applies for the purposes of determining whether a dwelling has remained in the social rented sector.

(2) A dwelling shall be treated as having remained in the social rented sector for any period during which—

(a) the freeholder was a person within subsection (3), and

(b) each leaseholder was either a person within that subsection or an individual holding otherwise than under a long tenancy.

(3) A person is within this subsection if the person is—

(a) a [F23 private registered provider],

(b) a registered social landlord, or

(c) a public sector landlord.

(4) A dwelling provided wholly or partly by means of a grant under section 27A of the Housing Act 1996 shall also be treated as having remained in the social rented sector for any period during which it was used exclusively for permitted purposes by—

(a) the recipient of the grant, or

(b) any person treated as the recipient by virtue of section 27B of that Act.

(5) “Permitted purposes” are purposes for which the grant was made and any other purposes agreed by the Housing Corporation or the HCA.

(6) Where a lease of a dwelling has been granted to a former freeholder in pursuance of paragraph 3 of Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (mandatory leaseback to former freeholder on collective enfranchisement) the reference in subsection (1)(a) above to the freeholder shall be construed as a reference to the leaseholder under that lease.

Textual Amendments

F23 Words in s. 182(3)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 45

Commencement Information

I5 S. 182 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

183 Interpretation: other expressions E+W

(1) The definitions in this section apply to sections 180 to 182.

(2) The HCA gives “assistance” to a person if it—

(a) transfers housing or other land to the person,

(b) provides infrastructure to the person, or

(c) gives financial assistance to the person,

and for this purpose “infrastructure” has the same meaning as in Part 1.

(3) References to a “registered social landlord” are to a body which, at the time to which the reference relates, was a registered social landlord within the meaning of Part 1 of the Housing Act 1996 (c. 52) as it then had effect.

(4) “Leaseholder” does not include a mortgagee.

(5) “Long tenancy” has the same meaning as in Part V of the Housing Act 1985 (c. 68).

(6) A person provides a dwelling if the person—

(a) acquires, constructs, converts, improves or repairs housing or other land for use as a dwelling, or

(b) ensures such acquisition, construction, conversion, improvement or repair by another.

(7) “Public sector landlord” means anyone falling within section 80(1) of the Housing Act 1985.

Commencement Information

I6 S. 183 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

184 Right to acquire: supplemental E+W

(1) Section 17 of the Housing Act 1996 (right to acquire: supplemental) applies in relation to the right to acquire under section 180 of this Act with the modifications set out below.

(2) The modifications are as follows—

(a) references to the right to acquire under section 16 of the 1996 Act shall be treated as references to the right to acquire under section 180 of this Act,

(b) references to the Welsh Ministers shall be treated as references to the Secretary of State,

(c) the reference to registered social landlords shall be treated as a reference to [F24 private registered providers], and

(d) the reference to a resolution of the National Assembly for Wales shall be treated as a reference to a resolution of either House of Parliament.

Textual Amendments

F24 Words in s. 184(2)(c) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 46

Commencement Information

I7 S. 184 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

185 Right to acquire: consequential amendments E+W

(1) In section 16 of the Housing Act 1996 (right to acquire)—

(a) for subsection (1) substitute—

“(1) The tenant of a dwelling in Wales has a right to acquire the dwelling if—

(a) the landlord is a registered social landlord or a registered provider of social housing,

(b) the tenancy is—

(i) an assured tenancy, other than an assured shorthold tenancy or a long tenancy, or

(ii) a secure tenancy,

(c) the dwelling was provided with public money and has remained in the social rented sector, and

(d) the tenant satisfies any further qualifying conditions applicable under Part V of the Housing Act 1985 (the right to buy) as it applies in relation to the right conferred by this section.”,

(b) in subsection (2)(c) after “registered social landlord” insert “ or a registered provider of social housing ”, and

(c) in subsection (3)(a) and (b)(ii) after “registered social landlord” insert “ , a registered provider of social housing ”.

(2) In section 16A(1) (extension of section 16 to dwellings funded by grants under section 27A) after the first “dwelling” insert “ in Wales ”.

(3) In section 20 (purchase grant where right to acquire exercised)—

(a) in subsection (1) after “landlords” insert “ and registered providers of social housing ”, and

(b) in subsection (4) after “landlord” insert “ or registered provider of social housing ”.

(4) In section 21 (purchase grant in respect of other disposals)—

(a) in subsection (1)—

(i) after “landlords” insert “ and registered providers of social housing ”, and

(ii) after “dwellings” insert “ in Wales ”,

(b) in subsection (2)—

(i) after “section 16” insert “ or by section 180 of the Housing and Regeneration Act 2008 ”, and

(ii) for “landlord's” substitute “ landlord or provider (as the case may be) ”, and

(c) in subsection (4) after “landlord” insert “ or registered provider of social housing ”.

Commencement Information

I8 S. 185 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Miscellaneous E+W

186 Former registered providers E+W

Where a person ceases to be a [F25 private registered provider], sections 171 [F26 and 176 (apart from section 176(2))] continue to apply in respect of any property owned by the person at any time when it was registered.

Textual Amendments

F25 Words in s. 186 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 47

F26 Words in s. 186 substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 18; S.I. 2017/75, reg. 4

Commencement Information

I9 S. 186 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

F27 187 Change of use, etc. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 S. 187 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 19; S.I. 2017/75, reg. 4

188 Trustees E+W

Section 39 of the Settled Land Act 1925 (c. 18) (disposal by trustees: best price etc.) shall not apply to the disposal of land by a [F28 private registered provider].

Textual Amendments

F28 Words in s. 188 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 49

Commencement Information

I10 S. 188 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

189 Charities E+W

Nothing in this Chapter authorises a charity to effect a disposal which it would not otherwise have power to effect.

Commencement Information

I11 S. 189 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

Consents under other legislation E+W

F29 190 Consent to disposals under other legislation E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 S. 190 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 20; S.I. 2017/75, reg. 4

191 Section 190: consequential amendments E+W

(1) In section 171D of the Housing Act 1985 (consent to certain disposals of housing obtained subject to the preserved right to buy)—

(a) in subsection (2) (consent) for “Secretary of State” substitute “ appropriate authority ”, and

(b) after that subsection insert—

“(2A) “The appropriate authority” means—

(a) in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,

(b) in relation to any other disposal of land in England, the Secretary of State, and

(c) in relation to a disposal of land in Wales, the Welsh Ministers.”

(2) In section 81 of the Housing Act 1988 (consent to certain disposals of housing obtained from housing action trusts)—

(a) in subsection (3) (consent) for “Secretary of State” substitute “ appropriate authority ”,

(b) after that subsection insert—

“(3A) In this section “the appropriate authority” means—

(a) in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,

(b) in relation to any other disposal of land in England, the Secretary of State, and

(c) in relation to a disposal of land in Wales, the Welsh Ministers.”,

(c) in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,

(d) in subsection (5)(a) for “himself” substitute “ itself ”, and

(e) omit subsection (6) (consultation of Housing Corporation).

(3) In section 133 of that Act (consent to certain disposals of housing obtained from local authorities)—

(a) in subsection (1) (consent) for “Secretary of State” substitute “ appropriate authority ”,

(b) after that subsection insert—

“(1ZA) In this section “the appropriate authority” means—

(a) in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,

(b) in relation to any other disposal of land in England, the Secretary of State, and

(c) in relation to a disposal of land in Wales, the Welsh Ministers.”,

(c) after subsection (1A) insert—

“(1B) This section does not apply to a disposal of land by a registered provider of social housing unless the land is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.”,

(d) in subsection (3)(c) (modification of certain provisions applied for the purposes of section 133) after “this section,” insert “ any reference to the appropriate national body shall be construed as a reference to the appropriate authority and ”,

(e) in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,

(f) in subsection (5)(a) for “himself” substitute “ itself ”, and

(g) omit subsection (6) (consultation of Housing Corporation).

(4) In section 173 of the Local Government and Housing Act 1989 (c. 42) (consent to certain disposals of housing obtained from new town corporations)—

(a) in subsection (1)(a) (consent) for “Secretary of State” substitute “ appropriate authority ”,

(b) after subsection (1) insert—

“(1A) In this section “the appropriate authority” means—

(a) in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,

(b) in relation to any other disposal of land in England, the Secretary of State, and

(c) in relation to a disposal of land in Wales, the Welsh Ministers.”,

(c) in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,

(d) in subsection (5)(a) for “himself” substitute “ itself ”, and

(e) omit subsection (6) (consultation of Housing Corporation).

Commencement Information

I12 S. 191 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)