The New Towns (Transfer of Housing Stock) Regulations 1990

Disposal to approved persons or the authority

12.—(1) This regulation applies in relation to any dwellings where the authority and an approved person have both given the notice in reply referred to in regulation 11(2) indicating a wish to acquire, and where (subject to paragraph (4)) neither have subsequently indicated that they are not prepared to acquire under these Regulations the dwellings to which their notice in reply relates.

(2) Where this regulation applies, the corporation shall in accordance with regulation 13 consult each of the tenants of the dwellings as to whether the tenant wishes his dwelling to be transferred to the authority or the approved person, and thereafter (subject to section 172(4) of the 1989 Act, to the agreement of the transferee to the terms of the transfer and, in relation to blocks of flats, to the imposition of the condition described in paragraph (3) if so required by that paragraph)—

(a) each block of flats and each group of sheltered housing shall be transferred to the person for whom the majority of tenants who registered a vote voted; and

(b) each dwelling which is not within one of the descriptions mentioned in sub-paragraph (a) and whose tenant registered a vote shall be transferred to the person for whom the tenant voted; and

(c) each dwelling which did not have a tenant, whose tenant did not vote or (as the case may be) each block or group in respect of which there is a tie in the votes referred to in sub-paragraph (a) shall be transferred to the authority or the approved person as determined by the corporation after taking account of good housing management practice.

(3) Where a flat—

(a) is included in a block of flats which does not include sheltered housing and of which the fee simple or a lease having more than 50 years unexpired at the time of transfer is vested in the corporation; and

(b) of which the tenant does not have a long tenancy; and

(c) of which the tenant voted in the consultation for a transfer to a person other than the transferee of the block,

the corporation shall impose the condition that the transferee shall immediately after the transfer grant a lease of the flat to the person for whom that tenant voted subject to that other person’s agreement, and such a lease shall contain terms determined by the corporation in accordance with good housing management practice.

(4) If, after the consultation required by paragraph (2), the authority indicate that they are not prepared to acquire under these Regulations the dwellings to which their notice in reply relates, this regulation shall continue to apply insofar as, under paragraph (2), the disposal of a dwelling is to be made to the approved person.