The New Towns (Transfer of Housing Stock) Regulations 1990

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1989 Act” means the Local Government and Housing Act 1989;

“approved person” means a person approved in accordance with regulation 5;

“authority”, in relation to any dwelling, means the district council within whose district that dwelling is situated;

“block of flats” means a building—

(a)

containing two or more flats; and

(b)

occupied or intended to be occupied wholly or mainly for residential purposes;

“final valuation” means a valuation prepared under regulation 17(1)(b);

“hostel” means a building which is not sheltered housing and in which is provided, for persons generally or for a class or classes of persons—

(a)

either—

(i)

residential accommodation otherwise than in separate and self-contained sets of premises, or

(ii)

residential accommodation with communal facilities which include the services of a resident warden and the use of a common room which is within or in close proximity to the building, and

(b)

either board or facilities for the preparation of food adequate to the needs of those persons, or both;

“housing stock” does not include—

(a)

any property, rights, liabilities and obligations associated with dwellings within the meaning of section 172(9) of the 1989 Act which, taking account of good property management practice and any proposals there may be to dispose of any property vested in the new town corporation other than their housing stock, ought reasonably to be excluded from disposal under these Regulations; or

(b)

liabilities and obligations under Part V of the Housing Act 1985(1) which, apart from any provision in regulations made under section 172 of the 1989 Act, would not be capable of being assigned or transferred by the corporation;

“initial valuation” means a valuation prepared under regulation 17(1)(a);

“long tenancy” has the meaning given in section 115 of the Housing Act 1985(2);

“relevant property” means the property, rights, liabilities and obligations which are within the housing stock of a new town corporation and which are (within the meaning of section 172(9) of the 1989 Act) associated with the dwellings comprised in that stock;

“retained dwellings” has the meaning given in regulation 4;

“sheltered housing” means dwellings within paragraph 7, 9 or 10 of Schedule 5 to the Housing Act 1985; and

“tenant”, in relation to a dwelling, means a person holding either a tenancy of the dwelling or a licence to occupy the dwelling as a dwelling, in either case granted by a new town corporation.

(2) Any reference in these Regulations to the transfer of dwellings includes a reference to the transfer with them of any relevant property which relates to those dwellings and which, in accordance with proposals made by the new town corporation under regulation 3, is to be transferred with them.

(3) Any notice under these Regulations shall be in writing and may be served or given in accordance with section 75 of the New Towns Act 1981(3).

(1)

1985 c. 68.

(2)

Section 115 was amended by paragraph 40 of Schedule 17 to the Housing Act 1988 (c. 50).

(3)

1981 c. 64.