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Local Government and Housing Act 1989
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Changes to legislation:
Local Government and Housing Act 1989, Paragraph 106 is up to date with all changes known to be in force on or before 25 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 1(1C) inserted by 2024 asc 5 s. 65(2)(c)
- s. 1(13) inserted by 2024 asc 5 s. 65(2)(d)
- s. 2(1C) inserted by 2024 asc 5 s. 65(3)(a)
- s. 2(10D)(10E) inserted by 2024 asc 5 s. 65(3)(b)
- s. 65(2)(b)(ii) inserted by 2004 c. 23 Sch. 2 para. 11 (Pt. IV repealed (18.11.2003 for E. for the repeal of ss. 45, 53, 27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1st April 2004, and 1.4.2004 for E. in so far as not already in force) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 29; S.I. 2003/2938, arts. 3(h), 7(b) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I (with Sch. 2 para. 2))
- s. 76A 76B inserted by 2014 c. 29 s. 24(2)
- s. 87(1A) inserted by 2014 c. 29 s. 24(5)
- Sch. 10 para. 5(4A) inserted by 2024 c. 22 Sch. 9 para. 8(b)
- Sch. 10 para. 5(4)(a)(b) and words substituted for words by 2024 c. 22 Sch. 9 para. 8(a)
106(1)In section 38 of that Act (transfer of existing tenancies from public to private sector) at the beginning of subsection (3) there shall be inserted “ Subject to subsections (4) and (4A) below ”.E+W+S
(2)In subsection (4) of that section (special provisions for tenancies held of a new town corporation) after the words “Housing Act 1985” there shall be inserted “ and which subsequently ceases to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981 ”.
(3)After subsection (4) of that section there shall be inserted the following subsection—
“(4A)Where, by virtue of a disposal falling within subsection (4) above and made before the date which has effect by virtue of paragraph (a) or paragraph (b) of that subsection, the interest of the landlord under a tenancy passes to a registered housing association, then, notwithstanding anything in subsection (3) above, so long as the tenancy continues to be held by a body which would have been specified in subsection (1) of section 80 of the Housing Act 1985 if the repeal of provisions of that section effected by this Act had not been made, the tenancy shall continue to be a secure tenancy and to be capable of being a housing association tenancy.”
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