Housing and Regeneration Act 2008

275 General E+W

In this Part, except where the context requires otherwise—

• “action” includes inaction, proposed action and decision,

• “assured agricultural occupancy” has the same meaning as in Part 1 of the Housing Act 1988,

• “assured tenancy” has the same meaning as in that Part,

• “the Charity Commission” means the Charity Commission for England and Wales,

• “committee”, in relation to [F1 a registered society], means the committee of management or other directing body of the society (including any person co-opted to serve on the committee, whether a member of the society or not),

• “consent” means written consent,

• “constitution” includes rules,

• [F2 “contract-holder” has the meaning given in section 7 (see also section 48) of the Renting Homes (Wales) Act 2016 (anaw 1),]

• “conveyance” includes grant, assignment and any other instrument,

• “district valuer” has the meaning given by section 622 of the Housing Act 1985 (c. 68),

• “dwelling”—

  (a)

  means a house, flat or other building or part of a building occupied or intended to be occupied as a separate dwelling, and

  (b)

  includes any garden, yard, outhouse or other appurtenance belonging to, or usually enjoyed with, the dwelling,

• “the HCA” means the Homes and Communities Agency,

• [F3 “housing ombudsman” means a housing ombudsman appointed in accordance with a scheme approved under Schedule 2 to the Housing Act 1996,]

• F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F5 “local authority” means—

  (a)

  the council of a county in England,

  (b)

  a district council,

  (c)

  a London borough council,

  (d)

  the Common Council of the City of London, or

  (e)

  the Council of the Isles of Scilly;]

• “local housing authority” has the same meaning as in the Housing Act 1985,

• “maintenance” includes repair,

• [F6 “mismanagement”, in relation to the affairs of a registered provider, means managed in breach of any legal requirements (imposed by or under an Act or otherwise);]

• “non-registrable charity” means a charity which is not required to be registered, in accordance with [F7 section 30 of the Charities Act 2011,]

• “notice” means written notice (and to “notify” means to give written notice),

• [F2 “occupation contract” has the meaning given in section 7 of the Renting Homes (Wales) Act 2016,]

• [F8 "preferential creditor", "preferential debt”, “ordinary preferential debt”[F9 , “ordinary non-preferential debt”, “secondary preferential debt”, “secondary non-preferential debt”, “tertiary non-preferential debt” and “relevant financial institution”]] have the same meaning as in the Insolvency Act 1986 (c. 45),

• “price” includes premium,

• “registered charity” means a charity registered under [F10 the Charities Act 2011,]

• “registered company” means a company within the meaning of the Companies Act 2006 (c. 46),

• [F11 “registered society” has the same meaning as in the Co-operative and Community Benefit Societies Act 2014,]

• “rent” includes payments under a licence to occupy accommodation,

• “representations” means written representations,

• “secure tenancy” has the same meaning as in Part 4 of the Housing Act 1985 (c. 68),

• “secured creditor” means a creditor who holds a mortgage or charge (including a floating charge) over—

  (a)

  land held by a registered provider, or

  (b)

  a present or future interest of a registered provider in rents or other receipts from land,

• “tenant” in relation to social housing includes other occupiers, and

• F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Act substituted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by Co-operative and Community Benefit Societies Act 2014 (c. 14), Sch. 4 para. 122 (with Sch. 5)

F2 Words in s. 275 inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 29(4)

F3 Words in s. 275 inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 5(5), 46(3); S.I. 2023/1001, reg. 2(d)

F4 Words in s. 275 omitted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by virtue of Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 136(a) (with Sch. 5)

F5 Words in s. 275 substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 42; S.I. 2023/1001, reg. 2(y)(xii)

F6 Words in s. 275 substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 38; S.I. 2017/75, reg. 4

F7 Words in s. 275 substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 135(a) (with s. 20(2), Sch. 8)

F8 Words in s. 275 substituted (1.1.2015) by The Banks and Building Societies (Depositor Preference and Priorities) Order 2014 (S.I. 2014/3486), arts. 1(2), 30(3) (with art. 3)

F9 Words in s. 275 substituted (19.12.2018) by The Banks and Building Societies (Priorities on Insolvency) Order 2018 (S.I. 2018/1244), arts. 1(2), 40(3) (with art. 3)

F10 Words in s. 275 substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 135(b) (with s. 20(2), Sch. 8)

F11 Words in s. 275 inserted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 136(b) (with Sch. 5)

F12 Words in s. 275 omitted (5.7.2018) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 6 para. 9; S.I. 2018/805, reg. 3(c) (with reg. 4)

Modifications etc. (not altering text)

C1 S. 275 modified (28.12.2020 until IP completion day when the amending provision ceases to have effect in accordance with reg. 1(4) of the amending S.I.) by The Bank Recovery and Resolution (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1350), regs. 1(4), 124(b) (with reg. 108)

Commencement Information

I1 S. 275 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I2 S. 275 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)