Rent Act 1977

15 Landlord's interest belonging to housing association, etc.

(1) A tenancy in respect of which any of the conditions specified in subsection (4) below is fulfilled shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to a housing association falling within subsection (3) below ; nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would belong at that time to such a housing association.

(2) A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to—

(a) the Housing Corporation; or

(b) a housing trust which is a charity within the meaning of the [1960 c. 58.] Charities Act 1960;

nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would belong at that time to any of those bodies.

(3) A housing association falls within this subsection if—

(a) it is for the time being registered in the register of housing associations established under section 13 of the [1974 c. 44.] Housing Act 1974 ; or

(b) it has made an application to the Housing Corporation, before 1st April 1975, for registration in that register and the application has not been disposed of by the Corporation; or

(c) it is for the time being specified in an order made by the Secretary of State under section 80 of the [1972 c. 47.] Housing Finance Act 1972 or paragraph 23 of Schedule 1 to the [1975 c. 6.] Housing Rents and Subsidies Act 1975; or

(d) it is a registered society within the meaning of section 74 of the [1965 c. 12.] Industrial and Provident Societies Act 1965 and its rules restrict membership to persons who are tenants or prospective tenants of the association and preclude the granting or assignment of tenancies to persons other than members.

In this subsection " housing association" has the same meaning as in section 189(1) of the [1957 c. 56.] Housing Act 1957.

(4) The conditions referred to in subsection (1) above are—

(a) that the dwelling-house was provided by the housing association with assistance under section 2 of the [1923 c. 24.] Housing &c. Act 1923, section 93(3) of the [1936 c. 51.] Housing Act 1936 or section 119(3) of the Housing Act 1957 (powers of local authorities to assist housing associations generally);

(b) that the dwelling-house was provided by the housing association in pursuance of an arrangement under section 29 of the [1930 c. 39.] Housing Act 1930, section 27 of the [1935 c. 40.] Housing Act 1935, section 94 of the Housing Act 1936, or section 120 of the Housing Act 1957 (local authority arrangements for provision of housing);

(c) that the dwelling-house was provided or improved by the housing association in accordance with arrangements under section 31 of the [1949 c. 60.] Housing Act 1949 or section 121 of the [1957 c. 56.] Housing Act 1957 (local authority arrangements for improvement of housing);

(d) that the dwelling-house was comprised in a scheme approved for the purpose of section 75 of the [1972 c. 47.] Housing Finance Act 1972;

(e) that the dwelling-house was comprised in a housing project approved for the purposes of section 29 of the [1974 c. 44.] Housing Act 1974;

(f) that the housing association is a registered society within the meaning of section 74 of the [1965 c. 12.] Industrial and Provident Societies Act 1965 and the provision of the dwelling-house forms part of the purposes for which its business is mainly conducted.

(5) In subsection (2) above " housing trust" means a corporation or body of persons which—

(a) is required by the terms of its constituent instrument to devote the whole of its funds, including any surplus which may arise from its operations, to the following purposes, that is to say, the provision of houses for persons the majority of whom are in fact members of the working classes, and other purposes incidental thereto; or

(b) is required by the terms of its constituent instrument to devote the whole or substantially the whole of its funds to charitable purposes and in fact devotes the whole or substantially the whole of its funds to the purposes set out in paragraph (a) of this subsection.

(6) In subsection (5) above " house " includes—

(a) any yard, garden, outhouses and appurtenances belonging thereto or usually enjoyed therewith; and

(b) any part of a building which is occupied or intended to be occupied as a separate dwelling.