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7(1)The landlord condition is, subject to [F1paragraph 7A and to] any order under paragraph 8, that the interest of the landlord belonged to, or to a predecessor of—
a local authority,
a new town corporation,
[F2 a housing action trust]
the Development Board for Rural Wales,
an urban development corporation,
the [F3Corporation],
a registered housing association which is not a co-operative housing association,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4,
or to, or to a predecessor of, an authority or other body falling within sub-paragraph (2) or (3) (corresponding authorities and bodies in Scotland and Northern Ireland),
(2)The corresponding authorities and bodies in Scotland are—
a regional, islands or district council,
a joint board or joint committee of such a council,
the common good of such a council or a trust under its control,
a development corporation established by an order made or having effect as if made under the M1New Towns (Scotland) Act 1968,
[F5the Scottish Special Housing Association]
[F5Scottish Homes],
a housing association which falls within [F6section 61(2)(a)(vi) of the Housing (Scotland) Act 1987] but is not a registered society within the meaning of section [F645] of that Act, and
F7. . .
(3)The corresponding authorities and bodies in Northern Ireland are—
a district council within the meaning of the M2Local Government Act (Northern Ireland) 1972,
the Northern Ireland Housing Executive, and
a registered housing association within the meaning of Chapter II of Part II of the M3Housing (Northern Ireland) Order 1983.
Textual Amendments
F1Words in Sch. 4 para. 7(1) inserted (17.8.1992) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 40(3)(a); S.I. 1992/1753, art.2(2) (subject to a restriction in Sch. para. 5)
F2Entry inserted by Housing Act 1988 (c. 50, SIF 61) s. 83(7)
F3Word substituted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. II para. 106
F4Words repealed by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2)(3), Sch. 5 Pt. II para. 40(3)(a), Sch. 12 Pt. I
F5In Sch. 4 para. 7(2) for the reference to the Scottish Special Housing Association there is substituted a reference to Scottish Homes by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3(3), Sch. 2 para. 1
F6By Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 30(4)(a)(which by s. 340(3) is expressed to extend to Scotland only) it is provided that in para. 7(2) in the definition of “housing association”, for “paragraph (e) of section 10(2) of the Tenants' Rights, Etc. (Scotland) Act 1980” and “11” there are substituted (S.) “section 61(2)(a)(vi) of the Housing (Scotland) Act 1987” and “45” respectively
F7Words in Sch. 4 para. 7(2) repealed (17.8.1992) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 40(3)(b); S.I. 1992/1753, art.2(2) (with restriction in Sch. para. 5)
Modifications etc. (not altering text)
C1Sch. 4 para. 7(1) explained by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 5(1), Sch. 3 para. 5(3)
Sch. 4 para. 7(1) modified (17.8.1992) by S.I. 1992/1709, reg. 2(b)
C2In Sch. 4 para. 7(2) for the reference to the Scottish Special Housing Association there is substituted a reference to Scottish Homes by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3(3), Sch. 2 para. 1
Marginal Citations
[F87A(1)The landlord condition shall be treated as having been satisfied in the case of a dwelling-house comprised in a housing co-operative agreement made—
(a)in England and Wales, by a local housing authority, new town corporation or the Development Board for Rural Wales, or
(b)in Scotland, by an islands or district council,
if the interest of the landlord belonged to the housing co-operative.
(2)In sub-paragraph (1) “housing co-operative agreement” and “housing co-operative”—
(a)as regards England and Wales have the same meaning as in section 27B (agreements with housing co-operatives under superseded provisions), and
(b)as regards Scotland mean an agreement made under section 5 of the Housing Rents and Subsidies (Scotland) Act 1975 and a housing co-operative within the meaning of that section.]
Textual Amendments
F8Sch. 4 para. 7A inserted (17.8.1992) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 40(4); S.I. 1992/1753, art.2(2) (subject to a restriction in Sch. para. 5)
Valid from 01/12/2008
[F97BE+WThe landlord condition shall be treated as having been satisfied in the case of a dwelling-house let under a tenancy falling within section 80(2A) to (2E) at any time if, at that time, the interest of the landlord belonged to—
(a)the Homes and Communities Agency, or
(b)the Welsh Ministers.]
Textual Amendments
F9Sch. 4 para. 7B inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 31(3) (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)
8(1)The landlord condition shall also be treated as having been satisfied, in such circumstances as may be prescribed for the purposes of this paragraph by order of the Secretary of State, if the interest of the landlord belonged to a person who is so prescribed.E+W
(2)An order under this paragraph—
(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.