Part I Regulation of Housing Associations
Disposal of land
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39F2Control of disposals by unregistered housing associations
F4(1)
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F5(1A)
Subject to section 10, the consent of F6the relevant regulator is required for any disposition of grant-aided land (as defined in Schedule 1) by an unregistered housing association; and for this purpose “F6the relevant regulator” means,—
F7(a)
if the land is in England, the Regulator of Social Housing, and
(b)
if the land is in Wales, the Welsh Ministers.
(2)
F8Consent under this section may be so given—
(a)
generally to all housing associations or to a particular housing association or description of association;
(b)
in relation to particular land or in relation to a particular description of land;
and may be given subject to conditions.
(3)
A disposition by a housing association which requires F9consent under this section is valid in favour of a person claiming under the association notwithstanding that F9that consent has not been given; and a person dealing with the association, or with a person claiming under the association, shall not be concerned to see or inquire whether any such consent has been given.
This subsection has effect subject to section 12 (avoidance of certain dispositions of houses without consent).
F10(4)
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(5)
For the purposes of this section “disposition” means sale, lease, mortgage, charge or any other disposal.
F11(6)
Consent under this section must be in writing.
F1210 Dispositions excepted from s. 9.
(1)
A disposition by an unregistered housing association which is a charity is not within section 9 if by virtue of F13sections 36 and 38 of the Charities Act 1993 it cannot be made without an order of the court or the F14Charity Commission; but F15before making an order in such a case the F14Charity Commission shall consult,—
F16(a)
in the case of dispositions of land in England, the Regulator of Social Housing, and
(b)
in the case of dispositions of land in Wales, the Welsh Ministers.
(2)
A letting F17... by an unregistered housing association which is a housing trust, is not within section 9 if it is—
(a)
a letting of land under a secure tenancy, or
(b)
a letting of land under what would be a secure tenancy but for any of paragraphs 2 to 12 of F18Schedule 1 to the Housing Act 1985 or F19paragraphs 1 to 8 of Schedule 2 to the Housing (Scotland) Act 1987 (tenancies excepted from being secure tenancies for reasons other than that they are long leases) F20or
(c)
a letting of land under an assured tenancy or an assured agricultural occupancy, or
(d)
a letting of land in England or Wales under what would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8 of Schedule 1 to the Housing Act 1988, F21...
F21(e)
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(3)
The grant by an unregistered housing association which does not satisfy the landlord condition in section 80 of the Housing Act 1985 (bodies which are capable of granting secure tenancies) of a lease for a term ending within the period of seven years and three months beginning on the date of the grant is not within section 9 unless—
(a)
there is conferred on the lessee (by the lease or otherwise) an option for renewal for a term which, together with the original term, would expire outside that period, or
(b)
the lease is granted wholly or partly in consideration of a fine.
(4)
In subsection (3) the expression “lease” includes an agreement for a lease and a licence to occupy, and the expressions “grant” and “term” shall be construed accordingly.
F2211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2312Avoidance of certain disposals of houses without consent.
A disposal of a house by a housing association made without the consent required by section 9 is void unless—
(a)
the disposal is to an individual (or to two or more individuals), and
(b)
the disposal does not extend to any other house.