(1)A disposition by an unregistered housing association which is a charity is not within section 9 if by virtue of [F1sections 36 and 38 of the Charities Act 1993] it cannot be made without an order of the court or the Charity Commissioners; but [F2before making an order in such a case the Charity Commissioners shall consult,—
(a)in the case of dispositions of land in England, the Housing Corporation;
(b)in the case of dispositions of land in Scotland, Scottish Homes; and
(c)in the case of dispositions of land in Wales, Housing for Wales.]
(2)A letting by a registered housing association, or 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 [F3Schedule 1 to the Housing Act 1985] or [F4paragraphs 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) [F5or
(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, or
(e)a letting of land in Scotland under what would be an assured tenancy but for any of paragraphs 3 to 8 and 12 of Schedule 4 to the Housing (Scotland) Act 1988.]
(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.
Textual Amendments
F1Words in s. 10(1) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1), Sch. 6 para. 21(2).
F2Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 8(1)
F3Words beginning “Schedule 1” substituted (E.W.) (retrospectively1.4.1986) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 10(6)(9)
F4Words “1 to 8 of Schedule 2 to the Housing (Scotland) Act 1987” substituted by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72, Sch. 9 para. 6(a) and “paragraphs 1 to 8 of Schedule 2 to the Housing (Scotland) Act 1987”substituted (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 31(2)
F5 “or” and s. 10(2)(c)–(e) inserted by Housing Act 1988 (c. 50, SIF 61), s. 59(2)(3)(4), Sch. 6 Pt. I para. 8(2)