Part II Housing Association Finance

Miscellaneous

69 Power to vary or terminate certain agreements with housing associations.

(1)

This section applies to agreements of the following descriptions—

(a)

an agreement for a loan to a housing association by the Housing Corporation under section 2 of the M1Housing Act 1964 F1F2(including such an agreement under which rights and obligations have been transferred to Housing for Wales F3and then to the Secretary of State);F1under which rights and obligations have been transferred to the Regulator of Social Housing;

(b)

an agreement which continues in force under Part I of Schedule 4 (arrangements with local authority for the provision or improvement of housing);

(c)

an agreement to which Part II of Schedule 4 applies (subsidy agreements with local authorities);

(d)

an agreement which continues in force under Part III of Schedule 4 (special arrangements with the Secretary of State);

F4(e)

an agreement for a loan or grant to a housing association under section 58(2) or 59(2) (financial assistance by local authorities);

(f)

a scheme which continues in force under Part V of Schedule 5 (schemes for unification of grant conditions).

F5F6(g)

an agreement for a loan or grant to a registered housing association under section 24 of the Local Government Act 1988 (power to provide financial assistance for privately let housing accommodation).

(2)

F7If any person (other than the Secretary of State) who is a party to an agreement to which this section applies makes an application to the Secretary of State, he may, if he thinks fit, direct—

(a)

that the agreement shall have effect with such variations, determined by him or agreed by the parties, as may be specified in the direction, or

(b)

that the agreement shall be terminated.

F8and where the Secretary of State is a party to such an agreement, he may agree that it shall have effect with any variations or that it shall be terminated.

F9F10(2A)

In the case of an agreement under which rights and obligations have been transferred to Housing for Wales F11and then to the Secretary of State, the reference to a party to the agreement includes a reference to F12the Secretary of State.

F13(2B)

In the case of an agreement under which rights and obligations have been transferred to the Regulator of Social Housing, the reference to a party to the agreement includes a reference to the Regulator of Social Housing.

(3)

No variation shall be directed under subsection (2) which would have the effect of including in an agreement a term—

(a)

limiting the aggregate amount of rents payable in respect of dwellings to which the agreement relates or contributions towards the cost of maintaining such dwellings, or

(b)

specifying a limit which the rent of a dwelling is not to exceed.

This subsection does not extend to Scotland.

(4)

No variation shall be directed under subsection (2) which would have the effect of including in an agreement a term relating to the rent payable in respect of a house to which the agreement relates or contributions towards the cost of maintaining such a house.

This subsection extends to Scotland only.