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Housing and Regeneration Act 2008

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Changes over time for: Cross Heading: Regulator's consent

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Version Superseded: 01/04/2012

Status:

Point in time view as at 01/07/2011.

Changes to legislation:

Housing and Regeneration Act 2008, Cross Heading: Regulator's consent is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Regulator's consentE+W

172Requirement of consentE+W

(1)Disposal of a dwelling by a [F1private registered provider] requires the regulator's consent if the dwelling is social housing.

(2)The regulator shall not consent to a disposal by a non-profit registered provider which it thinks is being made with a view to enabling the provider to distribute assets to members.

(3)Consent is not required under this section if the disposal falls within an exception listed in section 173.

Textual Amendments

Commencement Information

I1S. 172 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

173ExceptionsE+W

(1)This section lists exceptions to the requirement of consent in section 172.

(2)Exception 1 is that consent is not required for disposal by a registered provider by way of—

(a)an assured tenancy,

(b)an assured agricultural occupancy,

(c)an arrangement that would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8, 12(1)(h) and 12ZA to 12B of Schedule 1 to the Housing Act 1988 (c. 50) (exclusions),

(d)a secure tenancy, or

(e)an arrangement that would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the Housing Act 1985 (c. 68) (exclusions).

(3)Exception 2 is that consent is not required for a disposal for which consent is required under—

(a)section 81 or 133 of the Housing Act 1988, or

(b)section 173 of the Local Government and Housing Act 1989 (c. 42).

(4)Exception 3 is that consent is not required for a disposal under Part V of the Housing Act 1985 (right to buy).

(5)Exception 4 is that consent is not required for a disposal in pursuance of a tenant's right to acquire under—

(a)section 180, or

(b)section 16 of the Housing Act 1996 (c. 52) (tenant's right to acquire social housing in Wales).

Commencement Information

I2S. 173 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

174ProcedureE+W

(1)Consent may be—

(a)general, or

(b)specific (whether as to particular registered providers, as to particular property, as to particular forms of disposal or in any other way).

(2)Consent may be retrospective.

(3)Consent may be expressed by reference to a policy for disposals submitted by a registered provider.

(4)Consent may be conditional.

(5)Before giving consent the regulator must consult—

(a)the HCA,

(b)one or more bodies appearing to it to represent the interests of [F2private registered providers],

[F3(ba)any body for the time being nominated under section 278A,]

and

(c)one or more[F4other] bodies appearing to it to represent the interests of tenants.

(6)Subsection (5) does not apply to specific consent relating only to one or more particular registered providers or properties.

Textual Amendments

Commencement Information

I3S. 174(1)-(4) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I4S. 174(5)(6) in force at 8.9.2008 by S.I. 2008/2358, art. 3(1) (with art. 3(3)(4))

175Disposal without consentE+W

(1)A purported disposal by a [F5private registered provider] is void if—

(a)it requires the regulator's consent, and

(b)the regulator has not given consent.

(2)But subsection (1) does not apply to a disposal by a non-profit registered provider to one or more individuals (“the buyer”) if—

(a)the disposal is of a single dwelling, and

(b)the registered provider reasonably believes at the time of the disposal that the buyer intends to use the property as the buyer's principal residence.

Textual Amendments

Commencement Information

I5S. 175 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

176Notification where disposal consent not requiredE+W

(1)If a non-profit registered provider disposes of land other than a dwelling which is social housing it shall notify the regulator as soon as is reasonably practicable.

(2)The regulator may give a direction dispensing with the notification requirement.

(3)Section 174(1) and (3) to (6) applies to a direction under this section as it applies to consent under section 172.

Commencement Information

I6S. 176 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

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