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Housing and Regeneration Act 2008, Chapter 5 is up to date with all changes known to be in force on or before 30 August 2024. 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Textual Amendments
F1Words in Pt. 2 Ch. 5 inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 34
Modifications etc. (not altering text)
C1Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
This Chapter makes provision about the disposal of property by [F2private registered providers].
Textual Amendments
F2Words in s. 170 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 35
Commencement Information
I1S. 170 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)A [F3private registered provider] may dispose of land.
(2)But a non-profit registered provider may dispose of the landlord's interest under a secure tenancy only to another non-profit registered provider [F4or to a local authority which is a registered provider].
(3)Subsection (1) is subject to the following provisions of this Chapter F5....
Textual Amendments
F3Words in s. 171(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 36(a)
F4Words in s. 171(2) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 36(b)
F5Words in s. 171(3) omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 13; S.I. 2017/75, reg. 4
Commencement Information
I2S. 171 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
Textual Amendments
F6S. 172 cross-heading substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 14; S.I. 2017/75, reg. 4
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Textual Amendments
F7Ss. 172-175 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 15; S.I. 2017/75, reg. 4 (with reg. 6)
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Textual Amendments
F7Ss. 172-175 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 15; S.I. 2017/75, reg. 4 (with reg. 6)
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Textual Amendments
F7Ss. 172-175 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 15; S.I. 2017/75, reg. 4 (with reg. 6)
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Textual Amendments
F7Ss. 172-175 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 15; S.I. 2017/75, reg. 4 (with reg. 6)
(1)If a private registered provider disposes of a dwelling that is social housing it must notify the regulator.
(2)If a non-profit registered provider disposes of land other than a dwelling it must notify the regulator.
(3)Subsection (1) continues to apply to any land of a private registered provider even if it has ceased to be a dwelling.
(4)The regulator may give directions about—
(a)the period within which notifications under subsection (1) or (2) must be given;
(b)the content of those notifications.
(5)The regulator may give directions dispensing with the notification requirement in subsection (1) or (2).
(6)A direction under this section 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).
(7)A direction dispensing with a notification requirement—
(a)may be expressed by reference to a policy for disposals submitted by a registered provider;
(b)may include conditions.
(8)The regulator must make arrangements for bringing a direction under this section to the attention of every registered provider to which it applies.]
Textual Amendments
F8S. 176 substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 16; S.I. 2017/75, reg. 4
Textual Amendments
F9S. 177 cross-heading omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 33(b); S.I. 2017/75, reg. 4 (with reg. 7)
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Textual Amendments
F10Ss. 177, 178 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 33(a); S.I. 2017/75, reg. 4 (with reg. 7)
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Textual Amendments
F10Ss. 177, 178 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 33(a); S.I. 2017/75, reg. 4 (with reg. 7)
Textual Amendments
F11S. 179 and cross-heading omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 17; S.I. 2017/75, reg. 4
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(1)The tenant of a dwelling in England has a right to acquire the dwelling if—
(a)the landlord is a [F12private registered provider] or a registered social landlord,
(b)the tenancy is within subsection (2),
(c)the provision of the dwelling was publicly funded,
(d)the dwelling has remained in the social rented sector ever since that provision, and
(e)the tenant satisfies any qualifying conditions applicable under Part V of the Housing Act 1985 (c. 68) (as it applies by virtue of section 184).
(2)A tenancy is within this subsection if it is—
(a)an assured tenancy, other than F13... a long tenancy, or
(b)a secure tenancy.
[F14(2A)The Secretary of State may by regulations provide that an assured shorthold tenancy of a description specified in the regulations is not a tenancy within subsection (2).]
(3)The reference in subsection (1)(a) to a [F15private registered provider] includes—
(a)a person who provided the dwelling in fulfilment of a condition imposed by the HCA when giving assistance to the person;
(b)a person who provided the dwelling wholly or partly by means of a grant under section 27A of the Housing Act 1996 (c. 52).
Textual Amendments
F12Words in s. 180(1)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 43(a)
F13Words in s. 180(2)(a) repealed (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 165(2), 240(2), Sch. 25 Pt. 23 (with s. 165(4)); S.I. 2012/57, art. 4(1)(r) (with arts. 6 7 9-11); S.I. 2012/628, art. 6(c) (with arts. 9 11 14 15 17)
F14S. 180(2A) inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 165(3), 240(2) (with s. 165(4)); S.I. 2012/57, art. 4(1)(r) (with arts. 6 7 9-11); S.I. 2012/628, art. 6(c) (with arts. 9 11 14 15 17)
F15Words in s. 180(3) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 43(b)
Modifications etc. (not altering text)
C2S. 180(2) restricted (E.) (1.4.2012) by The Transfer of Tenancies and Right to Acquire (Exclusion) Regulations 2012 (S.I. 2012/696), regs. 1(1), 4
Commencement Information
I3S. 180 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)The provision of a dwelling was publicly funded if any of the following conditions is satisfied.
(2)Condition 1 is that—
(a)the dwelling was provided by a person in fulfilment of a condition imposed by the HCA when giving assistance to the person, and
(b)before giving the assistance the HCA notified the person that if it did so the provision of the dwelling would be regarded as publicly funded.
[F16(2A)Condition 2 is that—
(a)the dwelling was provided wholly or partly by a person using an amount for purposes for which the amount was required to be used by an HCA direction under section 32(4), and
(b)before giving the direction the HCA notified the person that any dwelling so provided would be regarded as publicly funded.]
(3)Condition [F173] is that the dwelling was provided wholly or partly by using sums in the disposal proceeds fund of—
(a)a [F18private registered provider], or
(b)a registered social landlord.
[F19(3A)In relation to a private registered provider, the reference in subsection (3) to its disposal proceeds fund is to its disposal proceeds fund before the abolition of that fund by Part 3 of Schedule 4 to the Housing and Planning Act 2016.]
(4)Condition [F204] is that —
(a)the dwelling was acquired by a [F21private registered provider], or a registered social landlord, on a disposal by a public sector landlord,
(b)the disposal was made on or after 1st April 1997, and
(c)at the time of the disposal the dwelling was capable of being let as a separate dwelling.
(5)Condition [F204] is not satisfied if the dwelling was acquired in pursuance of a contract made, or option created, before 1st April 1997.
(6)Condition [F225] is that—
(a)the dwelling was provided wholly or partly by means of a grant under section 18 or 27A of the Housing Act 1996 (c. 52), and
(b)when the grant was made the recipient was notified [F23by the Welsh Ministers] that the dwelling was to be regarded as funded by means of such a grant.
Textual Amendments
F16S. 181(2A) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 34(2); S.I. 2017/75, reg. 4
F17Word in s. 181(3) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 34(3); S.I. 2017/75, reg. 4
F18Words in s. 181(3)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 44(a)
F19S. 181(3A) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 34(4); S.I. 2017/75, reg. 4
F20Word in s. 181(4)(5) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 34(5); S.I. 2017/75, reg. 4
F21Words in s. 181(4)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 44(b)
F22Word in s. 181(6) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 34(6); S.I. 2017/75, reg. 4
F23Words in s. 181(6)(b) substituted (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), s. 11(3)(4), Sch. 1 para. 6(5); S.I. 2018/100, art. 2(b) (with art. 3) (with savings in S.I. 2019/110, reg. 5)
Commencement Information
I4S. 181 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)This section applies for the purposes of determining whether a dwelling has remained in the social rented sector.
(2)A dwelling shall be treated as having remained in the social rented sector for any period during which—
(a)the freeholder was a person within subsection (3), and
(b)each leaseholder was either a person within that subsection or an individual holding otherwise than under a long tenancy.
(3)A person is within this subsection if the person is—
(a)a [F24private registered provider],
(b)a registered social landlord, or
(c)a public sector landlord.
(4)A dwelling provided wholly or partly by means of a grant under section 27A of the Housing Act 1996 shall also be treated as having remained in the social rented sector for any period during which it was used exclusively for permitted purposes by—
(a)the recipient of the grant, or
(b)any person treated as the recipient by virtue of section 27B of that Act.
(5)“Permitted purposes” are purposes for which the grant was made and any other purposes agreed by the Housing Corporation or the HCA.
(6)Where a lease of a dwelling has been granted to a former freeholder in pursuance of paragraph 3 of Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (mandatory leaseback to former freeholder on collective enfranchisement) the reference in subsection (1)(a) above to the freeholder shall be construed as a reference to the leaseholder under that lease.
Textual Amendments
F24Words in s. 182(3)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 45
Commencement Information
I5S. 182 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)The definitions in this section apply to sections 180 to 182.
(2)The HCA gives “assistance” to a person if it—
(a)transfers housing or other land to the person,
(b)provides infrastructure to the person, or
(c)gives financial assistance to the person,
and for this purpose “infrastructure” has the same meaning as in Part 1.
(3)References to a “registered social landlord” are to a body which, at the time to which the reference relates, was a registered social landlord within the meaning of Part 1 of the Housing Act 1996 (c. 52) as it then had effect.
(4)“Leaseholder” does not include a mortgagee.
(5)“Long tenancy” has the same meaning as in Part V of the Housing Act 1985 (c. 68).
(6)A person provides a dwelling if the person—
(a)acquires, constructs, converts, improves or repairs housing or other land for use as a dwelling, or
(b)ensures such acquisition, construction, conversion, improvement or repair by another.
(7)“Public sector landlord” means anyone falling within section 80(1) of the Housing Act 1985.
Commencement Information
I6S. 183 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
(1)The Secretary of State may by order—
(a)specify the amount or rate of discount to be given on the exercise of the right conferred by section 180, and
(b)designate rural areas in relation to dwellings in which the right conferred by that section does not arise.
(2)The provisions of Part 5 of the Housing Act 1985 apply in relation to the right to acquire under section 180—
(a)subject to any order under subsection (1) above, and
(b)subject to such other exceptions, adaptations and other modifications as may be specified by regulations made by the Secretary of State.
(3)The regulations may provide—
(a)that the powers of the Secretary of State under sections 164 to 170 of that Act (powers to intervene, give directions or assist) do not apply,
(b)that paragraphs 1 and 3 (exceptions for charities and certain housing associations), and paragraph 11 (right of appeal to Secretary of State), of Schedule 5 to that Act do not apply,
(c)that the provisions of Part 5 of that Act relating to the right to acquire on rent to mortgage terms do not apply,
(d)that the provisions of that Part relating to restrictions on disposals in National Parks etc. do not apply, and
(e)that the provisions of that Part relating to the preserved right to buy do not apply.
Nothing in this subsection affects the generality of the power conferred by subsection (2).
(4)The specified exceptions, adaptations and other modifications shall take the form of textual amendments of the provisions of Part 5 of that Act as they apply in relation to the right to buy under that Part; and any consolidating regulations shall set out the provisions of Part 5 as they so apply.
(5)Before making an order which would have the effect that an area ceased to be designated under subsection (1)(b), the Secretary of State shall consult—
(a)the local housing authority or authorities in whose district the area or any part of it is situated or, if the order is general in its effect, local housing authorities in general, and
(b)such bodies appearing to the Secretary of State to be representative of private registered providers as the Secretary of State considers appropriate.
(6)Regulations made under this section are consolidating regulations if they are made for the purposes of consolidating other regulations that are being revoked in the instrument containing the consolidating regulations.]
Textual Amendments
F25S. 184(1)-(6) substituted for s. 184(1) (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), s. 11(3)(4), Sch. 1 para. 6(6); S.I. 2018/100, art. 2(b) (with art. 3) (with savings in S.I. 2019/110, reg. 5)
Commencement Information
I7S. 184 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
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Textual Amendments
F26S. 185 repealed (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), s. 11(3)(4), Sch. 1 para. 6(7); S.I. 2018/100, art. 2(b) (with art. 3) (with savings in S.I. 2019/110, reg. 5)
Where a person ceases to be a [F27private registered provider], sections 171 [F28and 176 (apart from section 176(2))] continue to apply in respect of any property owned by the person at any time when it was registered.
Textual Amendments
F27Words in s. 186 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 47
F28Words in s. 186 substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 18; S.I. 2017/75, reg. 4
Commencement Information
I8S. 186 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
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Textual Amendments
F29S. 187 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 19; S.I. 2017/75, reg. 4
Section 39 of the Settled Land Act 1925 (c. 18) (disposal by trustees: best price etc.) shall not apply to the disposal of land by a [F30private registered provider].
Textual Amendments
F30Words in s. 188 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 49
Commencement Information
I9S. 188 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
Nothing in this Chapter authorises a charity to effect a disposal which it would not otherwise have power to effect.
Commencement Information
I10S. 189 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
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Textual Amendments
F31S. 190 omitted (6.4.2017) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 20; S.I. 2017/75, reg. 4
(1)In section 171D of the Housing Act 1985 (consent to certain disposals of housing obtained subject to the preserved right to buy)—
(a)in subsection (2) (consent) for “Secretary of State” substitute “ appropriate authority ”, and
(b)after that subsection insert—
“(2A)“The appropriate authority” means—
(a)in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
(b)in relation to any other disposal of land in England, the Secretary of State, and
(c)in relation to a disposal of land in Wales, the Welsh Ministers.”
(2)In section 81 of the Housing Act 1988 (consent to certain disposals of housing obtained from housing action trusts)—
(a)in subsection (3) (consent) for “Secretary of State” substitute “ appropriate authority ”,
(b)after that subsection insert—
“(3A)In this section “the appropriate authority” means—
(a)in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
(b)in relation to any other disposal of land in England, the Secretary of State, and
(c)in relation to a disposal of land in Wales, the Welsh Ministers.”,
(c)in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,
(d)in subsection (5)(a) for “himself” substitute “ itself ”, and
(e)omit subsection (6) (consultation of Housing Corporation).
(3)In section 133 of that Act (consent to certain disposals of housing obtained from local authorities)—
(a)in subsection (1) (consent) for “Secretary of State” substitute “ appropriate authority ”,
(b)after that subsection insert—
“(1ZA)In this section “the appropriate authority” means—
(a)in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
(b)in relation to any other disposal of land in England, the Secretary of State, and
(c)in relation to a disposal of land in Wales, the Welsh Ministers.”,
(c)after subsection (1A) insert—
“(1B)This section does not apply to a disposal of land by a registered provider of social housing unless the land is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.”,
(d)in subsection (3)(c) (modification of certain provisions applied for the purposes of section 133) after “this section,” insert “ any reference to the appropriate national body shall be construed as a reference to the appropriate authority and ”,
(e)in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,
(f)in subsection (5)(a) for “himself” substitute “ itself ”, and
(g)omit subsection (6) (consultation of Housing Corporation).
(4)In section 173 of the Local Government and Housing Act 1989 (c. 42) (consent to certain disposals of housing obtained from new town corporations)—
(a)in subsection (1)(a) (consent) for “Secretary of State” substitute “ appropriate authority ”,
(b)after subsection (1) insert—
“(1A)In this section “the appropriate authority” means—
(a)in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,
(b)in relation to any other disposal of land in England, the Secretary of State, and
(c)in relation to a disposal of land in Wales, the Welsh Ministers.”,
(c)in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,
(d)in subsection (5)(a) for “himself” substitute “ itself ”, and
(e)omit subsection (6) (consultation of Housing Corporation).
Commencement Information
I11S. 191 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)
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