Housing and Regeneration Act 2008 (c. 17)

Part 2 E+W Regulation of Social Housing

Chapter 1 E+W Introduction

Social housing E+W

75 Leaving the social housing stock: disposal with consent E+W

(1) A dwelling ceases to be social housing if it is disposed of with the regulator's consent in accordance with—

(a) Chapter 5,

(b) section 171D of the Housing Act 1985 (c. 68) (consent to certain disposals of housing obtained subject to the preserved right to buy), or

(c) section 81 or 133 of the Housing Act 1988 (c. 50) (consent to certain disposals of housing obtained from housing action trusts or local authorities).

[F1 (1A) A dwelling ceases to be social housing if it is—

(a) disposed of with the Secretary of State’s consent in accordance with section 32 or 43 of the Housing Act 1985 (disposals by local authorities),

(b) appropriated with the Secretary of State’s consent in accordance with section 19(2) of that Act (appropriation by local authorities for some other purpose), or

(c) disposed of by a local authority with the Secretary of State’s consent in accordance with any other enactment.]

(2) [F2 Subsections (1) and (1A) do] not apply to a disposal in pursuance of shared ownership arrangements or equity percentage arrangements.

(3) [F3 Subsections (1) and (1A) do] not apply if the consent is conditional upon the dwelling continuing to be low cost rental accommodation or low cost home ownership accommodation.

(4) A condition of that kind shall include provision for determining when the dwelling ceases to be social housing.

Textual Amendments

F1 S. 75(1A) 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. 2(2)

F2 Words in s. 75(2) 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. 2(3)

F3 Words in s. 75(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. 2(3)

Commencement Information

I1 S. 75 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I2 S. 75 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)