SCHEDULE 2Domestic premises which are social housing
1
Domestic premises in England and Wales are “social housing” if the premises are let below the market rate and—
a
the relevant interest in those premises is registered as belonging to a social landlord; or
b
if no relevant interest in the premises has been registered, the premises are let by a social landlord other than under a lease granted pursuant to Part 5 of the Housing Act 198589.
2
Domestic premises in Scotland are “social housing” if the premises are let below the market rate and—
a
the relevant interest in the premises is registered as belonging to a social landlord; or
3
In this Schedule—
“relevant interest” means—
- a
in respect of premises in England and Wales—
- i
the freehold estate, unless the whole of the premises have been let under a registered lease; or
- ii
the leasehold estate, unless the whole of the premises have been further let under a registered lease;
- i
- b
in respect of premises in Scotland—
- i
the owner’s interest or right, unless the whole of the premises have been let under a registered lease; or
- ii
the lessee’s interest under a lease, unless the whole of the premises have been further let under a registered lease;
- i
- a
“social landlord” means—
- a
in respect of premises in England—
- i
a local housing authority, within the meaning of section 1 of the Housing Act 198592;
- ii
a housing association, within the meaning of section 5 of the Housing Act 198593;
- iii
a housing trust, within the meaning of section 6 of the Housing Act 1985; or
- iv
a charity, within the meaning of section 1 of the Charities Act 201194;
- i
- b
in respect of premises in Scotland, a person so described in section 165 of the Housing (Scotland) Act 201095;
- c
in respect of premises in Wales—
- i
a local housing authority, within the meaning of section 1 of the Housing Act 1985;
- ii
a housing association, within the meaning of section 5 of the Housing Act 1985;
- iii
a housing trust, within the meaning of section 6 of the Housing Act 1985;
- iv
a charity, within the meaning of section 1 of the Charities Act 2011;
- v
a person listed in section 80(1) of the Housing Act 198596; or
- vi
a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 199697.
- i
- a
4
For the purposes of this Schedule—
a
in respect of premises in England and Wales, a lease or relevant interest is registered if it is registered in the register of title maintained by Her Majesty’s Land Registry;
b
in respect of premises in Scotland, a lease or relevant interest is registered if it is—
i
registered in the Land Register of Scotland; or
ii
recorded in the Register of Sasines.