SCHEDULE 2Domestic premises which are social housing

Article 2

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

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 sections 61 to 84 of the Housing (Scotland) Act 198790, as modified by section 84A of that Act91.

3

In this Schedule—

  • “relevant interest” means—

    1. a

      in respect of premises in England and Wales—

      1. i

        the freehold estate, unless the whole of the premises have been let under a registered lease; or

      2. ii

        the leasehold estate, unless the whole of the premises have been further let under a registered lease;

    2. b

      in respect of premises in Scotland—

      1. i

        the owner’s interest or right, unless the whole of the premises have been let under a registered lease; or

      2. ii

        the lessee’s interest under a lease, unless the whole of the premises have been further let under a registered lease;

  • “social landlord” means—

    1. a

      in respect of premises in England—

      1. i

        a local housing authority, within the meaning of section 1 of the Housing Act 198592;

      2. ii

        a housing association, within the meaning of section 5 of the Housing Act 198593;

      3. iii

        a housing trust, within the meaning of section 6 of the Housing Act 1985; or

      4. iv

        a charity, within the meaning of section 1 of the Charities Act 201194;

    2. b

      in respect of premises in Scotland, a person so described in section 165 of the Housing (Scotland) Act 201095;

    3. c

      in respect of premises in Wales—

      1. i

        a local housing authority, within the meaning of section 1 of the Housing Act 1985;

      2. ii

        a housing association, within the meaning of section 5 of the Housing Act 1985;

      3. iii

        a housing trust, within the meaning of section 6 of the Housing Act 1985;

      4. iv

        a charity, within the meaning of section 1 of the Charities Act 2011;

      5. v

        a person listed in section 80(1) of the Housing Act 198596; or

      6. vi

        a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 199697.

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.