(1)A tenancy . . . F1 shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to a housing association falling within subsection (3) below; nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would belong at that time to such a housing association.
(2)A tenancy shall not be a protected tenancy at any time when the interest of the landlord under that tenancy belongs to—
(a)the Housing Corporation
F2. . .; or
(b)a housing trust which is a charity within the meaning of [F3the Charities Act 1993];
nor shall a person at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would belong at that time to any of those bodies.
[F4(3)A housing association falls within this subsection if—
(a)it is [F5a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act)], or
(b)it is a co-operative housing association within the meaning of [F6the Housing Associations Act 1985].]
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
[F8(5)In subsection (2) above “housing trust” means a corporation or body of persons which—
(a)is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation; or
(b)is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds to charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation.]
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
Textual Amendments
F1Words repealed with saving by Housing Act 1980 (c. 51, SIF 61), s. 74, Sch. 9, Sch. 25 Pt. II para. 68, Sch. 26
F2It is provided that the words “(aa) Housing for Wales” are repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2));S.I. 1998/2244, art. 5
F3Words in s. 15(2)(b) substituted (1.8.1993) by 1993 c. 10, ss. 98(1), 99(1) Sch. 6 para. 30
F4S. 15(3) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(2)
F5Words in s. 15(3)(a) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 6(a)
F6Words in s. 15(3)(b) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 6(b)
F7S. 15(4) repealed with saving by Housing Act 1980 (c. 51, SIF 61), s. 74, Sch. 9, Sch. 25 Pt. II para. 68, Sch. 26
F8S. 15(5) substituted by Housing Act 1980 (c. 51, SIF 61), s. 74(2)(3), Sch. 9
F9S. 15(6) repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26
Modifications etc. (not altering text)
C1S. 15 excluded by Housing Act 1985 (c. 68, SIF 61), s. 382(3)
C2Ss. 14-16 excluded (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 4(5)(a)(i); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
C3Ss. 14-16 excluded (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 124(7)(a), 270(4), 270(5)(b) (with s. 124(9)(10)); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
C4Ss. 14-16 excluded (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 12(5)(a)(i) (with Sch. 7 para. 12(9)); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
C5Ss. 14-16 excluded (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 18(6)(a)(i); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
C6S. 15(2)(a) modified (1.12.2008) by Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 1 (with art. 6)