Part I Preliminary
Exceptions
C3C2C4C515C1 Landlord’s interest belonging to housing association, etc.
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—
F2. . .; or
b
a housing trust which is a charity F11...;
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.
F33
A housing association falls within this subsection if—
F10za
it is a private registered provider of social housing,
a
it is F4a 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 F5the Housing Associations Act 1985.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
F75
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8