Housing and Regeneration Act 2008

Chapter 5E+WDisposal of property[F1by private registered providers]

IntroductoryE+W

170OverviewE+W

This Chapter makes provision about the disposal of property by [F2private registered providers].

171Power to disposeE+W

(1)A [F3private registered provider] may dispose of land.

(2)But a non-profit registered provider may dispose of the landlord's interest under a secure tenancy only to another non-profit registered provider [F4or to a local authority which is a registered provider].

(3)Subsection (1) is subject to the following provisions of this Chapter F5....

[F6Notification of regulator]E+W

F7172Requirement of consentE+W

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F7173ExceptionsE+W

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F7174ProcedureE+W

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F7175Disposal without consentE+W

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[F8176Notification where disposal consent not requiredE+W

(1)If a private registered provider disposes of a dwelling that is social housing it must notify the regulator.

(2)If a non-profit registered provider disposes of land other than a dwelling it must notify the regulator.

(3)Subsection (1) continues to apply to any land of a private registered provider even if it has ceased to be a dwelling.

(4)The regulator may give directions about—

(a)the period within which notifications under subsection (1) or (2) must be given;

(b)the content of those notifications.

(5)The regulator may give directions dispensing with the notification requirement in subsection (1) or (2).

(6)A direction under this section may be—

(a)general, or

(b)specific (whether as to particular registered providers, as to particular property, as to particular forms of disposal or in any other way).

(7)A direction dispensing with a notification requirement—

(a)may be expressed by reference to a policy for disposals submitted by a registered provider;

(b)may include conditions.

(8)The regulator must make arrangements for bringing a direction under this section to the attention of every registered provider to which it applies.]

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F10177Separate accountingE+W

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F10178Use of proceedsE+W

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F11179Application of Housing Act 1996E+W

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Right to acquireE+W

180Right to acquireE+W

(1)The tenant of a dwelling in England has a right to acquire the dwelling if—

(a)the landlord is a [F12private registered provider] or a registered social landlord,

(b)the tenancy is within subsection (2),

(c)the provision of the dwelling was publicly funded,

(d)the dwelling has remained in the social rented sector ever since that provision, and

(e)the tenant satisfies any qualifying conditions applicable under Part V of the Housing Act 1985 (c. 68) (as it applies by virtue of section 184).

(2)A tenancy is within this subsection if it is—

(a)an assured tenancy, other than F13... a long tenancy, or

(b)a secure tenancy.

[F14(2A)The Secretary of State may by regulations provide that an assured shorthold tenancy of a description specified in the regulations is not a tenancy within subsection (2).]

(3)The reference in subsection (1)(a) to a [F15private registered provider] includes—

(a)a person who provided the dwelling in fulfilment of a condition imposed by the HCA when giving assistance to the person;

(b)a person who provided the dwelling wholly or partly by means of a grant under section 27A of the Housing Act 1996 (c. 52).

181Interpretation: “publicly funded”E+W

(1)The provision of a dwelling was publicly funded if any of the following conditions is satisfied.

(2)Condition 1 is that—

(a)the dwelling was provided by a person in fulfilment of a condition imposed by the HCA when giving assistance to the person, and

(b)before giving the assistance the HCA notified the person that if it did so the provision of the dwelling would be regarded as publicly funded.

[F16(2A)Condition 2 is that—

(a)the dwelling was provided wholly or partly by a person using an amount for purposes for which the amount was required to be used by an HCA direction under section 32(4), and

(b)before giving the direction the HCA notified the person that any dwelling so provided would be regarded as publicly funded.]

(3)Condition [F173] is that the dwelling was provided wholly or partly by using sums in the disposal proceeds fund of—

(a)a [F18private registered provider], or

(b)a registered social landlord.

[F19(3A)In relation to a private registered provider, the reference in subsection (3) to its disposal proceeds fund is to its disposal proceeds fund before the abolition of that fund by Part 3 of Schedule 4 to the Housing and Planning Act 2016.]

(4)Condition [F204] is that —

(a)the dwelling was acquired by a [F21private registered provider], or a registered social landlord, on a disposal by a public sector landlord,

(b)the disposal was made on or after 1st April 1997, and

(c)at the time of the disposal the dwelling was capable of being let as a separate dwelling.

(5)Condition [F204] is not satisfied if the dwelling was acquired in pursuance of a contract made, or option created, before 1st April 1997.

(6)Condition [F225] is that—

(a)the dwelling was provided wholly or partly by means of a grant under section 18 or 27A of the Housing Act 1996 (c. 52), and

(b)when the grant was made the recipient was notified under section 16(4) of that Act that the dwelling was to be regarded as funded by means of such a grant.

182Interpretation: “remained in the social rented sector”E+W

(1)This section applies for the purposes of determining whether a dwelling has remained in the social rented sector.

(2)A dwelling shall be treated as having remained in the social rented sector for any period during which—

(a)the freeholder was a person within subsection (3), and

(b)each leaseholder was either a person within that subsection or an individual holding otherwise than under a long tenancy.

(3)A person is within this subsection if the person is—

(a)a [F23private registered provider],

(b)a registered social landlord, or

(c)a public sector landlord.

(4)A dwelling provided wholly or partly by means of a grant under section 27A of the Housing Act 1996 shall also be treated as having remained in the social rented sector for any period during which it was used exclusively for permitted purposes by—

(a)the recipient of the grant, or

(b)any person treated as the recipient by virtue of section 27B of that Act.

(5)“Permitted purposes” are purposes for which the grant was made and any other purposes agreed by the Housing Corporation or the HCA.

(6)Where a lease of a dwelling has been granted to a former freeholder in pursuance of paragraph 3 of Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (mandatory leaseback to former freeholder on collective enfranchisement) the reference in subsection (1)(a) above to the freeholder shall be construed as a reference to the leaseholder under that lease.

183Interpretation: other expressionsE+W

(1)The definitions in this section apply to sections 180 to 182.

(2)The HCA gives “assistance” to a person if it—

(a)transfers housing or other land to the person,

(b)provides infrastructure to the person, or

(c)gives financial assistance to the person,

and for this purpose “infrastructure” has the same meaning as in Part 1.

(3)References to a “registered social landlord” are to a body which, at the time to which the reference relates, was a registered social landlord within the meaning of Part 1 of the Housing Act 1996 (c. 52) as it then had effect.

(4)“Leaseholder” does not include a mortgagee.

(5)“Long tenancy” has the same meaning as in Part V of the Housing Act 1985 (c. 68).

(6)A person provides a dwelling if the person—

(a)acquires, constructs, converts, improves or repairs housing or other land for use as a dwelling, or

(b)ensures such acquisition, construction, conversion, improvement or repair by another.

(7)“Public sector landlord” means anyone falling within section 80(1) of the Housing Act 1985.

184Right to acquire: supplementalE+W

(1)Section 17 of the Housing Act 1996 (right to acquire: supplemental) applies in relation to the right to acquire under section 180 of this Act with the modifications set out below.

(2)The modifications are as follows—

(a)references to the right to acquire under section 16 of the 1996 Act shall be treated as references to the right to acquire under section 180 of this Act,

(b)references to the Welsh Ministers shall be treated as references to the Secretary of State,

(c)the reference to registered social landlords shall be treated as a reference to [F24private registered providers], and

(d)the reference to a resolution of the National Assembly for Wales shall be treated as a reference to a resolution of either House of Parliament.

185Right to acquire: consequential amendmentsE+W

(1)In section 16 of the Housing Act 1996 (right to acquire)—

(a)for subsection (1) substitute—

“(1)The tenant of a dwelling in Wales has a right to acquire the dwelling if—

(a)the landlord is a registered social landlord or a registered provider of social housing,

(b)the tenancy is—

(i)an assured tenancy, other than an assured shorthold tenancy or a long tenancy, or

(ii)a secure tenancy,

(c)the dwelling was provided with public money and has remained in the social rented sector, and

(d)the tenant satisfies any further qualifying conditions applicable under Part V of the Housing Act 1985 (the right to buy) as it applies in relation to the right conferred by this section.”,

(b)in subsection (2)(c) after “registered social landlord” insert “ or a registered provider of social housing ”, and

(c)in subsection (3)(a) and (b)(ii) after “registered social landlord” insert “ , a registered provider of social housing ”.

(2)In section 16A(1) (extension of section 16 to dwellings funded by grants under section 27A) after the first “dwelling” insert “ in Wales ”.

(3)In section 20 (purchase grant where right to acquire exercised)—

(a)in subsection (1) after “landlords” insert “ and registered providers of social housing ”, and

(b)in subsection (4) after “landlord” insert “ or registered provider of social housing ”.

(4)In section 21 (purchase grant in respect of other disposals)—

(a)in subsection (1)—

(i)after “landlords” insert “ and registered providers of social housing ”, and

(ii)after “dwellings” insert “ in Wales ”,

(b)in subsection (2)—

(i)after “section 16” insert “ or by section 180 of the Housing and Regeneration Act 2008 ”, and

(ii)for “landlord's” substitute “ landlord or provider (as the case may be) ”, and

(c)in subsection (4) after “landlord” insert “ or registered provider of social housing ”.

MiscellaneousE+W

186Former registered providersE+W

Where a person ceases to be a [F25private registered provider], sections 171 [F26and 176 (apart from section 176(2))] continue to apply in respect of any property owned by the person at any time when it was registered.

F27187Change of use, etc.E+W

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188TrusteesE+W

Section 39 of the Settled Land Act 1925 (c. 18) (disposal by trustees: best price etc.) shall not apply to the disposal of land by a [F28private registered provider].

189CharitiesE+W

Nothing in this Chapter authorises a charity to effect a disposal which it would not otherwise have power to effect.

Consents under other legislationE+W

F29190Consent to disposals under other legislationE+W

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191Section 190: consequential amendmentsE+W

(1)In section 171D of the Housing Act 1985 (consent to certain disposals of housing obtained subject to the preserved right to buy)—

(a)in subsection (2) (consent) for “Secretary of State” substitute “ appropriate authority ”, and

(b)after that subsection insert—

“(2A)“The appropriate authority” means—

(a)in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,

(b)in relation to any other disposal of land in England, the Secretary of State, and

(c)in relation to a disposal of land in Wales, the Welsh Ministers.”

(2)In section 81 of the Housing Act 1988 (consent to certain disposals of housing obtained from housing action trusts)—

(a)in subsection (3) (consent) for “Secretary of State” substitute “ appropriate authority ”,

(b)after that subsection insert—

“(3A)In this section “the appropriate authority” means—

(a)in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,

(b)in relation to any other disposal of land in England, the Secretary of State, and

(c)in relation to a disposal of land in Wales, the Welsh Ministers.”,

(c)in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,

(d)in subsection (5)(a) for “himself” substitute “ itself ”, and

(e)omit subsection (6) (consultation of Housing Corporation).

(3)In section 133 of that Act (consent to certain disposals of housing obtained from local authorities)—

(a)in subsection (1) (consent) for “Secretary of State” substitute “ appropriate authority ”,

(b)after that subsection insert—

“(1ZA)In this section “the appropriate authority” means—

(a)in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,

(b)in relation to any other disposal of land in England, the Secretary of State, and

(c)in relation to a disposal of land in Wales, the Welsh Ministers.”,

(c)after subsection (1A) insert—

“(1B)This section does not apply to a disposal of land by a registered provider of social housing unless the land is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.”,

(d)in subsection (3)(c) (modification of certain provisions applied for the purposes of section 133) after “this section,” insert “ any reference to the appropriate national body shall be construed as a reference to the appropriate authority and ”,

(e)in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,

(f)in subsection (5)(a) for “himself” substitute “ itself ”, and

(g)omit subsection (6) (consultation of Housing Corporation).

(4)In section 173 of the Local Government and Housing Act 1989 (c. 42) (consent to certain disposals of housing obtained from new town corporations)—

(a)in subsection (1)(a) (consent) for “Secretary of State” substitute “ appropriate authority ”,

(b)after subsection (1) insert—

“(1A)In this section “the appropriate authority” means—

(a)in relation to a disposal of land in England by a registered provider of social housing, the Regulator of Social Housing,

(b)in relation to any other disposal of land in England, the Secretary of State, and

(c)in relation to a disposal of land in Wales, the Welsh Ministers.”,

(c)in subsection (5) (consultation of tenants) for “Secretary of State” substitute “ appropriate authority ”,

(d)in subsection (5)(a) for “himself” substitute “ itself ”, and

(e)omit subsection (6) (consultation of Housing Corporation).