Buildings controlled or managed by a co-operative society

2B

1

A building where—

a

the person managing or having control of it is a co-operative society whose rules are such as to secure that each of the conditions set out in sub-paragraph (2) is met, and

b

no person who occupies premises in the building does so by virtue of an assured tenancy, a secure tenancy or a protected tenancy.

2

The conditions are—

a

that membership of the society is restricted to persons who are occupiers or prospective occupiers of buildings managed or controlled by the society,

b

that all management decisions of the society are made by the members (or a specified quorum of members) at a general meeting which all members are entitled to, and invited to, attend,

c

that each member has equal voting rights at such a meeting, and

d

that, if a person occupies premises in the building and is not a member, that person is an occupier of the premises only as a result of sharing occupation of them with a member at the member's invitation.

3

For the purposes of sub-paragraph (1) “co-operative society” means a body that—

a

is registered—

i

as a co-operative society under section 1 of the 1965 Act, or

ii

is a pre-2010 Act society (as defined by section 4A(1) of the 1965 Act) which meets the condition in section 1(2) of the 1965 Act, and

b

is neither—

i

a non-profit registered provider of social housing, nor

ii

registered as a social landlord under Part 1 of the Housing Act 1996.

4

In this paragraph—

• “the 1965 Act” means the Co-operative and Community Benefit Societies and Credit Unions Act 1965;

• “assured tenancy” has the same meaning as in Part 1 of the Housing Act 1988;

• “protected tenancy” has the same meaning as in the Rent Act 1977;

• “secure tenancy” has the same meaning as in Part 4 of the Housing Act 1985.