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158 | Section 157: supplemental |
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(1) | This section applies to property transferred to the regulator in accordance with |
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(2) | The regulator may dispose of the property only to a registered provider. |
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(3) | Where the registered provider wound up or dissolved was a charity, the |
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regulator may dispose of the property only to a registered provider— |
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(a) | which is a charity, and |
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(b) | whose objects the regulator thinks are similar to those of the original |
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(4) | If the property includes land subject to a mortgage or charge, the regulator may |
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(a) | subject to that mortgage or charge, or |
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(b) | subject to a new mortgage or charge in favour of the regulator. |
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159 | Extension of sections 157 and 158 |
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The Secretary of State may by regulations provide for sections 157 and 158 to |
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apply in relation to a registered provider which is a charity but not a registered |
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(a) | in specified circumstances, and |
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(b) | with specified modifications. |
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This Chapter makes provision about the disposal of property by registered |
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(1) | A registered provider may dispose of land. |
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(2) | Subsection (1) is subject to the following provisions of this Chapter (which |
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include provisions requiring the regulator’s consent for certain disposals). |
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162 | Requirement of consent |
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(1) | Any disposal of land by a non-profit registered provider requires the |
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regulator’s consent unless it falls within an exception. |
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(2) | Any disposal of social housing by a profit-making registered provider requires |
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the regulator’s consent unless it falls within an exception. |
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(3) | The exceptions are listed in section 163. |
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(1) | This section lists exceptions to the requirement of consent in section 162. |
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(2) | Exception 1 is that consent is not required for disposal by a non-profit |
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registered provider by way of— |
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(b) | an assured agricultural occupancy, |
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(c) | an arrangement that would be an assured tenancy or an assured |
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agricultural occupancy but for any of paragraphs 4 to 8, or paragraph |
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12(1)(h), of Schedule 1 to the Housing Act 1988 (exclusions), |
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(e) | an arrangement that would be a secure tenancy but for any of |
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paragraphs 2 to 12 of Schedule 1 to the Housing Act 1985 (exclusions). |
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(3) | Exception 2 is that consent is not required for a disposal to which section 81 or |
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133 of the Housing Act 1988 applies (disposals requiring consent). |
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(4) | Exception 3 is that consent is not required for a disposal under Part V of the |
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Housing Act 1985 (right to buy). |
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(5) | Exception 4 is that consent is not required for a disposal in pursuance of a |
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tenant’s right to acquire under section 16 of the Housing Act 1996 (c. 52) (as |
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(b) | specific (whether as to particular registered providers, as to particular |
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property, as to particular forms of disposal or in any other way). |
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(2) | Consent may be retrospective. |
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(3) | Consent may be expressed by reference to a policy for disposals submitted by |
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(4) | Consent may be conditional. |
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(5) | Before giving consent the regulator must consult— |
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(b) | one or more bodies appearing to it to represent the interests of |
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registered providers, and |
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(c) | one or more bodies appearing to it to represent the interests of tenants. |
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(6) | Subsection (5) does not apply to specific consent relating only to one or more |
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particular registered providers or properties. |
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165 | Disposal without consent |
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(1) | A purported disposal by a registered provider is void if— |
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(a) | it requires the regulator’s consent, and |
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(b) | the regulator has not given consent. |
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(2) | But subsection (1) does not apply to a disposal by a non-profit registered |
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provider to one or more individuals (“the buyer”) if— |
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(a) | the disposal is of a single dwelling, and |
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(b) | the registered provider reasonably believes at the time of the disposal |
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that the buyer intends to use the property as the buyer’s principal |
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(1) | The accounts of a registered provider must show its net disposal proceeds, as |
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a separate “disposal proceeds fund”. |
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(2) | The following are net disposal proceeds— |
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(a) | net proceeds of sale to a tenant in pursuance of the right to acquire |
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conferred by section 16 of the Housing Act 1996 (c. 52), |
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(b) | net proceeds of sale of property in respect of which a grant was made |
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under section 21 of that Act, |
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(c) | grant received under section 20 or 21 of that Act, |
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(d) | repayments of discount in respect of which grant was received under |
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either of those sections, |
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(e) | other proceeds of sale specified by the regulator, and |
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(f) | other grants specified by the regulator. |
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(3) | The regulator shall determine amounts to be deducted in determining net |
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(4) | The method of constituting the disposal proceeds fund and showing it in the |
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accounts shall be in accordance with a direction of the regulator under section |
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(5) | Interest shall be added to the fund in accordance with a determination made |
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Tenants’ rights and duties |
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167 | Application of Housing Act 1996 |
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(1) | The following provisions of the Housing Act 1996 shall continue to have effect |
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in relation to social housing in England, with the modifications set out in |
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subsection (3) (and any other necessary modifications). |
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(a) | sections 11 to 12 (repayment of discount on disposal), |
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(b) | sections 12A and 12B (landlord’s right of first refusal), |
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(c) | section 13 (disposal of property in National Park), |
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(d) | sections 14 and 15 (supplemental), and |
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(e) | sections 16 to 17 (tenant’s right to acquire). |
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(3) | The provisions have effect with the following substitutions— |
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| | | | | | Registered social landlord |
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168 | Unregistered housing associations |
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(1) | Part 1 of the Housing Associations Act 1985 (c. 69) (regulation of housing |
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associations) is amended as follows. |
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(2) | In the following provisions for “the Housing Corporation” substitute “the |
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Regulator of Social Housing”— |
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(a) | section 9(1A)(a) and (6)(a) (control of dispositions by unregistered |
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housing associations), and |
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(b) | section 10(1)(a) (section 9: exceptions). |
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169 | Former registered providers |
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Where a person ceases to be a registered provider, sections 161 to 165 continue |
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to apply in respect of any property owned by the person at any time when it |
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Section 39 of the Settled Land Act 1925 (c. 18) (disposal by trustees: best price |
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etc.) shall not apply to the disposal of land by a registered provider. |
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Nothing in this Chapter authorises a charity to effect a disposal which it would |
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not otherwise have power to effect. |
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(a) | allows the regulator to set standards for the provision of social housing |
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(b) | gives the regulator powers to monitor compliance (sections 179 to 186), |
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(c) | gives the regulator a degree of control over the governance of non- |
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profit registered providers (sections 187 to 190), |
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(d) | allows the regulator to give guidance to registered providers (sections |
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(e) | allows the regulator to arrange for the accreditation of managers of |
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social housing (section 194). |
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