Regulation of Registered Social Landlords (Wales) Act 2018

Disposals of land

13 Disposal of land: consent

(1) In the Housing Act 1985 (c. 68), in section 171D (subsequent dealings: qualifying dwelling house), in subsection (2ZA), after “housing” insert “or by a registered social landlord”.

(2) In the Housing Act 1988 (c. 50), omit section 81 (consent required for certain subsequent disposals).

(3) Section 133 of the Housing Act 1988 (consents required for subsequent disposals) is amended as follows.

(4) In subsection (1), omit “as defined in section 81(8) above”.

(5) In subsection (1B), after “housing” insert “or to a body registered as a registered social landlord under Chapter 1 of Part 1 of the Housing Act 1996.”

(6) In subsection (7), omit “9 or”.

(7) After subsection (10), insert—

“(11) In this section “exempt disposal” means—

(a) the disposal of a dwelling-house to a person having the right to buy it under Part 5 of the Housing Act 1985 (whether the disposal is in fact made under that Part or otherwise);

(b) a compulsory disposal, within the meaning of Part 5 of the Housing Act 1985;

(c) the disposal of an easement or rentcharge;

(d) the disposal of an interest by way of security for a loan;

(e) the grant of a secure tenancy or what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the Housing Act 1985;

(f) the grant of an assured tenancy or an assured agricultural occupancy, within the meaning of Part 1 of this Act, or what would be such a tenancy or occupancy but for any of paragraphs 4 to 8 of Schedule 1 to this Act;

(g) the transfer of an interest held on trust for any person where the disposal is made in connection with the appointment of a new trustee or in connection with the discharge of any trustee.”

14 Disposal of land: notification

In the 1996 Act, for section 9 substitute—

“9 Notification to Welsh Ministers of disposal of land

(1) If a registered social landlord disposes of land under section 8, the landlord must notify the Welsh Ministers.

(2) For the purposes of this section disposing of land means selling it, leasing it, mortgaging it, making it subject to a charge, or disposing of it in any other way.

(3) The Welsh Ministers may give directions to registered social landlords about—

(a) the delivery, form and content of notification under this section;

(b) the deadline for giving notification under this section.

(4) The Welsh Ministers may give directions to registered social landlords dispensing with a requirement to give notification under this section.

(5) A direction under this section may be given generally in respect of all registered social landlords, or in respect of a particular registered social landlord or a particular type of registered social landlord, and may make provision about notifications generally, or about particular notifications or types of notification.

(6) A direction may vary or revoke a previous direction under this section.

(7) A registered social landlord must comply with a direction under this section.”

15 Disposal proceeds fund

In the 1996 Act, omit—

(a) section 24 (disposal proceeds fund);

(b) section 25 (application or appropriation of disposal proceeds);

(c) section 26 (disposal proceeds: power to require information).