Housing and Regeneration Act 2008

181 Interpretation: “publicly funded”

(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.

(3) Condition 2 is that the dwelling was provided wholly or partly by using sums in the disposal proceeds fund of—

(a) a registered provider, or

(b) a registered social landlord.

(4) Condition 3 is that —

(a) the dwelling was acquired by a 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 3 is not satisfied if the dwelling was acquired in pursuance of a contract made, or option created, before 1st April 1997.

(6) Condition 4 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.