Housing Act 1996

Power to direct transfer of land E+W

27 (1) Where as a result of an inquiry under paragraph 20 or an audit under paragraph 22 the [F1 Relevant Authority] is satisfied as regards a registered social landlord— E+W

(a) that there has been misconduct or mismanagement in its administration, or

(b) that the management of its land would be improved if its land were transferred in accordance with the provisions of this paragraph,

the [F1 Relevant Authority] may, F2 . . . direct the registered social landlord to make such a transfer . [F3 The consent of the Secretary of State is required for the giving of directions by the Housing Corporation.]

(2) Where the registered social landlord concerned is a charity, the [F1 Relevant Authority] may only direct a transfer to be made to another registered social landlord—

(a) which is also a charity, and

(b) the objects of which appear to the [F1 Relevant Authority] to be, as nearly as practicable, akin to those of the registered social landlord concerned.

(3) In any other case the [F1 Relevant Authority] may direct a transfer to be made to the [F1 Relevant Authority] or to another registered social landlord.

(4) The transfer shall be on such terms as the [F1 Relevant Authority] may direct on the basis of principles determined by it.

[F4 If the transfer is directed by the Housing Corporation, the consent] of the Secretary of State is required both for the terms of the transfer and for the determination of the principles on which it is based.

(5) The price shall not be less than the amount certified by the district valuer to be the amount the property would command if sold by a willing seller to another registered social landlord.

(6) The terms shall include provision as to the payment of debts and liabilities (including debts and liabilities secured on the land).

Annotations:

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Amendments (Textual)

F1 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F2 Words in Sch. 1 para. 27(1) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 96(6)(a), Sch. 18 Pt.VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F3 Words in Sch. 1 para. 27(1) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 96(6)(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F4 Words in Sch. 1 para. 27(4) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 96(7) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Commencement Information

I1 Sch. 1 para. 27 wholly in force at 1.10.1996; Sch. 1 para. 27 not in force at Royal Assent see s. 232(3); Sch. 1 para. 27(4) in force for certain purposes at 1.8.1996 by S.I. 1996/2048, art. 3; Sch. 1 para. 27 in force at 1.10.1996 to the extent that it is not already in force, by S.I. 1996/2402, art. 3 (subject to the transitional provisions and savings in the Sch. of that S.I.)