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Housing and Regeneration Act 2008

Section 31 - Duties in relation to social housing

59.This section requires the HCA when -

  • acquiring, constructing or converting any housing or land for use as low cost rental accommodation, (subsections (1) and (2));

  • disposing of housing or land on the condition that low cost rental accommodation is provided (subsections (3) and (4));

  • providing infrastructure on condition that low cost rental accommodation is provided (subsections (5) and (6)); or

  • giving financial assistance on condition that low cost rental accommodation is provided (subsections (7) and (8)),

to ensure that when the accommodation is made available for rent the landlord is a “relevant provider of social housing”. A “relevant provider” is a registered provider of social housing (as defined by section 80(2)(a)), an English local housing authority (or a person controlled by such an authority), or a county council in England. Low cost rental accommodation is accommodation which is made available for rent, the rent is below the market rate and the accommodation is made available in accordance with rules designed to ensure that the accommodation is made available to people whose needs are not adequately served by the commercial housing market. If the HCA is proposing to give financial assistance on condition that the recipient provides low cost home ownership accommodation (as defined by section 70) the HCA must consult the Regulator of Social Housing about the proposals.

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