Explanatory Notes

Housing and Regeneration Act 2008

2008 CHAPTER 17

22 July 2008

Structure of the Act

Part 2 – Regulation of Social Housing

Chapter 1 - Introduction
Social housing
Section 77 - Housing stock under Housing Act 1996

158.This section ensures that properties owned by an RSL immediately before the coming into force of section 68 are defined as social housing under this Act.

159.Subsection (2) clarifies that such properties are social housing even if they do not satisfy the definitions of low cost rental or low cost home ownership accommodation in sections 69 and 70. As with other social housing, it remains social housing until an event specified in sections 73 to 76 (sales to tenants, expiry of lease, disposal with regulator’s consent, etc) occurs.

160.Subsections (3) to (8) provide that the following types of property where they are in existence on the date section 61 comes into force, are only to be treated as social housing if they were purchased, constructed or renovated by means of specified grants:


market-let accommodation;


student accommodation;


care homes providing nursing care;


asylum seeker Home Office contracted accommodation; and


other property specified in regulations by the Secretary of State.

161.These exemptions continue the approach currently taken by the Housing Corporation to regulating the existing housing stock of RSLs registered with the Corporation. This will ensure that housing which is not social housing and has not previously been directly regulated by the Corporation should not be caught by regulation in future.