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Housing and Regeneration Act 2008

Section 156 - Manager:  powers

438.This section broadly replicates the effect of section 47 of the 1996 Act.

439.Subsection (1) expresses the manager’s general powers as follows:

  • the manager may do anything necessary for the purpose of the appointment,

  • the manager acts as the registered provider’s agent, and is not personally liable on a contract, and

  • the manager has ostensible authority to act for the registered provider with the effect that a person dealing with the manager in good faith and for value does not need to further inquire into the manager’s powers.

440.Subsection (2) sets out a list of the specific powers that the terms of a manager’s appointment may confer as follows:

a)

to sell or otherwise dispose of land by public auction or private contract;

b)

to raise or borrow money;

c)

to grant security over land;

d)

to grant or accept surrender of a lease;

e)

to take a lease;

f)

to take possession of property;

g)

to appoint a solicitor, accountant or other professional to assist the manager;

h)

to appoint agents and staff (and to dismiss them);

i)

to make payments;

j)

to bring or defend legal proceedings;

k)

to refer a question to arbitration;

l)

to make any arrangement or compromise;

m)

to carry on the business of the registered provider;

n)

to carry out works and do other things in connection with the management or transfer of land;

o)

to take out insurance;

p)

to use the registered body’s seal

q)

to execute in the name and on behalf of the registered provider any deed, receipt, or other document;

r)

to do anything incidental to a power in paragraphs (a) to (q).

441.Subsection (3) requires the manager to consult and inform the registered provider’s tenants as far as it is reasonably practicable to do so about any exercise of power that is likely to affect them.

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