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Housing and Regeneration Act 2008

Section 149 - Exempted disposals

405.Subsection (1) provides that the list of exceptions set out in this section do not require the regulator’s prior written consent under section 148. This broadly replicates the effect of section 42(3) of the 1996 Act.

406.Subsections (2) to (8) set out the following exceptions:

  • a letting under an assured tenancy or an assured agricultural occupancy

  • a letting under what would be an assured tenancy or an assured agricultural occupancy but for the provisions of paragraphs 4 to 8, 12(1)(h) and 12ZA to 12B of Schedule 1 to the Housing Act 1988 (this schedule sets out tenancies which cannot be assured tenancies)

  • a letting under a secure tenancy

  • a letting under what would be a secure tenancy but for any of paragraphs 2-12 of Schedule 1 to the Housing Act 1985 (this schedule sets out tenancies which are not secure tenancies)

  • a disposal to which section 81 or 133 of the Housing Act 1988 or section 173 of the Local Government and Housing Act 1989 applies (as consent is already required for disposal by those Acts)

  • a disposal under the right to buy

  • a disposal under a tenant’s right to acquire.

This list of exceptions broadly replicates the effect of section 42(3) of the 1996 Act.

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