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Housing and Regeneration Act 2008

Section 173 - Exceptions

505.This section lists exceptions to the requirement for consent in section 172.

506.Subsection (2) states that consent is not required for disposal by way of:

(a)

an assured tenancy,

(b)

an assured agricultural occupancy,

(c)

an agreement that would be an assured tenancy of an assured agricultural occupancy but for any of paragraphs 4 to 8, paragraphs 12(1)(h) and 12ZA to 12B of Schedule 1 to the Housing Act 1988 (exclusions),

(d)

a secure tenancy, or

(e)

an arrangement that would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the Housing Act 1985 (exclusions).

507.This makes clear that consent is not required for residential tenancies. It broadly replicates the effect of section 10(1) of the 1996 Act. It also ensures that the profit-making registered providers (as well as non-profit registered providers) are exempt from the requirement to obtain consent from the regulator before granting a residential tenancy of a type listed in section 173(2).

508.Subsection (3) states that consent is not required for a disposal to which section 81 or 133 of the Housing Act 1988 or section 173 of the Local Government and Housing Act 1985 applies, as consent is already required under those provisions. This broadly replicates the effect of section 10(2) of the 1996 Act.

509.Subsection (4) states that consent is not required for a disposal under Part V of the Housing Act 1985 (right to buy).

510.Subsection (5) states that consent is not required for a disposal in pursuance of a tenant’s right to acquire under section 16 of the 1996 Act, or section 180.

511.Subsections (4) and (5) together broadly replicate the effect of section 10(3) of the 1996 Act.

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