Explanatory Notes

Housing and Regeneration Act 2008

2008 CHAPTER 17

22 July 2008

Structure of the Act

Part 2 – Regulation of Social Housing

Chapter 5 - Disposal of property
Regulator’s consent
Section 175 - Disposal without consent

518.This section states that a disposal by a registered provider is void if it required the regulator’s consent and the regulator had not given consent.

519.There is one exception: where a non-profit registered provider disposes of a single dwelling to one or more individuals, and the registered provider reasonably believes at the time of the disposal that the buyer intends to use the property as their principal residence. This broadly replicates the effect of section 9(4) of the 1996 Act and aims to protect individual purchasers if they unwittingly purchased a home from a registered provider who did not have consent to dispose of the property..