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Housing and Regeneration Act 2008

Section 296 - Requirements to co-operate in relation to certain disposals of land

834.Section 296 adds a new section 34A to the Housing Act 1985.

835.Section 34A(1) gives the appropriate person (in England the Secretary of State, in Wales the Welsh Ministers) powers to make regulations where a local housing authority has been served a notice by a group of tenants requesting a transfer of occupied council housing from ownership of the local housing authority to a named registered private sector landlord (e.g. a housing association).

836.Section 34A(2) sets out requirements that may be placed on the local housing authority in the regulations. These comprise:

  • providing assistance to the tenants (which could be financial support, accommodation, other facilities or training);

  • arranging a feasibility study to look into the tenants’ proposals;

  • providing information to the tenants;

  • co-operating in certain ways with the tenants;

  • arranging ballots with respect to the proposals; and

  • entering into an agreement for the disposal.

837.Section 34A(3) sets out two further matters that might be included:

  • provision identifying the land and houses affected by the proposal, and

  • provision requiring that the agreement between the local housing authority and the private sector landlord be in a form approved by the appropriate person.

838.Section 34A(4) sets out further procedural arrangements that might be included in the regulations:

  • provision that certain questions arising from the regulations be answered by the authority or the appropriate person;

  • setting time limits for carrying out requirements set in the regulations; and

  • requiring persons exercising functions under the regulations to act in accordance with guidance or directions given by the appropriate person.

839.Section 34A(6) provides that the regulations must ensure that the local housing authority can make representations to the appropriate person before a decision to dispose is made.

840.The regulations are subject to the negative resolution procedure.

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