Search Legislation

Housing and Regeneration Act 2008

Status:

This is the original version (as it was originally enacted).

Chapter 1Introduction

Preliminary

59Purpose

The purpose of this Part is to regulate the provision of social housing (as defined in sections 68 to 77) by English bodies (as defined in section 79).

60Structural overview

(1)This Part replaces the system of “registered social landlords” under Part 1 of the Housing Act 1996 (c. 52).

(2)That Part will continue to apply in relation to Wales (see section 61).

(3)Certain provisions of that Part—

(a)are applied in relation to England by this Part (see section 179), or

(b)are preserved although they apply to England only (see section 124).

(4)The Table describes the content of this Part.

ChapterSectionsTopicContents
159 to 80Introduction
(a)

Preliminary

(b)

Social housing

(c)

Other key concepts

281 to 109The Social Housing Regulator
(a)

Constitution

(b)

Proceedings

(c)

Powers

(d)

Money

(e)

Relationship with other bodies

(f)

Information

3110 to 121Registration
(a)

Introduction

(b)

Eligibility

(c)

Procedure

4122 to 169Registered providers
(a)

General provisions

(b)

Accounts

(c)

Insolvency etc.

(d)

Restructuring and dissolution

5170 to 191Disposal of property
(a)

Introductory

(b)

Regulator’s consent

(c)

Proceeds

(d)

Tenants' rights and duties

(e)

Miscellaneous

(f)

Right to acquire

(g)

Consents under other legislation

6192 to 217Regulatory powers
(a)

Standards

(b)

Monitoring

(c)

Management and constitution

(d)

Guidance

(e)

Managers of social housing

7218 to 269Enforcement powers
(a)

General

(b)

Enforcement notice

(c)

Penalty

(d)

Compensation

(e)

Management

(f)

Restrictions on dealings

(g)

Suspension and removal of officers

8270 to 278General
(a)

Interpretation

(b)

Miscellaneous

61Restriction of “registered social landlord” system to Wales

(1)Part 1 of the Housing Act 1996 (c. 52) (social rented sector) is amended as follows (and the title of Part 1 becomes “Social Rented Sector in Wales”).

(2)Before section 1 (register of social landlords) insert—

A1Introduction

This Chapter provides for the registration of social landlords in Wales.

(3)In section 1—

(a)for “The Relevant Authority” substitute “The Welsh Ministers”, and

(b)omit subsections (1A) and (1B).

(4)After section 1 insert—

1AWelsh bodies

In this Chapter “Welsh body” means a body which is—

(a)a registered charity whose address, for the purposes of registration by the Charity Commission for England and Wales, is in Wales,

(b)an industrial and provident society whose registered office for the purposes of the Industrial and Provident Societies Act 1965 is in Wales, or

(c)a company within the meaning of the Companies Act 2006 which has its registered office for the purposes of that Act in Wales.

(5)In section 2 (eligibility for registration)—

(a)in subsection (1), for “A body” substitute “A Welsh body”,

(b)in subsection (2) after “that the body is” insert “principally concerned with Welsh housing, is”,

(c)after subsection (2) insert—

(2A)A body is principally concerned with Welsh housing if the Welsh Ministers think—

(a)that it owns housing only or mainly in Wales, or

(b)that its activities are principally undertaken in respect of Wales;

and once a body has been registered in reliance on paragraph (a) or (b) it does not cease to be eligible for registration by virtue only of ceasing to satisfy that paragraph.,

(d)in subsection (7) for “Secretary of State” (in each place) substitute “Welsh Ministers”, and

(e)in subsection (8) for “either House of Parliament” substitute “the National Assembly for Wales”.

(6)In section 3 (registration)—

(a)in subsection (1) for “any body” substitute “any Welsh body”, and

(b)in subsection (4) for “A body” substitute “A Welsh body”.

(7)The table sets out substitutions which have effect throughout the Part (except section 51 and Schedule 2); and where necessary in consequence of those substitutions, for words in the singular substitute appropriate corresponding words in the plural.

ExpressionSubstitution
“the Relevant Authority”“the Welsh Ministers”
“the Authority”“the Welsh Ministers”
“the Relevant Authority's”“the Welsh Ministers”

(8)Omit section 56 (meaning of “the Relevant Authority”).

(9)Sections 62 and 63 make other consequential amendments.

62References to Welsh Ministers

In the following provisions of the Housing Act 1996 (c. 52)

(a)for “Secretary of State” substitute “Welsh Ministers”,

(b)for “Secretary of State makes” substitute “Welsh Ministers make”,

(c)for “he” substitute “they”,

(d)for “him” substitute “them” (except in section 12A(4)), and

(e)for “considers” substitute “consider”.

ProvisionTopic
Section 9(1A)(b)Consent for disposal of land
Section 12A(4)Right of first refusal: regulations
Section 15A(5)Deferred resale agreements: order
Section 17(1), (2)(b), (5)(b) and (6)Right to acquire: orders and regulations
Section 18(5)(b)Social housing grants: appointment of agent
Section 23(6)Loans: approved schemes
Section 27A(3)Grants to other bodies: further provision
Section 29(1), (2) and (3)Commutation of special residual subsidy
Section 30(5)(b)Collection of information: notice
Section 39(3)Insolvency etc: order defining terms
Section 46(7)(b)Appointment of manager: order
Section 52(1) and (3)Orders: general
Section 53(1), (4) and (5)Determinations: general
Section 55(2)Consequential: order
Paragraph 9(3A)(b) of Schedule 1Change of rules of industrial and provident society: consent
Paragraph 11(3A)(b) of Schedule 1Change of articles of company: consent
Paragraph 15A(1) of Schedule 1Transfer of assets of charity on dissolution: order
63References to National Assembly for Wales

In the following provisions of the Housing Act 1996 (c. 52) for “either House of Parliament” substitute “the National Assembly for Wales”.

ProvisionTopic
Section 12A(8)(b)Right of first refusal: regulations
Section 15A(6)(b)Deferred resale agreements: order
Section 17(7)Right to acquire: orders and regulations
Section 27A(10)Grants to other bodies: order
Section 39(3)Insolvency: order
Section 55(3)Consequential: order
Paragraph 15A(4) of Schedule 1Transfer of assets of charity on dissolution: order
64Dissolution of Housing Corporation

(1)The Secretary of State shall by order make provision for the dissolution of the Housing Corporation.

(2)The Secretary of State may by order make consequential amendment of enactments referring to the Housing Corporation.

(3)Omit section 33A of the Housing Associations Act 1985 (c. 69) (provision of services between the Corporations).

65Transfer schemes

(1)The Secretary of State may make one or more schemes for the transfer of the Housing Corporation’s property, rights or liabilities to—

(a)the regulator,

(b)the HCA, or

(c)the Secretary of State.

(2)On the transfer date, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.

(3)Schedule 6 applies to a scheme under this section.

(4)In this section—

  • “designated”, in relation to a scheme, means specified in or determined in accordance with the scheme;

  • “the transfer date” means the date specified by a scheme as the date on which the scheme is to have effect.

(5)Schedule 7 makes provision about the tax implications of schemes under this section (and schemes under section 51).

66Interim arrangements

The Secretary of State may by notice require the Housing Corporation to provide staff, premises, facilities or other assistance to—

(a)the regulator, or

(b)the HCA.

67Transitional arrangements

(1)The Secretary of State may by order transfer functions of the Housing Corporation to—

(a)the regulator,

(b)the HCA, or

(c)the regulator and the HCA jointly or concurrently.

(2)An order under subsection (1) may make provision in relation to English registered social landlords which is similar to any provision made by this Part in relation to registered providers.

(3)“English registered social landlord” means a body—

(a)which is registered as a social landlord under Part 1 of the Housing Act 1996, and

(b)which does not fall within paragraphs (a) to (c) of section 56(2) of that Act (Welsh bodies).

(4)The Secretary of State may by order make further provision in respect of a function transferred under this section (which may, in particular, include provision for the function to cease to be exercisable).

(5)Provision made under this section, including provision made by virtue of section 320(1)(d), may modify an enactment.

(6)Provision under section 322(1) in connection with the coming into force of a provision of this Act may, in particular, include transitional provision having regard to the effect of provision made under this section.

Social housing

68Basic principle

(1)In this Part “social housing” means—

(a)low cost rental accommodation (defined by section 69), and

(b)low cost home ownership accommodation (defined by section 70).

(2)Accommodation which becomes “social housing” by satisfying subsection (1)(a) or (b) remains “social housing” for the purposes of this Part unless and until an event specified in sections 73 to 76 occurs.

(3)Section 77 makes transitional provision as a result of which certain accommodation is to be treated as “social housing” whether or not it satisfies subsection (1)(a) or (b).

69Low cost rental

Accommodation is low cost rental accommodation if—

(a)it is made available for rent,

(b)the rent is below the market rate, and

(c)the accommodation is made available in accordance with rules designed to ensure that it is made available to people whose needs are not adequately served by the commercial housing market.

70Low cost home ownership

(1)Accommodation is low cost home ownership accommodation if the following conditions are satisfied.

(2)Condition 1 is that the accommodation is occupied, or made available for occupation, in accordance with—

(a)shared ownership arrangements,

(b)equity percentage arrangements, or

(c)shared ownership trusts.

(3)Condition 2 is that the accommodation is made available in accordance with rules designed to ensure that it is made available to people whose needs are not adequately served by the commercial housing market.

(4)“Shared ownership arrangements” means arrangements under a lease which—

(a)is granted on payment of a premium calculated by reference to a percentage of either the value of the accommodation or the cost of providing it, and

(b)provides that the tenant (or the tenant’s personal representatives) will or may be entitled to a sum calculated by reference to the value of the accommodation.

(5)“Equity percentage arrangements” means arrangements under which—

(a)the owner of a freehold or leasehold interest in residential property (“the seller”) conveys it to an individual (“the buyer”),

(b)the buyer, in consideration for the conveyance—

(i)pays the seller a sum (the “initial payment”) expressed to represent a percentage of the value of the interest at the time of the conveyance, and

(ii)agrees to pay the seller other sums calculated by reference to a percentage of the value of the interest at the time when each sum is to be paid, and

(c)the liability to make any payment required by the arrangements (apart from the initial payment) is secured by a mortgage.

(6)Shared ownership trusts has the same meaning as in Schedule 9 to the Finance Act 2003 (c. 14) (stamp duty land tax).

(7)The Secretary of State may make regulations amending—

(a)the definition of “low cost home ownership accommodation”;

(b)the definition of any of the sub-categories specified in that definition.

71Shared ownership low cost rental

Accommodation which is both low cost rental accommodation and low cost home ownership accommodation is to be treated as the latter and not as the former.

72Regulations

(1)The Secretary of State may make regulations providing that specified property, or a specified class of property, is or is not to be treated as social housing for the purposes of this Part.

(2)The regulations may provide for property to be social housing despite not satisfying section 68(1)(a) or (b) where the Secretary of State thinks the property is of a kind, or is provided in circumstances, that serve the needs of a group whose needs are not adequately served by the commercial housing market.

(3)The regulations—

(a)may override section 68(2),

(b)are subject to sections 68(3) and 77, and

(c)are subject to sections 69 and 70 (but may clarify doubt about the application of those sections).

(4)The regulations—

(a)may make provision by reference to the opinion of the regulator or another specified person, and

(b)may make provision by reference to designation, agreement or other action by the regulator or another specified person.

73Leaving the social housing stock: sale

(1)A dwelling ceases to be social housing if it is sold to the tenant.

(2)Low cost rental accommodation is “sold to the tenant” when the tenant exercises a statutory or contractual right and as a result becomes the owner of—

(a)the freehold interest in the property, or

(b)the leasehold interest previously owned by the person providing the social housing.

(3)Low cost home ownership accommodation of the shared ownership kind is “sold to the tenant” when the tenant exercises a statutory or contractual right and as a result becomes the owner of—

(a)the freehold interest in the property, or

(b)the leasehold interest previously owned by the person providing the social housing.

(4)Low cost home ownership accommodation of the equity percentage kind is “sold to the tenant” when the “buyer” (see section 70(5)(a)) exercises a statutory or contractual right as a result of which the equity percentage arrangements (see section 70(5)) come to an end.

(5)Low cost home ownership accommodation of the shared ownership trust kind comes to an end when the “purchaser” (see paragraph 7(4)(a) of Schedule 9 to the Finance Act 2003 (c. 14)) exercises a statutory or contractual right as a result of which the trust comes to an end.

74Leaving the social housing stock: expired lease

(1)A dwelling ceases to be social housing if—

(a)the provider holds a leasehold interest in the dwelling, and

(b)the leasehold interest expires.

(2)A lease from an associate or subsidiary of the provider is disregarded for the purposes of subsection (1).

75Leaving the social housing stock: disposal with consent

(1)A dwelling ceases to be social housing if it is disposed of with the regulator’s consent in accordance with—

(a)Chapter 5,

(b)section 171D of the Housing Act 1985 (c. 68) (consent to certain disposals of housing obtained subject to the preserved right to buy), or

(c)section 81 or 133 of the Housing Act 1988 (c. 50) (consent to certain disposals of housing obtained from housing action trusts or local authorities).

(2)Subsection (1) does not apply to a disposal in pursuance of shared ownership arrangements or equity percentage arrangements.

(3)Subsection (1) does not apply if the consent is conditional upon the dwelling continuing to be low cost rental accommodation or low cost home ownership accommodation.

(4)A condition of that kind shall include provision for determining when the dwelling ceases to be social housing.

76Leaving the social housing stock: regulator’s direction

(1)The regulator may direct that a specified dwelling is to cease to be social housing.

(2)The regulator may make a direction only on the application of the provider.

77Housing stock under Housing Act 1996

(1)This section applies to property owned by a registered social landlord within the meaning of Part 1 of the Housing Act 1996 (c. 52) before the coming into force of section 61 of this Act.

(2)Property to which this section applies is social housing—

(a)whether or not it satisfies section 68(1)(a) or (b), and

(b)unless and until an event specified in sections 73 to 76 occurs.

(3)But property to which any of the exceptions below applies when section 61 comes into force is social housing only if the purchase, construction or renovation of the property was funded by means of a grant under—

(a)section 19 (financial assistance by the HCA),

(b)section 18 of the Housing Act 1996 (social housing grant), or

(c)section 50 of the Housing Act 1988, section 41 of the Housing Associations Act 1985 (c. 69) or section 29 or 29A of the Housing Act 1974 (c. 44) (housing association grant).

(4)Exception 1 is accommodation let on the open market.

(5)Exception 2 is accommodation made available only to students in full-time education or training.

(6)Exception 3 is a care home (within the meaning of the Care Standards Act 2000 (c. 14)) in which nursing is provided.

(7)Exception 4 is accommodation provided in response to a request by the Secretary of State under section 100 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum seekers).

(8)Exception 5 is property of a kind specified by regulations made by the Secretary of State.

Other key concepts

78Regulator of Social Housing

(1)Section 81 establishes the Office referred to in this Part as “the regulator”.

(2)Chapter 2 makes provision for the regulator’s constitution and general powers.

(3)Other provisions of this Part confer functions on the regulator.

79English bodies

(1)In this Part “English body” means—

(a)a registered charity whose address for the purposes of registration by the Charity Commission is in England,

(b)an industrial and provident society whose registered office for the purposes of the Industrial and Provident Societies Act 1965 (c. 12) is in England,

(c)a registered company which has its registered office in England,

(d)a community land trust which owns land in England, and

(e)any other person (whether or not a body corporate registered under the law of the United Kingdom) which—

(i)is not a Welsh body within the meaning of section 1A of the Housing Act 1996 (c. 52), and

(ii)makes available, or intends to make available, accommodation in England.

(2)In subsection (1)(d) “community land trust” means a body corporate which satisfies the conditions below.

(3)In those conditions “local community” means the individuals who live or work, or want to live or work, in a specified area.

(4)Condition 1 is that the body is established for the express purpose of furthering the social, economic and environmental interests of a local community by acquiring and managing land and other assets in order—

(a)to provide a benefit to the local community, and

(b)to ensure that the assets are not sold or developed except in a manner which the trust’s members think benefits the local community.

(5)Condition 2 is that the body is established under arrangements which are expressly designed to ensure that—

(a)any profits from its activities will be used to benefit the local community (otherwise than by being paid directly to members),

(b)individuals who live or work in the specified area have the opportunity to become members of the trust (whether or not others can also become members), and

(c)the members of the trust control it.

80Provider of social housing

(1)In this Chapter a reference to the provider of social housing is to be construed as follows.

Type of social housingProvider
Low cost rental accommodationThe landlord
Low cost home ownership accommodation: shared ownershipThe landlord
Low cost home ownership accommodation: equity percentage“The seller” within the meaning of section 70(5)(a)
Low cost home ownership accommodation: shared ownership trustThe “social landlord” within the meaning of paragraph 7(3) of Schedule 9 to the Finance Act 2003

(2)Chapter 3 provides for the establishment of a register of providers of social housing: persons listed in the register—

(a)may be referred to in an enactment or other instrument as “registered providers of social housing”, and

(b)are referred to in this Part as “registered providers”.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Part

The Whole Part you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Part as a PDF

The Whole Part you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources