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Housing and Regeneration Act 2008

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This is the original version (as it was originally enacted).

Regulator’s consent

172Requirement of consent

(1)Disposal of a dwelling by a registered provider requires the regulator’s consent if the dwelling is social housing.

(2)The regulator shall not consent to a disposal by a non-profit registered provider which it thinks is being made with a view to enabling the provider to distribute assets to members.

(3)Consent is not required under this section if the disposal falls within an exception listed in section 173.

173Exceptions

(1)This section lists exceptions to the requirement of consent in section 172.

(2)Exception 1 is that consent is not required for disposal by a registered provider by way of—

(a)an assured tenancy,

(b)an assured agricultural occupancy,

(c)an arrangement that would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8, 12(1)(h) and 12ZA to 12B of Schedule 1 to the Housing Act 1988 (c. 50) (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 (c. 68) (exclusions).

(3)Exception 2 is that consent is not required for a disposal for which consent is required under—

(a)section 81 or 133 of the Housing Act 1988, or

(b)section 173 of the Local Government and Housing Act 1989 (c. 42).

(4)Exception 3 is that consent is not required for a disposal under Part V of the Housing Act 1985 (right to buy).

(5)Exception 4 is that consent is not required for a disposal in pursuance of a tenant’s right to acquire under—

(a)section 180, or

(b)section 16 of the Housing Act 1996 (c. 52) (tenant’s right to acquire social housing in Wales).

174Procedure

(1)Consent may be—

(a)general, or

(b)specific (whether as to particular registered providers, as to particular property, as to particular forms of disposal or in any other way).

(2)Consent may be retrospective.

(3)Consent may be expressed by reference to a policy for disposals submitted by a registered provider.

(4)Consent may be conditional.

(5)Before giving consent the regulator must consult—

(a)the HCA,

(b)one or more bodies appearing to it to represent the interests of registered providers, and

(c)one or more bodies appearing to it to represent the interests of tenants.

(6)Subsection (5) does not apply to specific consent relating only to one or more particular registered providers or properties.

175Disposal without consent

(1)A purported disposal by a registered provider is void if—

(a)it requires the regulator’s consent, and

(b)the regulator has not given consent.

(2)But subsection (1) does not apply to a disposal by a non-profit registered provider to one or more individuals (“the buyer”) if—

(a)the disposal is of a single dwelling, and

(b)the registered provider reasonably believes at the time of the disposal that the buyer intends to use the property as the buyer’s principal residence.

176Notification where disposal consent not required

(1)If a non-profit registered provider disposes of land other than a dwelling which is social housing it shall notify the regulator as soon as is reasonably practicable.

(2)The regulator may give a direction dispensing with the notification requirement.

(3)Section 174(1) and (3) to (6) applies to a direction under this section as it applies to consent under section 172.

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