Housing and Regeneration Act 2008 (c. 17)

Part 2 E+W Regulation of Social Housing

Modifications etc. (not altering text)

C1 Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Chapter 8 E+W General

Interpretation E+W

270 Officer E+W

The Table gives the meaning of “officer” in relation to registered providers.

[F1 private registered provider]	Meaning of “officer”
Registered charity which is not a registered company	Trustee, secretary or treasurer
[F2 Registered society]	“Officer” within the meaning given by [F3 section 149 of the Co-operative and Community Benefit Societies Act 2014] (including a person co-opted to serve on the society's committee)
Registered company	“Officer” within the meaning given by section 1173 of the Companies Act 2006

Textual Amendments

F1 Words in s. 270 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 75

F2 Words in Act substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 123 (with Sch. 5)

F3 Words in s. 270 substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 134 (with Sch. 5)

Commencement Information

I1 S. 270 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

271 Subsidiary and associate E+W

(1) A company is a “subsidiary” of a person if any of the following conditions is satisfied.

(2) Condition 1 is that the person—

(a) is a member of the company, and

(b) has power, independent of any other person, to appoint or remove all or a majority of the board of directors.

(3) Condition 2 is that the person holds more than half in nominal value of the company's equity share capital.

(4) Condition 3 is that the company is a subsidiary, within the meaning of the Companies Act 2006 (c. 46) or [F4 Part 7 of the Co-operative and Community Benefit Societies Act 2014], of a company which is a subsidiary of the person by virtue of Condition 1 or 2.

(5) In relation to a company which is [F5 a registered society] a reference to the board of directors is a reference to the committee of management.

(6) “Associate” of a provider means—

(a) a body of which the provider is a subsidiary, and

(b) any other subsidiary of that body.

Textual Amendments

F4 Words in s. 271(4) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 135 (with Sch. 5)

F5 Words in Act substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 122 (with Sch. 5)

Commencement Information

I2 S. 271 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

272 Family E+W

(1) For the purposes of this Part one person is a member of the family of another if—

(a) they are, or live together as if they were, spouses or civil partners, or

(b) one is the parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the other.

(2) For those purposes—

(a) a relationship by marriage or civil partnership shall be treated as a relationship by blood (and, in particular, P's stepchild shall be treated as P's child), and

(b) a relationship by half-blood shall be treated as a relationship by whole blood.

Commencement Information

I3 S. 272 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

273 Disposal E+W

(1) In this Part a reference to disposing of property is a reference to—

(a) selling it,

(b) leasing it,

(c) mortgaging it,

(d) making it subject to a charge, and

(e) disposing of it, or of any interest in it, in any other way.

(2) Granting an option to require a disposal shall be treated as making a disposal.

Commencement Information

I4 S. 273 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

F6 274 Charities that have “received public assistance” E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 S. 274 omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 41; S.I. 2023/1001, reg. 2(y)(xi)

275 General E+W

In this Part, except where the context requires otherwise—

• “action” includes inaction, proposed action and decision,

• “assured agricultural occupancy” has the same meaning as in Part 1 of the Housing Act 1988,

• “assured tenancy” has the same meaning as in that Part,

• “the Charity Commission” means the Charity Commission for England and Wales,

• “committee”, in relation to [F7 a registered society], means the committee of management or other directing body of the society (including any person co-opted to serve on the committee, whether a member of the society or not),

• “consent” means written consent,

• “constitution” includes rules,

• [F8 “contract-holder” has the meaning given in section 7 (see also section 48) of the Renting Homes (Wales) Act 2016 (anaw 1),]

• “conveyance” includes grant, assignment and any other instrument,

• “district valuer” has the meaning given by section 622 of the Housing Act 1985 (c. 68),

• “dwelling”—

  (a)

  means a house, flat or other building or part of a building occupied or intended to be occupied as a separate dwelling, and

  (b)

  includes any garden, yard, outhouse or other appurtenance belonging to, or usually enjoyed with, the dwelling,

• “the HCA” means the Homes and Communities Agency,

• [F9 “housing ombudsman” means a housing ombudsman appointed in accordance with a scheme approved under Schedule 2 to the Housing Act 1996,]

• F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F11 “local authority” means—

  (a)

  the council of a county in England,

  (b)

  a district council,

  (c)

  a London borough council,

  (d)

  the Common Council of the City of London, or

  (e)

  the Council of the Isles of Scilly;]

• “local housing authority” has the same meaning as in the Housing Act 1985,

• “maintenance” includes repair,

• [F12 “mismanagement”, in relation to the affairs of a registered provider, means managed in breach of any legal requirements (imposed by or under an Act or otherwise);]

• “non-registrable charity” means a charity which is not required to be registered, in accordance with [F13 section 30 of the Charities Act 2011,]

• “notice” means written notice (and to “notify” means to give written notice),

• [F8 “occupation contract” has the meaning given in section 7 of the Renting Homes (Wales) Act 2016,]

• [F14 "preferential creditor", "preferential debt”, “ordinary preferential debt”[F15 , “ordinary non-preferential debt”, “secondary preferential debt”, “secondary non-preferential debt”, “tertiary non-preferential debt” and “relevant financial institution”]] have the same meaning as in the Insolvency Act 1986 (c. 45),

• “price” includes premium,

• “registered charity” means a charity registered under [F16 the Charities Act 2011,]

• “registered company” means a company within the meaning of the Companies Act 2006 (c. 46),

• [F17 “registered society” has the same meaning as in the Co-operative and Community Benefit Societies Act 2014,]

• “rent” includes payments under a licence to occupy accommodation,

• “representations” means written representations,

• “secure tenancy” has the same meaning as in Part 4 of the Housing Act 1985 (c. 68),

• “secured creditor” means a creditor who holds a mortgage or charge (including a floating charge) over—

  (a)

  land held by a registered provider, or

  (b)

  a present or future interest of a registered provider in rents or other receipts from land,

• “tenant” in relation to social housing includes other occupiers, and

• F18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Words in Act substituted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by Co-operative and Community Benefit Societies Act 2014 (c. 14), Sch. 4 para. 122 (with Sch. 5)

F8 Words in s. 275 inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 29(4)

F9 Words in s. 275 inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 5(5), 46(3); S.I. 2023/1001, reg. 2(d)

F10 Words in s. 275 omitted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by virtue of Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 136(a) (with Sch. 5)

F11 Words in s. 275 substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 42; S.I. 2023/1001, reg. 2(y)(xii)

F12 Words in s. 275 substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 4 para. 38; S.I. 2017/75, reg. 4

F13 Words in s. 275 substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 135(a) (with s. 20(2), Sch. 8)

F14 Words in s. 275 substituted (1.1.2015) by The Banks and Building Societies (Depositor Preference and Priorities) Order 2014 (S.I. 2014/3486), arts. 1(2), 30(3) (with art. 3)

F15 Words in s. 275 substituted (19.12.2018) by The Banks and Building Societies (Priorities on Insolvency) Order 2018 (S.I. 2018/1244), arts. 1(2), 40(3) (with art. 3)

F16 Words in s. 275 substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 135(b) (with s. 20(2), Sch. 8)

F17 Words in s. 275 inserted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 136(b) (with Sch. 5)

F18 Words in s. 275 omitted (5.7.2018) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 6 para. 9; S.I. 2018/805, reg. 3(c) (with reg. 4)

Modifications etc. (not altering text)

C2 S. 275 modified (28.12.2020 until IP completion day when the amending provision ceases to have effect in accordance with reg. 1(4) of the amending S.I.) by The Bank Recovery and Resolution (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1350), regs. 1(4), 124(b) (with reg. 108)

Commencement Information

I5 S. 275 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I6 S. 275 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

276 Index of defined terms E+W

The Table lists expressions defined in this Part.

Expression	Section
F19 . . .	F19 . . .
[F20 Appointed member]	[F20 Section 80B]
Associate	Section 271
Assured agricultural occupancy	Section 275
Assured tenancy	Section 275
[F21 Censure notice]	[F21 Section 269A]
[F22 The chair]	[F22 Section] [F23 80B]
Charity Commission	Section 275
Committee ([F24 registered society])	Section 275
Compensation notice	Section 240
Consent	Section 275
Constitution	Section 275
[F25 Contract-holder	Section 275]
Conveyance	Section 275
Disposal	Section 273
District valuer	Section 275
Dwelling	Section 275
Enforcement notice	Sections 219 to 225
Equity percentage arrangements	Section 70(5)
F26 . . .	F26 . . .
Family	Section 272
Financial year	Section 104
[F27 Financial Year]	[F27 Section 100E]
Fundamental objectives	[F28 Section 92K]
The HCA	Section 275
F29 . . .	F29 . . .
F26 . . .	F26 . . .
Local authority	Section 275
Local housing authority	Section 275
Low cost home ownership accommodation	Section 70
Low cost rental accommodation	Section 69
Maintenance	Section 275
Mismanagement	Section 275
Non-profit organisation	Section 115
Non-registrable charity	Section 275
Notice	Section 275
[F25 Occupation contract	Section 275]
Officer	Section 270
[F30 Ordinary non-preferential debt	Section 275]
[F31 Ordinary preferential debt	Section 275]
Penalty notice	Section 228
Pre-compensation warning	Section 242
Pre-penalty warning	Section 230
Preferential creditor	Section 275
Preferential debt	Section 275
Price	Section 275
[F21 Private registered provider (of social housing)]	[F21 Section 80]
Profit-making organisation	Section 115
Provider (of social housing)	Section 80
F32 . . .	F32 . . .
Registered charity	Section 275
Registered company	Section 275
Registered provider (of social housing)	Section 80
[F33 Registered society	Section 275]
The regulator	[F34 Section] [F35 80A]
The Regulator of Social Housing	[F36 Section] [F37 80A]
[F30 Relevant financial institution	Section 275]
Rent	Section 275
Representations	Section 275
[F30 Secondary non-preferential debt	Section 275]
[F31 Secondary preferential debt	Section 275]
Secure tenancy	Section 275
Secured creditor	Section 275
Shared ownership arrangements	Section 70(4)
Shared ownership trust	Section 70(6)
Social housing	Section 68
Subsidiary	Section 271
Tenant	Section 275
[F30 Tertiary non-preferential debt	Section 275]
F38 . . .	F38 . . .

Textual Amendments

F19 S. 276 entry repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 53(2), Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)

F20 Words in s. 276 inserted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 36(a) (with Pt. 4)

F21 S. 276 entries inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 1 para. 76

F22 Words in s. 276 inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 53(6); S.I. 2012/57, art. 4(1)(t)(iii) (with arts. 6, 7, 9-11)

F23 Word in s. 276 substituted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 36(b) (with Pt. 4)

F24 Words in Act substituted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by Co-operative and Community Benefit Societies Act 2014 (c. 14), Sch. 4 para. 123 (with Sch. 5)

F25 Words in s. 276 inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 29(5)

F26 Words in s. 276 omitted (1.10.2018) by virtue of The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 36(f) (with Pt. 4)

F27 Words in s. 276 inserted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 36(c) (with Pt. 4)

F28 Words in s. 276 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 53(3); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F29 Words in s. 276 omitted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by virtue of Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 137(a) (with Sch. 5)

F30 Words in s. 276 inserted (19.12.2018) by The Banks and Building Societies (Priorities on Insolvency) Order 2018 (S.I. 2018/1244), arts. 1(2), 40(4) (with art. 3)

F31 Words in s. 276 inserted (1.1.2015) by The Banks and Building Societies (Depositor Preference and Priorities) Order 2014 (S.I. 2014/3486), arts. 1(2), 30(4) (with art. 3)

F32 Words in s. 276 omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 43(c); S.I. 2023/1001, reg. 2(y)(xiii)

F33 Words in s. 276 inserted (1.8.2014 immediately after s. 1 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 comes into force) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 137(b) (with Sch. 5)

F34 Words in s. 276 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 53(4); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F35 Word in s. 276 substituted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 36(d) (with Pt. 4)

F36 Words in s. 276 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 53(5); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F37 Word in s. 276 substituted (1.10.2018) by The Legislative Reform (Regulator of Social Housing) (England) Order 2018 (S.I. 2018/1040), art. 1(2), Sch. para. 36(e) (with Pt. 4)

F38 Words in s. 276 omitted (5.7.2018) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 6 para. 10; S.I. 2018/805, reg. 3(c)

Modifications etc. (not altering text)

C3 S. 276 modified (28.12.2020 until IP completion day when the amending provision ceases to have effect in accordance with reg. 1(4) of the amending S.I.) by The Bank Recovery and Resolution (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1350), regs. 1(4), 124(c) (with reg. 108)

Commencement Information

I7 S. 276 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I8 S. 276 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

Miscellaneous E+W

[F39 276A Exercise of powers: land with a Crown or Duchy interest E+W

(1) The powers in Chapters 6 and 7 are exercisable in relation to premises which are on land in which there is a Crown interest or a Duchy interest.

(2) A “Crown interest” means—

(a) an interest belonging to His Majesty in right of the Crown, or

(b) an interest belonging to a government department or held in trust for His Majesty for the purposes of a government department.

(3) A “Duchy interest” means an interest belonging to His Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.]

Textual Amendments

F39 S. 276A inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 35, 46(3); S.I. 2023/1001, reg. 2(p)

[F40 276B Data protection E+W

(1) This section applies to a duty or power to process information where the duty or power is imposed or conferred by or by virtue of any provision of this Part.

(2) A duty or power to which this section applies does not operate to require or authorise the processing of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the processing would contravene that legislation).

(3) In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

Textual Amendments

F40 S. 276B inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 44; S.I. 2023/1001, reg. 2(y)(xiv)

277 Consequential amendments E+W

Schedule 9 (which contains amendments of enactments) has effect.

Commencement Information

I9 S. 277 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I10 S. 277 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 3 (with arts. 6-13)

I11 S. 277 in force at 1.4.2009 for specified purposes by S.I. 2009/803, art. 8(1)

I12 S. 277 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

278 Transitional E+W

(1) The regulator shall include in the register under section 111 on its establishment anyone—

(a) who was registered under section 1 of the Housing Act 1996 (c. 52) (register of social landlords) immediately before section 61 came into force, and

(b) in relation to whom the Relevant Authority was the Housing Corporation (in accordance with section 56 of that Act).

(2) A person registered under this section shall be designated as a non-profit organisation.

Commencement Information

I13 S. 278 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

[F41 278A Power to nominate for consultation purposes E+W

(1) The Secretary of State may for the purposes of the following provisions of this Part nominate a body appearing to the Secretary of State to represent the interests of tenants of social housing in England—

(a) section 112(4);

F42 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) section 196(1);

(d) section 197(4);

(e) section 216.

(2) The Secretary of State must notify the regulator of any nomination (or withdrawal of any nomination) under this section.]

Textual Amendments

F41 S. 278A inserted (12.11.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 26(2), 148(1)(c)

F42 S. 278A(1)(b) omitted (20.9.2023) by virtue of Social Housing (Regulation) Act 2023 (c. 36), s. 46(3), Sch. 5 para. 45; S.I. 2023/1001, reg. 2(y)(xv)