Part 13Other special types of company etc
Chapter 7Co-operative housing associations
647Claims under section 642 or 643
1
A claim under section 642 or 643 must be made—
a
within two years after the end of the accounting period to which it relates, or
b
if it relates to part of an accounting period, within two years after the end of that accounting period.
2
A housing association must not make a claim under section 642 or 643 for an accounting period or part of an accounting period unless—
a
the requirements in subsection (3) were complied with during that period or part, or
b
the association reasonably considers that those requirements were substantially complied with during that period or part.
3
The requirements are that—
a
no property belonging to the association was let otherwise than to a member of the association,
b
only persons who were then members of the association occupied (whether solely or jointly with another person) any property, or any part of any property, let by the association,
c
the association satisfied each of tests A to C in section 645 and complied with any conditions that were in force by virtue of section 645(6), and
d
any covenants required to be included in grants of tenancies by those conditions were observed.
4
If a member of a housing association dies and another person occupies a property, or part of a property, in accordance with the member's will or the provisions applicable on the member's intestacy, that person's occupation during the first 6 months after the death does not infringe the requirement in subsection (3)(b).