Welfare Reform and Work Act 2016

29 Change of registered provider

(1) This section applies if—

(a) particular social housing of a registered provider becomes social housing of another registered provider (“the transferee”), and

(b) the social housing is subject to a tenancy that began before the social housing became the transferee’s social housing.

(2) Sections 23 to 27 and Schedule 2 have effect in relation to the amount of rent payable by the tenant under the tenancy as if—

(a) the transferee’s relevant years were the same as the initial registered provider’s relevant years, and

(b) rent payable by the tenant before the social housing became the transferee’s social housing were rent payable to the transferee in respect of such earlier periods.

(3) Subsection (4) applies if, immediately before the social housing became the transferee’s social housing, a requirement imposed by or under section 23 or 27 or Part 1 of Schedule 2 was disapplied or modified as regards the social housing—

(a) by a direction under section 25 or paragraph 6 of Schedule 2, or

(b) under section 27(9).

(4) If the social housing becomes the transferee’s social housing otherwise than at the beginning of a relevant year of the initial registered provider, the requirement continues not to apply or continues to apply as modified (as the case may be) until—

(a) the relevant year of the initial registered provider current when the social housing becomes the transferee’s social housing comes to an end, or

(b) if earlier, the tenancy comes to an end.

(5) In this section a reference to a relevant year of an initial registered provider includes, in the case of an initial registered provider that has ceased to exist, a reference to what would have been a relevant year of an initial registered provider if it had not ceased to exist.

(6) In this section “initial registered provider”, in relation to a tenancy of social housing, means the first registered provider which—

(a) was subject to a requirement imposed by or under section 23 or 27 or Part 1 of Schedule 2 as regards the tenancy, or

(b) would have been so subject but for its being disapplied—

(i) by or under section 24 or paragraph 5 of Schedule 2, or

(ii) by a direction under section 25 or paragraph 6 of Schedule 2 or under section 27(9).