The Transfer of Tenancies and Right to Acquire (Exclusion) Regulations 2012

Interpretation

2.—(1) In these Regulations—

“the 1985 Act” means the Housing Act 1985(1);

“the 2008 Act” means the Housing and Regeneration Act 2008;

“the 2011 Act” means the Localism Act 2011;

“Affordable Rent” means the rent payable in respect of a fixed term assured shorthold tenancy with a minimum two year term where the rent—

(a)

is excluded from the National Rent Regime, but

(b)

is regulated under a standard controlling rents set by the Regulator of Social Housing under section 194 of the 2008 Act which requires the initial rent to be set at no more than 80% of local market rent (including service charges);

“dwelling” has the meaning given in section 275 of the 2008 Act;

“funding condition” means a condition imposed by the Homes and Communities Agency or, in London, the Greater London Authority, when giving a grant to a private registered provider for the provision of social housing;

“Intermediate Rent” means the rent payable in respect of a periodic or fixed term assured shorthold tenancy where the rent—

(a)

is excluded from the National Rent Regime and is not regulated under a standard controlling rents set by the Regulator of Social Housing under section 194 of the 2008 Act, but

(b)

is subject to a funding condition which requires it to be no more than 80% of local market rent;

“Mortgage Rescue Rent” means the rent payable in respect of an assured shorthold tenancy of a dwelling let on a fixed term of three years where—

(a)

the freehold or superior leasehold of the dwelling was purchased by a private registered provider of social housing due to mortgage arrears; and

(b)

the rent is not included in the National Rent Regime, but is subject to a funding condition which requires it to be no more than 80% of local market rent;

“National Rent Regime” is the rent influencing regime set out in the Housing Corporation document of October 2001 and entitled “Rent influencing regime”, supplemented by the Explanatory Note to Decision Instrument No.5, issued by the Regulator of Social Housing to accompany its decision of 13th April 2011 entitled “Revision to the Tenancy Standard: Affordable Rent” (2);

“private registered provider” and “social housing” have the same meanings as in the 2008 Act(3);

“shared ownership rent” means the rent payable in respect of a lease of the kind referred to in section 70(4) of the 2008 Act.

(1)

1985 c. 68.

(2)

“Rent influencing regime: implementing the rent restructuring framework”, October 2001, Housing Corporation. (This guidance is available to download at http://www.tenantservicesauthority.org/upload/pdf/rentir.pdf). Decision and Explanatory Note issued by Regulator of Social Housing available at—http://www.tenantservicesauthority.org/upload/pdf/Decision_Statement_5_-_Final2.pdf; http://www.tenantservicesauthority.org/upload/pdf/AR_Explantory_Note_-_Final.pdf).

(3)

See sections 80(3) and 68-70 of that Act respectively.