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SCHEDULE 6E+WREASONABLENESS OF WITHHOLDING CONSENT ETC.

PART 2E+WCIRCUMSTANCES WHICH MAY BE RELEVANT TO REASONABLENESS GENERALLY

Circumstances of landlordE+W

7(1)The landlord's interests, including the landlord's financial interests.E+W

(2)If the landlord is a community landlord, the probable effect of the transaction on its ability to fulfil its housing functions.

(3)Whether (and if so, when) a person would obtain a dwelling (or a dwelling similar to the dwelling affected by the transaction) from the landlord if the transaction did not take place.

(4)If the landlord is required to publish a summary of rules under section 106 of the Housing Act 1985 (c. 68) (allocation of housing accommodation), those rules.

(5)If the landlord is a local housing authority, its allocation scheme (within the meaning of section 167 of the Housing Act 1996 (c. 52)) and any information available under section 167(4A) of that Act to a person applying for an allocation of housing accommodation.

(6)If neither sub-paragraph (4) nor sub-paragraph (5) applies but the landlord has criteria for the allocation of accommodation, those criteria.

Commencement Information

I1Sch. 6 para. 7 in force at 1.12.2022 by S.I. 2022/906, art. 2

8(1)The landlord's refusal of consent to a transaction is reasonable if—E+W

(a)the landlord is a local housing authority, and

(b)as a result of the transaction a person who is ineligible (or is to be treated as ineligible) for an allocation of housing accommodation by the landlord will become a contract-holder.

(2)Sub-paragraph (1) does not apply to a transfer to a potential successor under section 114 or to a secure contract-holder under section 118.

(3)Whether a person is ineligible, or is to be treated as ineligible, for an allocation of housing accommodation by the landlord is to be determined in accordance with section 160A of the Housing Act 1996 (c. 52) and regulations under that section.

Commencement Information

I2Sch. 6 para. 8 in force at 1.12.2022 by S.I. 2022/906, art. 2