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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations set out descriptions of assured shorthold tenancies that are excluded from tenancy transfer under section 158 of the Localism Act 2011 and the right to acquire under sections 180 to 185 of the Housing and Regeneration Act 2008.

The right to transfer the terms of an existing secure or assured tenancy was introduced by section 158 of the 2011 Act to protect tenants’ security of tenure if they moved to another property by agreement with the other tenant(s) and both landlords.

The tenant’s right to acquire their dwelling is set out at Section 180 of the 2008 Act, as amended by the 2011 Act. This provides that a tenant of a private registered provider in England has the right to acquire their dwelling after five years as a public sector tenant, subject to conditions set out in the 2008 Act.

These Regulations disapply the right to transfer of tenancies and the right to acquire for certain types of tenancy set out regulations 3 and 4.

A full regulatory impact assessment has not been produced for this instrument, as the impact on the private or voluntary sectors is limited to excluding certain tenants from rights introduced by the Localism Act 2011.