SCHEDULES

SCHEDULE 14Buildings which are not HMOs for purposes of this Act (excluding Part 1)

Buildings controlled or managed by public sector bodies etc.

2

1

A building where the person managing or having control of it is—

a

a local housing authority,

F2aa

a non-profit registered provider of social housing,

b

a body which is registered as a social landlord under Part 1 of the Housing Act 1996 (c. 52),

F4c

a police and crime commissioner,

d

the Mayor's Office for Policing and Crime,

e

a fire and rescue authority, or

f

a health service body within the meaning of F1section 9 of the National Health Service Act 2006.

2

In sub-paragraph (1)(e) “ fire and rescue authority ” means a fire and rescue authority under the Fire and Rescue Services Act 2004 (c. 21).

F32A

A building—

a

which is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and

b

where the person managing or having control of it is a profit-making registered provider of social housing.

2BF5Buildings controlled or managed by a co-operative society

1

A building where—

a

the person managing or having control of it is a co-operative society whose rules are such as to secure that each of the conditions set out in sub-paragraph (2) is met, and

b

no person who occupies premises in the building does so by virtue of an assured tenancy, a secure tenancy or a protected tenancy.

2

The conditions are—

a

that membership of the society is restricted to persons who are occupiers or prospective occupiers of buildings managed or controlled by the society,

b

that all management decisions of the society are made by the members (or a specified quorum of members) at a general meeting which all members are entitled to, and invited to, attend,

c

that each member has equal voting rights at such a meeting, and

d

that, if a person occupies premises in the building and is not a member, that person is an occupier of the premises only as a result of sharing occupation of them with a member at the member's invitation.

3

For the purposes of sub-paragraph (1) “co-operative society” means a body that—

a

F6is registered as a co-operative society under the 2014 Act or is a pre-commencement society (within the meaning of that Act) that meets the condition in section 2(2)(a)(i) of that Act, and

b

is neither—

i

a non-profit registered provider of social housing, nor

ii

registered as a social landlord under Part 1 of the Housing Act 1996.

4

In this paragraph—

  • F7the 2014 Act” means the Co-operative and Community Benefit Societies Act 2014;

  • assured tenancy” has the same meaning as in Part 1 of the Housing Act 1988;

  • protected tenancy” has the same meaning as in the Rent Act 1977;

  • secure tenancy” has the same meaning as in Part 4 of the Housing Act 1985.