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Housing and Regeneration Act 2008

Section 174 - Procedure

512.This section sets out the procedure for the regulator giving consent to disposals.

513.Subsection (1) states that consent may be either general or specific. Together with subsection (4)(which states that consent may be conditional), this broadly replicates the effect of section 9(2) of the 1996 Act. This allows the regulator to give consent either for a broad class of disposals, or for individual properties, or properties belonging to an individual landlord.

514.Subsection (2) states that consent may be retrospective.

515.Subsection (3) states that consent may be expressed by reference to a policy for disposal submitted by a registered provider.

516.Subsection (5) requires the regulator, before giving a consent, to consult:

a)

the HCA,

b)

one or more bodies appearing to it to represent the interests of registered providers, and

c)

one or more bodies appearing to it to represent the interests of tenants.

517.Subsection (6) states that subsection (5) does not apply to specific consent relating only to one or more particular registered providers or properties. The regulator would therefore have to consult the bodies listed before giving a general consent which covered a wide range of properties, or properties owned by a large number of bodies, but not when giving a specific consent.

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