Part 2Regulation of Social Housing

Chapter 5Disposal of propertyF1by private registered providers

Annotations:

Right to acquire

I1181Interpretation: “publicly funded”

1

The provision of a dwelling was publicly funded if any of the following conditions is satisfied.

2

Condition 1 is that—

a

the dwelling was provided by a person in fulfilment of a condition imposed by the HCA when giving assistance to the person, and

b

before giving the assistance the HCA notified the person that if it did so the provision of the dwelling would be regarded as publicly funded.

3

Condition 2 is that the dwelling was provided wholly or partly by using sums in the disposal proceeds fund of—

a

a F2private registered provider, or

b

a registered social landlord.

4

Condition 3 is that —

a

the dwelling was acquired by a F3private registered provider, or a registered social landlord, on a disposal by a public sector landlord,

b

the disposal was made on or after 1st April 1997, and

c

at the time of the disposal the dwelling was capable of being let as a separate dwelling.

5

Condition 3 is not satisfied if the dwelling was acquired in pursuance of a contract made, or option created, before 1st April 1997.

6

Condition 4 is that—

a

the dwelling was provided wholly or partly by means of a grant under section 18 or 27A of the Housing Act 1996 (c. 52), and

b

when the grant was made the recipient was notified under section 16(4) of that Act that the dwelling was to be regarded as funded by means of such a grant.