Housing and Regeneration Act 2008

35 Duty to give financial assistance in respect of certain disposals E+W

(1) The HCA must exercise its powers under section 19 to give financial assistance by way of grant to a relevant provider of social housing in respect of any discount given by the provider—

(a) to a person exercising the right to acquire conferred by section 180, or

(b) on a disposal of a dwelling in England by the provider to a qualifying tenant otherwise than in pursuance of the right conferred by that section.

(2) In subsection (1)(b) “qualifying tenant” means a tenant who was entitled to exercise the right to acquire conferred by section 180, or by section 16 of the Housing Act 1996 (c. 52), in relation to a dwelling of the relevant provider of social housing other than the dwelling being disposed of by the provider.

(3) The amount of the grant given by virtue of subsection (1)(a) to a relevant provider of social housing for any year is to be the aggregate value of the discounts given by that provider in that year.

(4) The amount of the grant given by virtue of subsection (1)(b) to a relevant provider of social housing must not exceed the amount of the discount to which the tenant would have been entitled in respect of the other dwelling.

(5) The HCA must specify—

(a) the procedure to be followed in relation to applications for a grant by virtue of this section,

(b) in the case of a grant by virtue of subsection (1)(b), the method for calculating, and any other limitations on, the amount of the grant,

(c) the manner in which, and time or times at which, a grant by virtue of this section is to be paid,

(d) any other terms or conditions on which such a grant is given.

(6) In this section—

• “dwelling” has the same meaning as in Part 2,

• “[F1 private registered provider] of social housing” includes a person falling within section 180(3),

• “registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996,

• “relevant provider of social housing” means—

  (a)

  a [F2 private registered provider] of social housing, or

  (b)

  a registered social landlord,

• “tenant” has the same meaning as in Part 2.

Textual Amendments

F1 Words in s. 35(6) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 26(3)(a)

F2 Words in s. 35(6) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 26(3)(b)

Commencement Information

I1 S. 35 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)