Localism Act 2011

157 Registration of tenancies of social housing

(1) The Land Registration Act 2002 is amended as follows.

(2) In section 3 (voluntary registration of title) after subsection (4) insert—

“(4A) A person may not make an application under subsection (2) in respect of a leasehold estate in land under a relevant social housing tenancy.”

(3) In section 4 (compulsory registration of title) after subsection (5) insert—

“(5A) Subsection (1) does not apply to the transfer or grant of a leasehold estate in land under a relevant social housing tenancy.”

(4) In section 27 (dispositions required to be registered) after subsection (5) insert—

“(5A) This section does not apply to—

(a) the grant of a term of years absolute under a relevant social housing tenancy, or

(b) the express grant of an interest falling within section 1(2) of the Law of Property Act 1925, where the interest is created for the benefit of a leasehold estate in land under a relevant social housing tenancy.”

(5) In section 33 (interests in respect of which notice may not be entered on the register) after paragraph (b) insert—

“(ba) an interest under a relevant social housing tenancy,”.

(6) In section 132(1) (interpretation) at the appropriate places insert—

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

• ““dwelling-house” has the same meaning as in Part 1 of the Housing Act 1988;”;

• ““flexible tenancy” has the meaning given by section 107A of the Housing Act 1985;”;

• ““long tenancy” means a tenancy granted for a term certain of more than 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture;”;

• ““relevant social housing tenancy” means—

  (a)

  a flexible tenancy, or

  (b)

  an assured tenancy of a dwelling-house in England granted by a private registered provider of social housing, other than a long tenancy or a shared ownership lease;”;

• ““shared ownership lease” means a lease of a dwelling-house—

  (a)

  granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or

  (b)

  under which the lessee (or the lessee’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house;”.

(7) In Schedule 1 (unregistered interests which override first registration) after paragraph 1 insert—

“Relevant social housing tenancies

1A A leasehold estate in land under a relevant social housing tenancy.”

(8) In Schedule 3 (unregistered interests which override registered dispositions) after paragraph 1 insert—

“Relevant social housing tenancies

1A A leasehold estate in land under a relevant social housing tenancy.”