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The Transfer of Tenancies and Right to Acquire (Exclusion) Regulations 2012

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Statutory Instruments

2012 No. 696

Housing, England

The Transfer of Tenancies and Right to Acquire (Exclusion) Regulations 2012

Made

5th March 2012

Laid before Parliament

8th March 2012

Coming into force

1st April 2012

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 158(10) of the Localism Act 2011(1) and 180(2A) of the Housing and Regeneration Act 2008(2):

Citation, commencement and extentE+W

1.—(1) These Regulations may be cited as the Transfer of Tenancies and Right to Acquire (Exclusion) Regulations 2012 and come into force on 1st April 2012.

[F1(2)] These Regulations apply only in relation to dwellings in England.

Textual Amendments

Commencement Information

I1Reg. 1 in force at 1.4.2012, see reg. 1(1)

InterpretationE+W

2.  F2In these Regulations—

“the 1985 Act” means the Housing Act 1985(3);

“the 2008 Act” means the Housing and Regeneration Act 2008;

“the 2011 Act” means the Localism Act 2011;

“Affordable Rent” means the rent payable in respect of a fixed term assured shorthold tenancy with a minimum two year term where the rent—

(a)

F3...

(b)

is regulated under a [F4rent standard] which requires the initial rent to be set at no more than 80% of local market rent (including service charges);

“dwelling” has the meaning given in section 275 of the 2008 Act;

“funding condition” means a condition imposed by the Homes and Communities Agency or, in London, the Greater London Authority, when giving a grant to a private registered provider for the provision of social housing;

“Intermediate Rent” means the rent payable in respect of a periodic or fixed term assured shorthold tenancy [F5, or a private assured tenancy,] where the rent—

(a)

[F6is not regulated under a rent standard,] but

(b)

is subject to a funding condition which requires it to be no more than 80% of local market rent;

“Mortgage Rescue Rent” means the rent payable in respect of an assured shorthold tenancy of a dwelling let on a fixed term of three years [F7, or a private assured tenancy,] where—

(a)

the freehold or superior leasehold of the dwelling was purchased by a private registered provider F8... due to mortgage arrears; and

(b)

the rent F9... is subject to a funding condition which requires it to be no more than 80% of local market rent;

F10...

[F11“private assured tenancy” means an assured tenancy which is not a social housing assured tenancy within the meaning given by section 145(8) of the Renters’ Rights Act 2025;]

“private registered provider” and “social housing” have the same meanings as in the 2008 Act(4);

[F12“rent standard” means a standard controlling rents set by the Regulator of Social Housing under section 194(2A) of the 2008 Act;]

“shared ownership rent” means the rent payable in respect of a lease of the kind referred to in section 70(4) of the 2008 Act.

Textual Amendments

Commencement Information

I2Reg. 2 in force at 1.4.2012, see reg. 1(1)

Exclusion of certain assured F13... tenancies from transfer of tenancy provisionsE+W

3.  Section 158 of the 2011 Act does not apply in relation to—

(a)an assured shorthold tenancy for a fixed term of less than two years,

(b)a periodic assured shorthold tenancy,

(c)an assured shorthold tenancy [F14, or a private assured tenancy,] where the rent payable under the tenancy is—

(i)Affordable Rent;

(ii)Intermediate Rent;

(iii)Mortgage Rescue rent; or

(iv)shared ownership rent

(and accordingly, the transfer of tenancy provisions in that section do not apply in relation to [F15such tenancies]).

Textual Amendments

Commencement Information

I3Reg. 3 in force at 1.4.2012, see reg. 1(1)

Exclusion of certain assured F16... tenancies from the Right to AcquireE+W

4.  The following are not tenancies within section 180(2) of the 2008 Act—

(a)an assured shorthold tenancy for a fixed term of less than two years,

(b)a periodic assured shorthold tenancy, or

(c)an assured shorthold tenancy [F17, or a private assured tenancy,] where the rent payable under the tenancy is—

(i)Intermediate Rent, or

(ii)Mortgage Rescue rent

(and accordingly, the right to acquire referred to in that section does not apply in relation to [F18such tenancies]).

Textual Amendments

Commencement Information

I4Reg. 4 in force at 1.4.2012, see reg. 1(1)

Signed by the authority of the Secretary of State for Communities and Local Government

Grant Shapps

Minister of State

Department for Communities and Local Government

5th March 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations set out descriptions of assured shorthold tenancies that are excluded from tenancy transfer under section 158 of the Localism Act 2011 and the right to acquire under sections 180 to 185 of the Housing and Regeneration Act 2008.

The right to transfer the terms of an existing secure or assured tenancy was introduced by section 158 of the 2011 Act to protect tenants’ security of tenure if they moved to another property by agreement with the other tenant(s) and both landlords.

The tenant’s right to acquire their dwelling is set out at Section 180 of the 2008 Act, as amended by the 2011 Act. This provides that a tenant of a private registered provider in England has the right to acquire their dwelling after five years as a public sector tenant, subject to conditions set out in the 2008 Act.

These Regulations disapply the right to transfer of tenancies and the right to acquire for certain types of tenancy set out regulations 3 and 4.

A full regulatory impact assessment has not been produced for this instrument, as the impact on the private or voluntary sectors is limited to excluding certain tenants from rights introduced by the Localism Act 2011.

(2)

2008 c.17. Subsection (2A) is inserted into section 180 of the Housing and Regeneration Act 2008 by section 165(3) of the Localism Act 2011.

(4)

See sections 80(3) and 68-70 of that Act respectively.

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