Housing Act 1996

• Citation: 1996 c. 52
• Sections: 565

A1 Introduction

This Chapter provides for the registration of social landlords in Wales.

Section 1 The register of social landlords.

(1) The Welsh Ministers shall maintain a register of social landlords which shall be open to inspection at all reasonable times . . ..

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1A Welsh bodies

In this Chapter “ Welsh body ” means a body which is—

(a) a registered charity whose address, for the purposes of registration by the Charity Commission for England and Wales, is in Wales,

(b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 (in this Part, a “registered society”) whose registered office for the purposes of that Act is in Wales, or

(c) a company within the meaning of the Companies Act 2006 which has its registered office for the purposes of that Act in Wales.

Section 2 Eligibility for registration.

(1) A Welsh body is eligible for registration as a social landlord if it is—

(a) a registered charity which is a housing association,

(b) a registered society which satisfies the conditions in subsection (2), or

(c) a company which satisfies those conditions.

(2) The conditions are that the body is principally concerned with Welsh housing, is non-profit-making and is established for the purpose of, or has among its objects or powers, the provision, construction, improvement or management of—

(a) houses to be kept available for letting,

(b) houses for occupation by members of the body, where the rules of the body restrict membership to persons entitled or prospectively entitled (as tenants or otherwise) to occupy a house provided or managed by the body, or

(c) hostels,

and that any additional purposes or objects are among those specified in subsection (4).

(2A) A body is principally concerned with Welsh housing if the Welsh Ministers think—

(a) that it owns housing only or mainly in Wales, or

(b) that its activities are principally undertaken in respect of Wales;

and once a body has been registered in reliance on paragraph (a) or (b) it does not cease to be eligible for registration by virtue only of ceasing to satisfy that paragraph.

(3) For the purposes of this section a body is non-profit-making if—

(a) it does not trade for profit, or

(b) its constitution or rules prohibit the issue of capital with interest or dividend exceeding the rate prescribed by the Treasury for the purposes of section 1(1)(b) of the Housing Associations Act 1985.

(4) The permissible additional purposes or objects are—

(a) providing land, amenities or services, or providing, constructing, repairing or improving buildings, for its residents, either exclusively or together with other persons;

(b) acquiring, or repairing and improving, or creating by the conversion of houses or other property, houses to be disposed of on sale, on lease or on shared ownership terms;

(c) constructing houses to be disposed of on shared ownership terms;

(d) managing houses held on leases or other lettings (not being houses within subsection (2)(a) or (b)) or blocks of flats;

(e) providing services of any description for owners or occupiers of houses in arranging or carrying out works of maintenance, repair or improvement, or encouraging or facilitating the carrying out of such works;

(f) encouraging and giving advice on the forming of housing associations or providing services for, and giving advice on the running of, such associations and other voluntary organisations concerned with housing, or matters connected with housing.

(5) A body is not ineligible for registration as a social landlord by reason only that its powers include power—

(a) to acquire commercial premises or businesses as an incidental part of a project or series of projects undertaken for purposes or objects falling within subsection (2) or (4);

(b) to repair, improve or convert commercial premises acquired as mentioned in paragraph (a) or to carry on for a limited period any business so acquired;

(c) to repair or improve houses, or buildings in which houses are situated, after a disposal of the houses by the body by way of sale or lease or on shared ownership terms.

(6) In this section—

“ block of flats ” means a building containing two or more flats which are held on leases or other lettings and which are occupied or intended to be occupied wholly or mainly for residential purposes;

“ disposed of on shared ownership terms ” means disposed of on a lease—

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

under which the tenant (or his personal representatives) will or may be entitled to a sum calculated by reference directly or indirectly to the value of the house;

“letting” includes the grant of a licence to occupy;

“ residents ”, in relation to a body, means persons occupying a house or hostel provided or managed by the body; and

“ voluntary organisation ” means an organisation whose activities are not carried on for profit.

(7) The Welsh Ministers may by order specify permissible purposes, objects or powers additional to those specified in subsections (4) and (5).

The order may (without prejudice to the inclusion of other incidental or supplementary provisions) contain such provision as the Welsh Ministers thinks fit with respect to the priority of mortgages entered into in pursuance of any additional purposes, objects or powers.

(8) An order under subsection (7) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales .

Section 3 Registration.

(1) The Relevant Authority may register as a social landlord any Welsh body which is eligible for such registration.

(2) An application for registration shall be made in such manner, and shall be accompanied by such fee (if any), as the Welsh Ministers may determine.

(3) As soon as may be after registering a body as a social landlord the Welsh Ministers shall give notice of the registration—

(a) in the case of a registered charity, to the Charity Commission ,

(b) in the case of a registered society , to the Financial Conduct Authority , and

(c) in the case of a company (including a company that is a registered charity) , to the registrar of companies,

who shall record the registration.

(4) A Welsh body which at any time is, or was, registered as a social landlord shall, for all purposes other than rectification of the register, be conclusively presumed to be, or to have been, at that time a body eligible for registration as a social landlord.

Section 4 Removal from the register.

(1) A body which has been registered as a social landlord shall not be removed from the register except in accordance with this section.

(2) If it appears to the the Welsh Ministers that a body which is on the register of social landlords—

(a) is no longer a body eligible for such registration, or

(b) has ceased to exist or does not operate,

the Welsh Ministers shall, after giving the body at least 14 days’ notice, remove it from the register.

(3) In the case of a body which appears to the Welsh Ministers to have ceased to exist or not to operate, notice under subsection (2) shall be deemed to be given to the body if it is served at the address last known to the Welsh Ministers to be the principal place of business of the body.

(4) A body which is registered as a social landlord may request the Welsh Ministers to remove it from the register and the Welsh Ministers may do so, subject to the following provisions.

(5) Before removing a body from the register of social landlords under subsection (4) the Welsh Ministers shall consult the local authorities in whose area the body operates; and the Welsh Ministers shall also inform those authorities of its decision.

(6) As soon as may be after removing a body from the register of social landlords the Welsh Ministers shall give notice of the removal—

(a) in the case of a registered charity, to the Charity Commission ,

(b) in the case of a registered society , to the Financial Conduct Authority , and

(c) in the case of a company (including a company that is a registered charity) , to the registrar of companies,

who shall record the removal.

Section 5 Criteria for registration or removal from register.

(1) The Relevant Authority shall establish (and may from time to time vary) criteria which should be satisfied by a body seeking registration as a social landlord; and in deciding whether to register a body the Welsh Ministers shall have regard to whether those criteria are met.

(2) The Relevant Authority shall establish (and may from time to time vary) criteria which should be satisfied where such a body seeks to be removed from the register of social landlords; and in deciding whether to remove a body from the register the Relevant Authority shall have regard to whether those criteria are met.

(3) Before establishing or varying any such criteria the Welsh Ministers shall consult such bodies representative of registered social landlords, and such bodies representative of local authorities, as it thinks fit.

(4) The Relevant Authority shall publish the criteria for registration and the criteria for removal from the register in such manner as the Welsh Ministers considers appropriate for bringing the criteria to the notice of bodies representative of registered social landlords and bodies representative of local authorities.

Section 6 Appeal against decision on removal.

(1) A body which is aggrieved by a decision of the Welsh Ministers —

(a) not to register it as a social landlord, or

(b) to remove or not to remove it from the register of social landlords,

may appeal against the decision to the High Court.

(2) If an appeal is brought against a decision relating to the removal of a body from the register, the Welsh Ministers shall not remove the body from the register until the appeal has been finally determined or is withdrawn.

(3) As soon as may be after an appeal is brought against a decision relating to the removal of a body from the register, the Welsh Ministers shall give notice of the appeal—

(a) in the case of a registered charity, to the Charity Commission ,

(b) in the case of a registered society , to the Financial Conduct Authority , and

(c) in the case of a company (including a company that is a registered charity) , to the registrar of companies.

Section 6A Voluntary undertakings

(1) A registered social landlord may give the Welsh Ministers an undertaking in respect of any matter concerning housing.

(2) The Welsh Ministers may prescribe a procedure to be followed in giving an undertaking.

(3) The Welsh Ministers must have regard to any undertaking offered or given in exercising a regulatory or enforcement power.

(4) The Welsh Ministers may base a decision about whether to exercise a regulatory or enforcement power wholly or partly on the extent to which an undertaking has been honoured.

(5) In this section, “ regulatory or enforcement power ” means a power exercisable under any of the following provisions—

section 35,

section 37,

section 38,

Chapter 4A of this Part,

paragraphs 4 and 6 to 15H of Part 2 of Schedule 1,

Part 3A of Schedule 1,

Part 4 of Schedule 1.

(6) This section does not apply in relation to a registered social landlord's provision of housing in England.

Section 7 Regulation of registered social landlords.

Schedule 1 has effect for the regulation of registered social landlords.

Part I relates to the control of payments to members and similar matters.

Part II relates to the constitution, change of rules, amalgamation or dissolution of a registered social landlord.

Part 3A relates to inspection.

Part III relates to accounts and audit.

Part IV relates to inquiries into the affairs of a registered social landlord.

Section 7A Meaning of key terms used in this Chapter

(1) References in this Chapter to the board of a registered social landlord are—

(a) in the case of a registered social landlord that is a company (including a company that is a registered charity), references to the company's board of directors;

(b) in the case of a registered social landlord that is a registered charity (but is not a company), references to the charity's board of trustees;

(c) in the case of a registered social landlord that is a registered society, references to the society's committee.

(2) References in this Chapter to board members, in relation to a registered social landlord, are to members of the registered social landlord's board.

(3) References in this Chapter to local authority appointees, in relation to the board of a registered social landlord, are to persons appointed to the board, or nominated for appointment to the board, by a local authority.

Section 7B Limit on local authority appointments to board

(1) No appointment within subsection (2) may be made to the board of a registered social landlord on or after the day on which this section comes into force.

(2) An appointment is within this subsection if its effect, but for this section, would be that more than 24 per cent of the board members of the registered social landlord would be local authority appointees.

(3) To the extent that any provision in the constitution or rules of a registered social landlord would, but for this subsection, conflict with subsection (1) or (2), that provision is to be treated as having no effect.

Section 7C Removal of local authority appointees to comply with 24 per cent limit

(1) This section applies in respect of a registered social landlord if, on the commencement date, more than 24 per cent of the board members of the registered social landlord are local authority appointees.

(2) The registered social landlord must remove local authority appointees from the board to the extent it is necessary to do so to comply with the 24 per cent limit.

(3) The registered social landlord must comply with the duty in subsection (2) before the expiry of the 4 month period but, subject to subsection (5), the landlord may not remove an appointee until after the 2 month period expires.

(4) A local authority may, before the expiry of the 2 month period, give notice to the registered social landlord specifying local authority appointees appointed or nominated by that authority who are to be removed from the board in order to comply with the 24 per cent limit.

(5) Where notice has been given in accordance with subsection (4) the registered social landlord, in complying with subsection (2), must remove the specified local authority appointees from the board (and may do so before the expiry of the 2 month period).

(6) Where notice has not been given in accordance with subsection (4) the registered social landlord, in complying with subsection (2), must select the local authority appointees who are to be removed from the board.

(7) In this section—

“ commencement date ” means the day on which this section comes into force;

“ 2 month period ” means the period of 2 months beginning with the commencement date;

“ 4 month period ” means the period of 4 months beginning with the commencement date;

references to complying with the 24 per cent limit, in relation to the board of a registered social landlord, are to ensuring that no more than 24 per cent of the members of the board of the registered social landlord are local authority appointees.

Section 7D Procedure for selection by registered social landlord of local authority appointees for removal

(1) The selection under section 7C(6) of a local authority appointee for removal from the board of a registered social landlord is to be effected by a majority vote of the votes cast by board members who are not local authority appointees.

(2) To the extent that any provision in the constitution or rules of the landlord would, but for this subsection, conflict with subsection (1), that provision is to be treated as having no effect for the purposes of section 7C.

Section 7E Board quorum: no requirement for local authority appointee

(1) To the extent that any provision of the constitution or rules of a registered social landlord is within subsection (2), it is to be treated as having no effect.

(2) Provision is within this subsection if, but for this section, it would require the presence of one or more local authority appointees in order for a meeting of the board of the registered social landlord to be quorate.

Section 7F Board resolutions: 75 per cent threshold

(1) To the extent that any provision in the constitution or rules of a registered social landlord is within subsection (2), subsection (3) applies in respect of that provision.

(2) Provision is within this section if, but for this section, it would permit a resolution of the board of the registered social landlord to be passed only if more than 75 per cent of the votes cast by the board are in favour of the resolution.

(3) The provision is to be treated as requiring only 75 per cent of the votes cast by the board to be in favour of the resolution.

Section 7G Constitutional changes: no requirement for local authority consent and no power of veto

(1) To the extent that any provision of the constitution or rules of a registered social landlord is within subsection (2), it is to be treated as having no effect.

(2) Provision is within this subsection if, but for this section, it would—

(a) require the consent of a local authority, or of a local authority appointee, to a change to the constitution or rules of the registered social landlord, or

(b) confer on a local authority, or a local authority appointee, power to veto a change within paragraph (a).

Section 7H Voting rights of local authorities

(1) This section applies if a local authority is a member of a registered social landlord.

(2) To the extent that any provision in the constitution or rules of the registered social landlord would confer on the local authority the right, as a member of the registered social landlord, to vote on resolutions of the registered social landlord, that provision is to be treated as having no effect.

Section 7I Provision in agreements that is to be treated as having no effect

To the extent that any provision in an agreement between a registered social landlord and another person would, if it were included in the constitution or rules of the registered social landlord, be treated as having no effect by virtue of this Chapter, that provision of the agreement is to be treated as having no effect.

Section 7J Power to disapply provisions of this Chapter

(1) The Welsh Ministers may by order provide that provisions of this Chapter specified in the order are not to apply to registered social landlords that are wholly controlled local authority subsidiaries.

(2) A registered social landlord is a wholly controlled local authority subsidiary if—

(a) it is a company or registered society;

(b) all of its members are within subsection (3), and

(c) one or more of the conditions in subsection (4) (in the case of a company) or in subsection (5) (in the case of a registered society) is met.

(3) A person is within this subsection if the person is—

(a) a local authority;

(b) a company or registered society that is a subsidiary of a local authority (see subsection (6));

(c) a person acting on behalf of a person within paragraph (a) or (b).

(4) The conditions are—

(a) a local authority has power to appoint or remove all or a majority of the board of directors;

(b) a local authority holds more than half in nominal value of the company's equity share capital;

(c) the company is a subsidiary, within the meaning of the Companies Act 2006 or Part 7 of the Co-operative and Community Benefit Societies Act 2014, of a company or a registered society that is a subsidiary of a local authority by virtue of meeting the condition in paragraph (a) or (b) or in subsection (5)(a).

(5) The conditions are—

(a) a local authority has power to appoint or remove all or a majority of the members of the committee of management of the society;

(b) the society is a subsidiary, within the meaning of the Companies Act 2006 or Part 7 of the Co-operative and Community Benefit Societies Act 2014, of a company or a registered society that is a subsidiary of a local authority by virtue of meeting the condition in paragraph (a) or in subsection (4)(a) or (b).

(6) For the purposes of subsection (3)(b), a company or registered society is a subsidiary of a local authority if one or more of the conditions in subsection (4) (in the case of a company) or subsection (5) (in the case of a registered society) is met.

(7) The Welsh Ministers may by order make provision for a registered social landlord of a description specified in the order to be treated as being a wholly controlled local authority subsidiary for the purposes of this section and any order made under it.

(8) An order under this section is to be made by statutory instrument subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Section 8 Power of registered social landlord to dispose of land.

(1) A registered social landlord has power by virtue of this section and not otherwise to dispose, in such manner as it thinks fit, of land held by it.

(2) Section 39 of the Settled Land Act 1925 (disposal of land by trustees) does not apply to the disposal of land by a registered social landlord; and accordingly the disposal need not be for the best consideration in money that can reasonably be obtained.

Nothing in this subsection shall be taken to authorise any action on the part of a charity which would conflict with the trusts of the charity.

(3) This section has effect subject to section 9 (notification to Welsh Ministers of disposal of land) .

Section 9 Notification to Welsh Ministers of disposal of land

(1) If a registered social landlord disposes of land under section 8, the landlord must notify the Welsh Ministers.

(2) For the purposes of this section disposing of land means selling it, leasing it, mortgaging it, making it subject to a charge, or disposing of it in any other way.

(3) The Welsh Ministers may give directions to registered social landlords about—

(a) the delivery, form and content of notification under this section;

(b) the deadline for giving notification under this section.

(4) The Welsh Ministers may give directions to registered social landlords dispensing with a requirement to give notification under this section.

(5) A direction under this section may be given generally in respect of all registered social landlords, or in respect of a particular registered social landlord or a particular type of registered social landlord, and may make provision about notifications generally, or about particular notifications or types of notification.

(6) A direction may vary or revoke a previous direction under this section.

(7) A registered social landlord must comply with a direction under this section.

Section 10 Lettings and other disposals not requiring consent of Relevant Authority .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 11 Covenant for repayment of discount on disposal

(1) Where on a disposal of a house by a registered social landlord ... a discount has been given to the purchaser, ... the conveyance, grant or assignment shall contain a covenant binding on the purchaser and his successors in title to the following effect.

(2) The covenant shall be to pay to the landlord such sum (if any) as the landlord may demand in accordance with subsection (3) on the occasion of the first relevant disposal which is not an exempted disposal and which takes place within the period of five years beginning with the conveyance, grant or assignment.

(3) The landlord may demand such sum as he considers appropriate, up to and including the maximum amount specified in this section.

(4) The maximum amount which may be demanded by the landlord is a percentage of the price or premium paid for the first relevant disposal which is equal to the percentage discount given to the purchaser in respect of the disposal of the house by the landlord.

(5) But for each complete year which has elapsed after the conveyance, grant or assignment and before the first relevant disposal the maximum amount which may be demanded by the landlord is reduced by one-fifth.

(6) Subsections (3) to (5) are subject to section 11A.

Section 11A Increase in value of house attributable to home improvements to be disregarded

(1) In calculating the maximum amount which may be demanded by the landlord under section 11, such amount (if any) of the price or premium paid for the first relevant disposal which is attributable to improvements made to the house—

(a) by the person by whom the disposal is, or is to be, made, and

(b) after the conveyance, grant or assignment and before the disposal,

shall be disregarded.

(2) The amount to be disregarded under this section shall be such amount as may be agreed between the parties or determined by the district valuer.

(3) The district valuer shall not be required by virtue of this section to make a determination for the purposes of this section unless—

(a) it is reasonably practicable for him to do so; and

(b) his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made.

(4) If the district valuer does not make a determination for the purposes of this section (and in default of an agreement), no amount is required to be disregarded under this section.

Section 12 Priority of charge for repayment of discount.

(1) The charge taking effect by virtue of section 11B (charge for repayment of discount) has priority immediately after any legal charge securing an amount—

(a) left outstanding by the purchaser, or

(b) advanced to him by an approved lending institution for the purpose of enabling him to acquire the interest disposed of on the first disposal,

subject to the following provisions.

(2) An advance which is made for a purpose other than that mentioned in subsection (1)(b) and which is secured by a legal charge having priority to the charge taking effect by virtue of section 11B , and any further advance which is so secured, shall rank in priority to that charge if, and only if, the registered social landlord by notice served on the institution concerned gives consent.

The landlord shall give consent if the purpose of the advance or further advance is an approved purpose.

(3) The registered social landlord may at any time by notice served on an approved lending institution postpone the charge taking effect by virtue of section 11B to an advance or further advance which—

(a) is made to the purchaser by that institution, and

(b) is secured by a legal charge not having priority to that charge;

and the landlord shall serve such a notice if the purpose of the advance or further advance is an approved purpose.

(4) The covenant required by section 11B does not, by virtue of its binding successors in title of the purchaser, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of that section, or a person deriving title under him.

A provision of the conveyance, grant or assignment, or of a collateral agreement, is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with that covenant.

(5) In this section “ approved lending institution ” means—

(a) a building society, bank, insurance company or friendly society,

(b) the Welsh Ministers , or

(c) an authorised mortgage lender (within the meaning of the Housing Act 1985 (see section 622 of that Act)).

(6) The following are “approved purposes” for the purposes of this section—

(a) to enable the purchaser to defray, or to defray on his behalf, any of the following—

(i) the cost of any works to the house,

(ii) any service charge payable in respect of the house for works, whether or not to the house, and

(iii) any service charge or other amount payable in respect of the house for insurance, whether or not of the house, and

(b) to enable the purchaser to discharge, or to discharge on his behalf, any of the following—

(i) so much as is still outstanding of any advance or further advance which ranks in priority to the charge taking effect by virtue of section 11B ,

(ii) any arrears of interest on such an advance or further advance, and

(iii) any costs and expenses incurred in enforcing payment of any such interest, or repayment (in whole or in part) of any such advance or further advance.

In this subsection “service charge” has the meaning given by section 621A of the Housing Act 1985.

(7) Where different parts of an advance or further advance are made for different purposes, each of those parts shall be regarded as a separate advance or further advance for the purposes of this section.

Section 12A Right of first refusal for registered social landlord

(1) Where on a disposal of a house by a registered social landlord ... a discount has been given to the purchaser, ... the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title.

(2) The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance, grant or assignment, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal.

(3) In subsection (2) “ the prescribed conditions ” means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made.

(4) The Welsh Ministers may by regulations prescribe such conditions as they consider appropriate for and in connection with conferring on—

(a) a registered social landlord which has made a disposal as mentioned in subsection (1), or

(b) such other person as is determined in accordance with the regulations,

a right of first refusal to have a disposal within subsection (5) made to him for such consideration as is mentioned in section 12B.

(5) The disposals within this subsection are—

(a) a reconveyance or conveyance of the house; and

(b) a surrender or assignment of the lease.

(6) Regulations under this section may, in particular, make provision—

(a) for the purchaser to offer to make such a disposal to such person or persons as may be prescribed;

(b) for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted;

(c) for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer;

(d) for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the purchaser and any other prescribed person;

(e) for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person;

(f) for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken;

(g) for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the purchaser is able to make a disposal on the open market;

(h) for the manner in which any offer, acceptance or notification is to be communicated.

(7) In subsection (6) any reference to the purchaser is a reference to the purchaser or his successor in title.

Nothing in that subsection affects the generality of subsection (4).

(8) Regulations under this section—

(a) may make different provision with respect to different cases or descriptions of case; and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales .

(9) The limitation imposed by a covenant within subsection (2) is a local land charge.

(10) The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.

(11) Where there is a relevant disposal which is an exempted disposal by virtue of section 15(4)(d) or (e) (compulsory disposal or disposal of yard, garden, &c)—

(a) the covenant required by this section is not binding on the person to whom the disposal is made or any successor in title of his, and

(b) the covenant ceases to apply in relation to the property disposed of.

Section 12B Consideration payable for disposal under section 12A

(1) The consideration for a disposal made in respect of a right of first refusal as mentioned in section 12A(4) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the house at the time when the offer is made (as determined in accordance with regulations under that section).

(2) That value shall be taken to be the price which, at that time, the interest to be reconveyed, conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under the covenant required by section 11 (repayment of discount on early disposal) would be discharged by the vendor.

(3) If the offer is accepted in accordance with regulations under section 12A, no payment shall be required in pursuance of any such covenant as is mentioned in subsection (2), but the consideration shall be reduced, subject to subsection (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant.

(4) Where there is a charge on the house having priority over the charge to secure payment of the sum due under the covenant mentioned in subsection (2), the consideration shall not be reduced under subsection (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer (as determined in accordance with regulations under section 12A).

Section 13 Restriction on disposal of houses in National Parks, &c.

(1) On the disposal by a registered social landlord ... of a house situated in—

(a) a National Park,

(b) an area designated under section 82 of the Countryside and Rights of Way Act 2000 as an area of outstanding natural beauty, or

(c) an area designated as a rural area by order under section 157 of the Housing Act 1985,

the conveyance, grant or assignment may (unless it contains a condition of a kind mentioned in section 33(2)(b) or (c) of the Housing Act 1985 (right of pre-emption or restriction on assignment) or a covenant as mentioned in section 12A(2) of this Act (right of first refusal for registered social landlord) ) contain a covenant to the following effect limiting the freedom of the purchaser (including any successor in title of his and any person deriving title under him or such a successor) to dispose of the house.

(2) The limitation is that until such time (if any) as may be notified in writing by the registered social landlord to the purchaser or a successor in title of his, there will be no relevant disposal which is not an exempted disposal without the written consent of the landlord.

(3) That consent shall not be withheld if the person to whom the disposal is made (or, if it is made to more than one person, at least one of them) has, throughout the period of three years immediately preceding the application for consent—

(a) had his place of work in a region designated by order under section 157(3) of the Housing Act 1985 which, or part of which, is comprised in the National Park or area concerned, or

(b) had his only or principal home in such a region,

or if he has had the one in part or parts of that period and the other in the remainder.

The region need not have been the same throughout the period.

(4) A disposal in breach of such a covenant as is mentioned above is void.

(5) The limitation imposed by such a covenant is a local land charge and, if the first disposal involves registration under the Land Registration Act 2002, the Chief Land Registrar shall enter in the register of title a restriction reflecting the limitation .

(6) In this section “ purchaser ” means the person acquiring the interest disposed of by the first disposal.

(7) Where there is a relevant disposal which is an exempted disposal by virtue of section 15(4)(d) or (e) (compulsory disposal or disposal of yard, garden, &c.), any such covenant as is mentioned in this section ceases to apply in relation to the property disposed of.

Section 14 Treatment of options.

(1) For the purposes of sections 9 to 13 the grant of an option enabling a person to call for a relevant disposal which is not an exempted disposal shall be treated as such a disposal made to him.

(2) For the purposes of section 13(2) (requirement of consent to disposal of house in National Park, &c.) consent to such a grant shall be treated as consent to a disposal made in pursuance of the option.

Section 15 Relevant and exempted disposals.

(1) In sections 11 to 14 the expression “relevant disposal which is not an exempted disposal” shall be construed as follows.

(2) A disposal, whether of the whole or part of the house, is a relevant disposal if it is—

(a) a conveyance of the freehold or an assignment of the lease, or

(b) the grant of a lease or sub-lease (other than a mortgage term) for a term of more than 21 years otherwise than at a rack-rent.

(3) For the purposes of subsection (2)(b) it shall be assumed—

(a) that any option to renew or extend a lease or sub-lease, whether or not forming part of a series of options, is exercised, and

(b) that any option to terminate a lease or sub-lease is not exercised.

(4) A disposal is an exempted disposal if—

(a) it is a disposal of the whole of the house and a conveyance of the freehold or an assignment of the lease and the person or each of the persons to whom it is made is a qualifying person (as defined in subsection (5));

(b) it is a vesting of the whole of the house in a person taking under a will or on an intestacy;

(c) it is a disposal of the whole of the house in pursuance of any such order as is mentioned in subsection (6);

(d) it is a compulsory disposal (as defined in subsection (7));

(e) the property disposed of is a yard, garden, outhouses or appurtenances belonging to a house or usually enjoyed with it.

(5) For the purposes of subsection (4)(a) a person is a qualifying person in relation to a disposal if—

(a) he is the person or one of the persons by whom the disposal is made,

(b) he is the spouse or a former spouse , or the civil partner or a former civil partner, of that person or one of those persons, or

(c) he is a member of the family of that person or one of those persons and has resided with him throughout the period of twelve months ending with the disposal.

(6) The orders referred to in subsection (4)(c) are orders under—

(a) section 24 or 24A of the Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings);

(b) section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate);

(c) section 17 of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, &c.); ...

(d) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents). ; or

(e) Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders, or orders for the sale of property, in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ).

(7) For the purposes of subsection (4)(d) a compulsory disposal is a disposal of property which is acquired compulsorily, or is acquired by a person who has made or would have made, or for whom another person has made or would have made, a compulsory purchase order authorising its compulsory purchase for the purposes for which it is acquired.

Section 15A Treatment of deferred resale agreements for purposes of section 11

(1) If a purchaser or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 11 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.

(2) In subsection (1) “ the appropriate time ” means—

(a) the time when the agreement is entered into, or

(b) if it was made before the beginning of the discount repayment period, immediately after the beginning of that period.

(3) An agreement is within this subsection if it is an agreement between the purchaser or his successor in title and any other person—

(a) which is made (expressly or impliedly) in contemplation of, or in connection with, a disposal to be made, or made, by virtue of section 8,

(b) which is made before the end of the discount repayment period, and

(c) under which a relevant disposal which is not an exempted disposal is or may be required to be made to any person after the end of that period.

(4) Such an agreement is within subsection (3)—

(a) whether or not the date on which the relevant disposal is to take place is specified in the agreement, and

(b) whether or not any requirement to make that disposal is or may be made subject to the fulfilment of any condition.

(5) The Welsh Ministers may by order provide—

(a) for subsection (1) to apply to agreements of any description specified in the order in addition to those within subsection (3);

(b) for subsection (1) not to apply to agreements of any description so specified to which it would otherwise apply.

(6) An order under subsection (5)—

(a) may make different provision with respect to different cases or descriptions of case; and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales .

(7) In this section—

“ agreement ” includes arrangement;

“ the discount repayment period ” means the period of three or five years that applies for the purposes of section 11(2) (depending on whether an offer such as is mentioned in section 199(3) of the Housing Act 2004 was made before or on or after the coming into force of that section).

Section 16 Right of tenant to acquire dwelling.

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Section 16A Extension of section 16 to dwellings funded by grants under section 27A

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Section 16B Restriction on exercising the right to acquire

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Section 16C Exception to restriction on exercising the right to acquire

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Section 17 Right of tenant to acquire dwelling: supplementary provisions.

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Section 18 Social housing grants.

(1) The Relevant Authority may make grants to registered social landlords in respect of expenditure incurred or to be incurred by them in connection with their housing activities.

(2) The Relevant Authority ... shall specify in relation to grants under this section—

(a) the procedure to be followed in relation to applications for grant,

(b) the circumstances in which grant is or is not to be payable,

(c) the method for calculating, and any limitations on, the amount of grant, and

(d) the manner in which, and time or times at which, grant is to be paid.

(3) In making a grant under this section, the Welsh Ministers may provide that the grant is conditional on compliance by the landlord with such conditions as the Welsh Ministers may specify.

(4) The Relevant Authority may, with the agreement of a local housing authority, appoint the authority to act as its agent in connection with the assessment and payment of grant under this section.

(5) The appointment—

(a) if made by the Housing Corporation, shall be on such terms as the Housing Corporation may, with the approval of the Secretary of State given with the consent of the Treasury, specify, and

(b) An appointment made by the Welsh Ministers under this section , shall be on such terms as the Welsh Ministers may specify;

and the authority shall act in accordance with those terms.

(6) Where—

(a) a grant under this section is payable to a registered social landlord, and

(b) at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, another registered social landlord, or trustees for another such landlord,

this section (including this subsection) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under subsection (7), were payable to the other landlord.

(7) The proportion mentioned in subsection (6) is that which, in the circumstances of the particular case—

(a) the Welsh Ministers , acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or

(b) the Welsh Ministers may determine to be appropriate.

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Section 19 Land subject to housing management agreement.

A registered social landlord is not entitled to a grant under section 18 (social housing grant) in respect of land comprised in a management agreement within the meaning of the Housing Act 1985 (see sections 27(2) and 27B(4) of that Act: delegation of housing management functions by certain authorities).

Section 20 Purchase grant where right to acquire exercised.

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Section 21 Purchase grant in respect of other disposals.

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Section 22 Assistance from local authorities.

(1) A local authority may promote—

(a) the formation of bodies to act as registered social landlords, and

(b) the extension of the objects or activities of registered social landlords.

(2) A local authority may for the assistance of any registered social landlord subscribe for share or loan capital of the landlord.

(3) A local authority may for the assistance of a registered social landlord—

(a) make grants or loans to the landlord, or

(b) guarantee or join in guaranteeing the payment of the principal of, and interest on, money borrowed by the landlord (including money borrowed by the issue of loan capital) or of interest on share capital issued by the landlord.

(4) A local housing authority may sell or supply under a hire-purchase agreement furniture to the occupants of houses provided by a registered social landlord, and may buy furniture for that purpose.

In this subsection “ hire-purchase agreement ” means a hire-purchase agreement or conditional sale agreement within the meaning of the Consumer Credit Act 1974.

Section 23 Local loans made by the Treasury

(1) The Treasury may lend money to a registered social landlord—

(a) for the purpose of constructing or improving, or facilitating or encouraging the construction or improvement, of dwellings,

(b) for the purchase of dwellings which the landlord desires to purchase with a view to their improvement, and

(c) for the purchase and development of land.

(2) A loan for any of those purposes, and interest on the loan, shall be secured by a mortgage of—

(a) the land in respect of which that purpose is to be carried out, and

(b) such other lands (if any) as may be offered as security for the loan;

and the money lent shall not exceed three-quarters (or, if the payment of the principal of, and interest on, the loan is guaranteed by a local authority, nine-tenths) of the value, to be ascertained to the satisfaction of the Treasury , of the estate or interest in the land proposed to be so mortgaged.

(3) Loans may be made by instalments as the building of dwellings or other work on the land mortgaged under subsection (2) progresses (so, however, that the total amount lent does not at any time exceed the amount specified in that subsection); and a mortgage may accordingly be made to secure such loans to be so made.

(4) If the loan exceeds two-thirds of the value referred to in subsection (2), and is not guaranteed as to principal and interest by a local authority, the Treasury shall require, in addition to such a mortgage as is mentioned in that subsection, such further security as they think fit.

(5) Subject to subsection (6), the period for repayment of a loan under this section shall not exceed 40 years, and no money shall be lent on mortgage of any land unless the estate proposed to be mortgaged is either an estate in fee simple absolute in possession or an estate for a term of years absolute of which not less than 50 years are unexpired at the date of the loan.

(6) Where a loan under this section is made for the purpose of carrying out a scheme for the provision of houses approved by the Welsh Ministers , the maximum period for the repayment of the loan is 50 instead of 40 years, and money may be lent on the mortgage of an estate for a term of years absolute of which a period of not less than ten years in excess of the period fixed for the repayment of the sums advanced remains unexpired at the date of the loan.

(7) Any loan made under subsection (1) is a local loan for the purposes of section 3 of the National Loans Act 1968 (see Schedule 4 to that Act).

Section 24 The disposal proceeds fund.

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Section 25 Application or appropriation of disposal proceeds.

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Section 26 Disposal proceeds: power to require information.

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Section 27 Recovery, &c. of social housing grants.

(1) Where a registered social landlord has received a grant under section 18 (social housing grant), the following powers are exercisable in such events as the Welsh Ministers may from time to time determine.

(2) The Relevant Authority may, acting in accordance with such principles as it has determined—

(a) reduce any grant payable by it, or suspend or cancel any instalment of any such grant, or

(b) direct the registered social landlord to apply or appropriate for such purposes as the Welsh Ministers may specify, or to pay to the Welsh Ministers , such amount as the Welsh Ministers may specify.

(3) A direction by the Welsh Ministers under subsection (2)(b) may require the application, appropriation or payment of an amount with interest.

(4) Any such direction shall specify—

(a) the rate or rates of interest (whether fixed or variable) which is or are applicable,

(b) the date from which interest is payable, and

(c) any provision for suspended or reduced interest which is applicable.

The date from which interest is payable must not be earlier than the date of the event giving rise to the exercise of the Welsh Ministers powers under this section.

(5) In subsection (4)(c)—

(a) provision for suspended interest means provision to the effect that if the principal amount is applied, appropriated or paid before a date specified in the direction, no interest will be payable for any period after the date of the direction; and

(b) provision for reduced interest means provision to the effect that if the principal amount is so applied, appropriated or paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.

(6) Where—

(a) a registered social landlord has received a payment in respect of a grant under section 18, and

(b) at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other registered social landlord,

this section (including this subsection) shall have effect in relation to periods after that time as if the grant, or such proportion of it as may be determined by the Welsh Ministers to be appropriate, had been made to that other registered social landlord.

(7) The matters specified in a direction under subsection (4)(a) to (c), and the proportion mentioned in subsection (6), shall be—

(a) such as the Welsh Ministers , acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or

(b) such as the Welsh Ministers may determine to be appropriate in the particular case.

Section 27A Grants to bodies other than registered social landlords

(1) The Welsh Ministers may make grants under this section to persons other than registered social landlords.

(2) Grants under this section are grants for any of the following purposes—

(a) acquiring, or repairing and improving, or creating by the conversion of houses or other property, houses to be disposed of—

(i) under equity percentage arrangements, or

(ii) on shared ownership terms;

(b) constructing houses to be disposed of—

(i) under equity percentage arrangements, or

(ii) on shared ownership terms;

(c) providing loans to be secured by mortgages to assist persons to acquire houses for their own occupation;

(d) providing, constructing or improving houses to be kept available for letting;

(e) providing, constructing or improving houses for letting that are to be managed by such registered social landlords, and under arrangements containing such terms, as are approved by the Welsh Ministers ;

(f) such other purposes as may be specified in an order under subsection (3).

(3) The Welsh Ministers may by order make such provision in connection with the making of grants under this section as they consider appropriate.

(4) An order under subsection (3) may, in particular, make provision—

(a) defining “ equity percentage arrangements ” for the purposes of this section;

(b) specifying or describing the bodies from whom loans may be obtained by persons wishing to acquire houses for their own occupation;

(c) dealing with the priority of mortgages entered into by such persons;

(d) specifying purposes additional to those mentioned in subsection (2)(a) to (e).

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(6) The Welsh Ministers shall specify in relation to grants under this section—

(a) the procedure to be followed in relation to applications for grant,

(b) the circumstances in which grant is or is not to be payable,

(c) the method for calculating, and any limitations on, the amount of grant, and

(d) the manner in which, and the time or times at which, grant is to be paid.

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(8) In making a grant to a person under this section the Welsh Ministers may provide that the grant is conditional on compliance by the person with such conditions as the Welsh Ministers may specify.

(9) The conditions that may be so specified include conditions requiring the payment to the Welsh Ministers in specified circumstances of a sum determined by the Welsh Ministers (with or without interest).

(10) An order under subsection (3) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales .

(11) In this section—

“ disposed of on shared ownership terms ” has the meaning given by section 2(6);

“ letting ” includes the grant of a licence to occupy.

Section 27B Transfer of property funded by grants under section 27A

(1) Where—

(a) any grant is paid or payable to any person under section 27A, and

(b) at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, another person who is not a registered social landlord,

this Part shall have effect, in relation to times falling after that time, as if the grant, or such proportion of it as is determined or specified under subsection (4), had been paid or (as the case may be) were payable to that other person under section 27A.

(2) Where—

(a) any amount is paid or payable to any person by way of grant under section 27A, and

(b) at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, a registered social landlord,

this Part shall have effect, in relation to times falling after that time, as if the grant, or such proportion of it as is determined or specified under subsection (4), had been paid or (as the case may be) were payable to that other person under section 18.

(3) In such a case, the relevant section 18 conditions accordingly apply to that grant or proportion of it, in relation to times falling after that time, in place of those specified under section 27A(8).

“ The relevant section 18 conditions ” means such conditions specified under section 18(3) as would have applied at the time of the making of the grant if it had been made under section 18 to a registered social landlord.

(4) The proportion mentioned in subsection (1) or (2) is that which, in the circumstances of the particular case—

(a) the Welsh Ministers , acting in accordance with such principles as it may from time to time determine, may specify as being appropriate, or

(b) the Welsh Ministers may determine to be appropriate.

Section 28 Grants under Part 2 of the Housing Act 1988.

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(3) Section 52 of that Act (recovery, &c. of grants) is amended as follows—

(a) in subsection (2)(c), for “to pay to it” substitute “ to apply or appropriate for such purposes as the Welsh Ministers may specify, or to pay to the Relevant Authority , ” ;

(b) in the closing words of subsection (2), for the words from “requiring” to “interest on that amount” substitute “ may require the application, appropriation or payment of an amount with interest ” ;

(c) in subsection (7), for the words from “requiring” to “to the Welsh Ministers ” substitute “ requiring the application, appropriation or payment of an amount with interest ” ;

(d) in subsection (8)(a), for the words from “the amount” to “is paid” substitute “ the principal amount is applied, appropriated or paid ” ;

(e) in subsection (8)(b), for “that amount is so paid” substitute “ the principal amount is so applied, appropriated or paid ” .

(4) In section 53 of that Act (determinations by Relevant Authority ), for subsection (2) (requirement of approval of Secretary of State and, in the case of a general determination, consent of the Treasury) substitute—

(2) The Relevant Authority shall not make a general determination under the foregoing provisions of this Part except with the approval of the Secretary of State.

(5) In section 55(1) of that Act (surplus rental income: cases in which section applies), omit paragraph (a).

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