The Social Landlords (Additional Purposes or Objects) Order 1999

• Citation: S.I. 1999/985
• Sections: 3

Section 1 Citation and commencement

This Order may be cited as the Social Landlords (Additional Purposes or Objects) Order 1999 and shall come into force on 19th April 1999.

Section 2 Additional permissible purpose or object

Providing loans secured by mortgages to assist persons to acquire houses for their own occupation is hereby specified as a permissible purpose or object additional to those specified in section 2(4) of the Housing Act 1996 (eligibility for registration as a social landlord).

Section 3 Priority of mortgages

(1) Where–

(a) a social landlord provides an equity percentage loan secured by an equity mortgage to assist a person (“the mortgagor”) to acquire a house for his own occupation; and

(b) a qualifying lending institution also provides a loan secured by a mortgage to that mortgagor to assist him to acquire that house,

the mortgage mentioned in sub-paragraph (a) shall have priority immediately after the mortgage mentioned in sub-paragraph (b).

(2) Where the mortgagor, for the purpose of enabling him to carry out any improvement to the house in question, and with the written consent of the social landlord, acquires a further advance secured by the mortgage mentioned in sub-paragraph (b) of paragraph (1), the priority of that mortgage shall remain unchanged.

(3) For the purposes of this article –

“agreed percentage” means a percentage agreed between the social landlord and the mortgagor;

“equity mortgage” is a mortgage under which, in consideration for an equity percentage loan, the mortgagor agrees that on the loan becoming repayable he shall pay to the social landlord an amount which is equal to the agreed percentage multiplied by the value of the house, as determined in accordance with the terms of the mortgage, at the date on which the loan becomes repayable;

“equity percentage loan” is a loan which is equal to the agreed percentage multiplied by the value of the house as determined by the social landlord when the loan is made;

“qualifying lending institution” means—

the Corporation;

the Homes and Communities Agency;

a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits or to effect or carry out contracts of insurance; ...

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(4) The definition of “qualifying lending institution” in paragraph (3) must be read with—

(a) section 22 of the Financial Services and Markets Act 2000;

(b) any relevant order under that section; and

(c) Schedule 2 to that Act.