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Paragraph 2 Condition 1

Original text. Later amendments are not shown.

Condition 1 is that—

(a)

the dwelling is let by a registered provider of social housing on one of the following—

(i)

a demoted tenancy,

(ii)

an introductory tenancy,

(iii)

a secure tenancy,

(iv)

an arrangement that would be a secure tenancy but for paragraph 4ZA or 12 of Schedule 1 to the Housing Act 1985f1,

(v)

an assured tenancy, including an assured shorthold tenancy,

(vi)

an assured agricultural occupancy,

(vii)

an arrangement that would be an assured tenancy or an assured agricultural occupancy but for paragraph 12(1)(h) or 12ZA of Schedule 1 to the Housing Act 1988f2, and

(b)

either—

(i)

the dwelling is one in relation to which the Rent Standard 2020f3 set under section 194(2A) of the Housing and Regeneration Act 2008f4 applies, or

(ii)

if sub-paragraph (i) does not apply, the rent is no more than 80% of market rent, including service charges.

Annotations

Footnotes

f1

1985 c. 68. Paragraph 4ZA of Schedule 1 was inserted by section 297 of the Housing and Regeneration Act 2018 (c. 17) and amended by paragraph 12 of Schedule 11 to the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12); paragraph 17 of Schedule 7 to the Housing and Planning Act 2016 (c. 22) and S.I. 2022/1166.

f2

1988 c. 50. Paragraph 12(1)(h) was amended by section 137 of the Housing (Wales) Act 2014 (anaw 7) and S.I. 2022/1166. Paragraph 12ZA was inserted by section 297 of the Housing and Regeneration Act 2008 and amended by paragraph 20 of Schedule 11 to the Anti-Social Behaviour, Crime and Policing Act 2014 and S.I. 2010/844 and 2022/116.

f3

The Rent Standard 2020 was published by the Department in 2020. The Rent Standard is available at https://www.gov.uk/government/publications/rent-standard-2020 and is also available for inspection during office hours at the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.

f4

2008 c. 17. Section 194(2A) was inserted by paragraph 5 of Schedule 17 to the Localism Act 2011 (c. 20).