Section 33 Covenants and conditions which may be imposed.
England and Wales
On a disposal under section 32 the local authority may impose such covenants and conditions as they think fit.
But F1, subject to sections 36A and 37, a condition of any of the following kinds may be imposed only with the consent of the Secretary of State—
a condition limiting the price or premium which may be obtained on a further disposal of a house;
in the case of a sale, a condition reserving a right of pre-emption;
in the case of a lease, a condition precluding the lessee from assigning the lease or granting a sub-lease.
In subsection (2)(b) a condition reserving a right of pre-emption means a condition precluding the purchaser from selling or leasing the land unless—
he first notifies the authority of the proposed sale or lease and offers to sell or lease the land to them, and
the authority refuse the offer or fail to accept it within one month after it is made.
References in this section to the purchaser or lessee include references to his successors in title and any person deriving title under him or his successors in title.
The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.
Annotations
Textual amendments
- F1
Words in s. 33(2) inserted (18.1.2005) by Housing Act 2004 (c. 34), ss.197(2)(5), 270(3)(a)
- F2
S. 33(5) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 13
Notes on Part II
Modifications
- C1
Pt. II (ss. 8–57): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)
- C2
Pt. II (ss. 8-57) restricted (19.8.1996) by 1996 c. 49, s. 9(4)(a); S.I. 1996/2127, art. 2, Sch. Pt. I