Section 133 Consent required for certain subsequent disposals.C1C2

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in relation to F5 a disposal of land in England, the Secretary of State, and

in relation to a disposal of land in Wales, the Welsh Ministers.

by operation of law or by virtue of an order of a court, the land or house which has been acquired passes or is transferred from the person who so acquired it to another person, and

that passing or transfer does not constitute a disposal for which consent is required under this section,

if section 34 of the M1Housing Act 1985 applies to the consent given to the original disposal, subsections (2)(b) F10, (3), (4) and (4A)(a) to (c) and (d) of that section shall also apply to any consent required by virtue of this section;

if the consent to the original disposal was given under section 43 of that Act, subsections (2)(b) and , (3), (4) and (4A)(a) to (c) and (d) of that section shall also apply to any consent required by virtue of this section;

in the application of subsection (4A)(a) to (c) and (d) of section 34 or section 43 to any consent required by virtue of this section, F11 any reference to the appropriate national body shall be construed as a reference to the appropriate authority andany reference to the local authority making the disposal shall be construed as a reference to the local authority making the original disposal; and

the instrument by which the original disposal is effected shall contain a statement in a form approved by the Chief Land Registrar that the requirement of this section as to consent applies to a subsequent disposal of the land or house by the person to whom the original disposal was made.

shall satisfy F13itself that the person who is seeking the consent has taken appropriate steps to consult every tenant of any land or house proposed to be disposed of; and

shall have regard to the responses of any such tenants to that consultation.

consent is sought for the disposal of the land or house to that tenant or to persons including that tenant; or

consent is sought subject to the condition that the land or house is vacant at the time of the disposal;

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the authority shall give to the person to whom the original disposal is made a certificate in a form approved by the Chief Land Registrar stating that the authority is entitled to make the disposal subject only to such encumbrances, rights and interests as are stated in the instrument by which the original disposal is effected or summarised in the certificate; and

for the purpose of registration of title, the Chief Land Registrar shall accept such a certificate as evidence of the facts stated in it, but if as a result he has to meet a claim against him under the F23Land Registration Act 2002 the authority by whom the original disposal was made is liable to indemnify him.

a disposition of registered land, or

a person’s title under a disposition of unregistered land,

the disposal of a dwelling-house to a person having the right to buy it under Part 5 of the Housing Act 1985 (whether the disposal is in fact made under that Part or otherwise);

a compulsory disposal, within the meaning of Part 5 of the Housing Act 1985;

the disposal of an easement or rentcharge;

the disposal of an interest by way of security for a loan;

the grant of a secure tenancy or what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the Housing Act 1985;

the grant of an assured tenancy or an assured agricultural occupancy, within the meaning of Part 1 of this Act, or what would be such a tenancy or occupancy but for any of paragraphs F263D to 8 of Schedule 1 to this Act;

the grant of an occupation contract within the meaning of the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act);

the transfer of an interest held on trust for any person where the disposal is made in connection with the appointment of a new trustee or in connection with the discharge of any trustee.