OpenLegislation

Paragraph 22 I1I2C1

(1)

The fact that—

(a)

the views of the ex-tenant during the termination period were not sought or taken into account when they should have been sought or taken into account, or

(b)

the views of the ex-tenant during that period were sought or taken into account when they should not have been sought or taken into account,

is not to be taken to mean that the consultation requirements were not complied with.

(2)

The consultation requirements are—

(a)

the requirements under—

(i)

section 105(1) of the Housing Act 1985 (c. 68),

(ii)

paragraphs 3 and 4 of Schedule 3A to that Act,

(iii)

regulations made under section 27AB of that Act which relate to arranging for ballots or polls with respect to a proposal to enter into a management agreement, and

(iv)

section 137(2) of the Housing Act 1996 (c. 52), and

(b)

any other requirements specified by the appropriate national authority by order.

Annotations

Modifications

C1

Sch. 11 Pt. 2 applied (with modifications) (E.) (20.5.2009) by Housing (Replacement of Terminated Tenancies) (Successor Landlords) (England) Order 2009 (S.I. 2009/1262), arts. 1(1), arts. 2-7

Commencement

I1

Sch. 11 para. 22 in force at 1.12.2008 for specified purposes by S.I. 2008/3068, art. 4(4) (with arts. 6-13)

I2

Sch. 11 para. 22 in force at 20.5.2009 in so far as not already in force by S.I. 2009/1261, arts. 2, 3

Notes on Part 2

Modifications

C2

Sch. 11 Pt. 2 applied (with modifications) (W.) (21.5.2009) by Housing (Replacement of Terminated Tenancies) (Successor Landlords) (Wales) Order 2009 (S.I. 2009/1260), arts. 1(1), arts. 2-7