{
  "url": "https://openlegislation.uk/housing-benefit-regulations-2006/schedule-2/paragraph-11",
  "json_url": "https://openlegislation.uk/housing-benefit-regulations-2006/schedule-2/paragraph-11.json",
  "legislation": "uksi/2006/213",
  "legislation_title": "The Housing Benefit Regulations 2006",
  "legislation_url": "https://openlegislation.uk/housing-benefit-regulations-2006",
  "path": "schedule/2/paragraph/11",
  "kind": "paragraph",
  "number": "11",
  "heading": null,
  "text": "(1) Subject to sub-paragraphs (2) and (3) this paragraph applies to a tenancy—\n(a) in respect of a dwelling comprised in land which has been disposed of under section 32 of the Housing Act 1985 or section 12 of the Housing (Scotland) Act 1987 ;\n(b) in respect of a dwelling comprised in land which has been disposed of with the consent required by section 43 of the Housing Act 1985 or section 12 of the Housing (Scotland) Act 1987;\n(c) in respect of which the fee simple estate has been acquired, under the right conferred by Chapter 2 of Part 1 of the Housing Act 1996 , otherwise than from a housing action trust within the meaning of Part 3 of the Housing Act 1988, or in respect of which the house has been acquired under the right conferred by Part 3 of the Housing (Scotland) Act 1988; or\n(d) in respect of a dwelling disposed of under the New Towns (Transfer of Housing Stock) Regulations 1990 to a person who is an approved person for the purposes of disposal under those Regulations or in respect of a dwelling disposed of pursuant to powers contained in the New Towns (Scotland) Act 1968 to a housing association.\n(2) This paragraph shall not apply to a tenancy to which sub-paragraph (1) refers if—\n(a) there has been an increase in rent since the disposal or acquisition, as the case may be, occurred; and\n(b) the local authority stated in the application for determination that—\n(i) the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependant of his and any person paying rent to him); or\n(ii) the rent payable for that dwelling is unreasonably high.\n(3) Where the disposal or acquisition, as the case may be, took place on or after 7th October 2002, sub-paragraph (2)(b) shall apply to a tenancy to which sub-paragraph (1) refers as if head (i) were omitted.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 2 substituted (7.4.2008) by The Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2868), regs. 1(3), 18 (with reg. 1(6))"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1985 c. 68; section 32 was amended by section 140 of and Schedule 7 to the Housing Act 1988 (c. 50); section 227 of and Schedule 19 to the Housing Act 1996 (c. 52) and S.I. 1997/74."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "1987 c. 26."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "1985 c. 68; section 43 was amended by section 132 and 140 of and Schedule 17 to the Housing Act 1988 (c. 50); section 194 of and Schedule 12 to the Local Government and Housing Act 1989 (c. 42); section 78 of and Schedule 10 to the Environment Act 1995 (c. 25) and section 227 of and Schedule 9 to the Housing Act 1996."
    },
    {
      "type": "M",
      "label": "M4",
      "text": "1996 c. 52."
    },
    {
      "type": "M",
      "label": "M5",
      "text": "S.I. 1990/1700; amended by S.I. 1990/2366 and 1991/1281."
    },
    {
      "type": "M",
      "label": "M6",
      "text": "1968 c. 16. Relevant amendments are contained in the Enterprise and New Towns (Scotland) Act 1990 (c. 35) section 33."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2006/213/schedule/2/paragraph/11",
    "retrieved_at": "2026-11-06T03:35:43.605354+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}