Explanatory note

These Regulations are made under Part IV of the Housing Act 1988 (“the Act”) under which the secure tenant of a public sector landlord (“the landlord”) may choose to become the tenant of an approved person who has applied under Part IV of the Act to become his new landlord.

Part I contains general provisions.

Part II prescribes the particulars which the landlord must include in its notice under section 98(1) of the Act (landlord’s proposals as to property which the applicant proposes to acquire).

Part II provides procedure for the determination of certain disputes. Schedule 1 prescribes the provisions in accordance with which an adjudicator is to determine a dispute as to any matters stated in a notice served under section 98(1). Schedule 2 prescribes the procedure in accordance with which a district valuer is to determine a dispute as to any matters stated in a notice under section 99(1) of the Act (matters relating to price or disposal cost).

Part IV deals with tenants who are to continue as tenants of the landlord. Regulation 6 makes provision for the exclusion of certain houses from the applicant’s acquisition. It also provides for the lease back by the applicant to the landlord of certain flats the tenants of which are either specified in section 100 of the Act or prescribed under regulations 7 or 8.

Part V is concerned with section 101 of the Act and tenancies or licences of property granted after the inclusion of that property within the application. The principal effect of section 101 of the Act is that tenancies or licences granted by the landlord after the dates mentioned in section 101 cannot be secure or assured tenancies. Certain statutes which afford protection to tenants are disapplied, and such tenancies and licences are determinable by the landlord by giving not less than four weeks notice to quit. Regulation 9 specifies tenancies and licences to which section 101 of the Act is not to apply. Regulations 10 and 11 provide for the landlord which grants a tenancy of licence to which section 101 applies to give notice of that fact to the applicant and to give notice to the tenant or licensee of the effect of that section. Regulation 12 requires the landlord to secure vacant possession of property to which section 101 applies at the time of acquisition. Regulation 13 provides for section 101 to cease to apply where the applicant does not proceed with the acquisition of the property.

Part VI deals with consulting certain tenants about their wishes in relation to an acquisition under Part IV of the Act. Regulation 14 prescribes the consultation period during which certain tenants may say whether they would like to continue as tenants of the landlord or to become tenants of the applicant. Regulation 15 prescribes tenants, additional to those specified in section 102 of the Act, who may express this opinion. Regulation 16 and Schedule 3 provide for the manner of and the procedure for consulting these tenants and regulation 17 for the manner in which their wishes are to be expressed.

Part VII deals with the covenant which an applicant may enter into with the landlord to make further payments to the landlord on the occasion of prescribed disposals. Regulation 18 prescribes the circumstances in which the covenant may be entered into, the nature of the covenant, the disposals on which payment is to be made and the amount of the payment.

Part VIII and Schedule 4 set out the requirements with which the grant of the fee simple estate by the landlord to the applicant and the lease of a flat back to the landlord by the applicant are to comply.