Explanatory note

Section 27 of the Housing Act 1985 (c.68) enables a local housing authority to delegate management of its housing to a manager through a management agreement. Local housing authorities who provide or intend to provide social housing will be subject to regulation by the Regulator of Social Housing under Part 2 of the Housing and Regeneration Act 2008 (c. 17) when that regime is commenced. The Regulator of Social Housing’s enforcement powers include the power to impose a requirement to put the management of social housing out to tender or to require transfer of management functions to a specified provider. These Regulations require that any management agreement entered into on or after the date on which Part 2 of the Housing and Regeneration Act 2008 is commenced, must include break clause allowing the agreement to be determined and the management functions transferred in circumstances where a management requirement is imposed by the regulator.