Paragraph 4 F1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 4A para. 3(3) words substituted by Leasehold and Freehold Reform Act 2024 s. 41(2)(e)(i)
Sch. 4A para. 3A(3) words substituted by Leasehold and Freehold Reform Act 2024 s. 41(2)(e)(ii)
Sch. 4A para. 4A(6) words substituted by Leasehold and Freehold Reform Act 2024 s. 41(2)(e)(iii)
Sch. 4A para. 5(2)(a) substituted for Sch. 4A para. 5(2)(a)(b) by Leasehold and Freehold Reform Act 2024 Sch. 8 para. 7(3)
Sch. 4A omitted by Leasehold and Freehold Reform Act 2024 Sch. 8 para. 11(3)

(1)

A lease for the elderly granted by a F2registered housing association and which complies with the conditions set out in sub-paragraph (2) is excluded from the operation of this Part of this Act at any time when the interest of the landlord belongs to F3a relevant housing provider .

(2)

The conditions are that the lease—

(a)

is granted at a premium which is calculated by reference to a percentage of the value of the house or of the cost of providing it,

(b)

complies, at the time when it is granted, with such requirements as may be prescribed, and

(c)

states the landlord’s opinion that by virtue of this paragraph the lease will be excluded from the operation of this Part of this Act at any time when the interest of the landlord belongs to F4a relevant housing provider .

(3)

In this paragraph—

“lease for the elderly” has such meaning as may be prescribed; and

F5“relevant housing provider” means—

(a)
in relation to a lease of social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a private registered provider of social housing, or
(b)
a registered social landlord within the meaning of Part 1 of the Housing Act 1996.

Annotations

Textual amendments

F1: Schedule 4A inserted by Housing and Planning Act 1986 (c. 63, SIF 75:1), s. 18, Sch. 4 para. 6
F2: Words in Sch. 4A para. 4(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 1(1)(2)(a)
F3: Words in Sch. 4A para. 4(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 2(3)(a) (with art. 6, Sch. 3)
F4: Words in Sch. 4A para. 4(2)(c) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 2(3)(a) (with art. 6, Sch. 3)
F5: Words in Sch. 4A para. 4(3) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 2(3)(b) (with art. 6, Sch. 3)

Notes on Certain leases granted by housing associationsCertain housing association and other leases

Textual amendments

F2: Sch. 4A para. 3 cross-heading substituted (1.12.2008 for E. for specified purposes, 7.9.2009 for E. in so far as not already in force) by Housing and Regeneration Act 2008 (c. 17), ss. 301(2), 325(1); S.I. 2008/3068, art. 4(5) (with arts. 6-13); S.I. 2009/2096, art. 2(2)(b) (with art. 3(1)(2))