Section 86 Tenancies to which Part VI applies.
England and Wales
In this Part of this Act “housing association tenancy” means a tenancy to which this Part of this Act applies.
This Part of this Act applies to a tenancy F1(other than a co-ownership tenancy) where—
the interest of the landlord under that tenancy belongs to a housing association or housing trust, or to the F2Regulator of Social Housing F3or to the Secretary of State where that interest belongs to him as the result of the exercise by him of functions under Part III of the Housing Associations Act 1985. . ., and
In this Part of this Act “housing association”F5has the same meaning as in the Housing Associations Act 1985
restrict membership to persons who are tenants or prospective tenants of the association, and
preclude the granting or assigning of tenancies to persons other than members.
For the purposes of this section a tenancy is a “co-ownership tenancy” if—
it was granted by a housing association which F7is a co-operative housing association within the meaning of the Housing Associations Act 1985; and
the tenant (or his personal representatives) will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any conditions stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling-house.
In this Part of this Act “housing trust” has the same meaning as in section 15 of this Act.
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Annotations
Textual amendments
- F1
Words inserted by Housing Act 1980 (c. 51, SIF 61), Sch. 10 para. 1(2)
- F2
Words in s. 86(2)(a) 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. 11 (with art. 6, Sch. 3)
- F3
Words in s. 86(2)(a) inserted (15.1.1999) by S.I. 1999/61, art. 2, Sch. para. 1(2)
- F4
Words in s. 86(2)(b) inserted (15.1.1999) by S.I. 1999/61, art. 2, Sch. para. 1(3)
- F5
Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(5)(a)
- F6
S. 86(3A) inserted by Housing Act 1980 (c. 51, SIF 61), Sch. 10 para. 1(4)
- F7
Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(5)(b)
- F8
S. 86(4) substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 10 para. 1(5)
- F9
Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26
Marginal citations
- M1
Modifications
- C1
S. 86(2)(a) modified (1.12.2008) by Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 1 (with art. 6)
- C2
S. 86(2)(b) modified by Housing Act 1988 (c. 50, SIF 75:1), s. 35(3)