Regulation 19 Affordable rent housingI1

England and Wales

(1)

For the purposes of paragraph 4(2) of Part 1 of Schedule 2 to the Act affordable rent housing is accommodation which—

(a)

satisfies one of the conditions in paragraphs (2) to (4); and

(b)

is let at an affordable rent.

(2)

Subject to paragraph (5), the accommodation is provided pursuant to a relevant agreement with the Homes and Communities Agency or the Greater London Authority and the accommodation is permitted by the agreement to be let as social housing at an affordable rent.

F1(2A)

Subject to paragraph (5), the accommodation is provided by a private registered provider under an agreement with the Cambridgeshire and Peterborough Combined Authority —

(a)

to provide the accommodation pursuant to paragraph 20 of the Cambridgeshire and Peterborough Devolution Deal of 16th March 2017, and

(b)

which permits the accommodation to be let as social housing at an affordable rent.

(2B)

Subject to paragraph (5), the accommodation is provided by a private registered provider under an agreement with one or more of the local authorities specified in paragraph (2C) —

(a)

to provide the accommodation pursuant to the Oxfordshire Housing and Growth Outline Agreement of 22nd November 2017, and

(b)

which permits the accommodation to be let as social housing at an affordable rent.

(2C)

For the purposes of paragraph (2B), the specified local authorities are—

(a)

Cherwell District Council,

(b)

Oxford City Council,

(c)

South Oxfordshire District Council,

(d)

Vale of White Horse District Council,

(e)

West Oxfordshire District Council.

(3)

The accommodation is provided by a local authority and the Secretary of State, the Homes and Community Agency or the Greater London Authority has agreed that it is appropriate for that accommodation to be let as social housing at an affordable rent.

(4)

Subject to paragraph (5), the accommodation is provided by a local authority using funding obtained wholly or in part from capital receipts which are the subject of an agreement between the Secretary of State and that local authority pursuant to section 11(6) of the Local Government Act 2003 (use of capital receipts)^f1 which permits the accommodation to be let as social housing at an affordable rent.

(5)

Accommodation is not affordable rent housing where the terms of an agreement require that a proportion or a number of units of accommodation provided pursuant to the agreement are to be accommodation let on a social rent basis and, in a particular case, the registered provider has designated or intends to designate the accommodation as accommodation let on a social rent basis in order to comply with that agreement;

(6)

In paragraph (2) “relevant agreement” means an agreement under one of the following programmes—

(a)

The Affordable Homes Programme 2011 – 15;

(b)

The Affordable Homes Programme 2015 – 18;

(c)

The F2Shared Ownership and Affordable Homes Programme 2016 – 21;

(d)

The Bringing Empty Homes Back Into Use Programme, November 2011;

(e)

The Bringing Empty Properties Back Into Use as Affordable Housing Programme, December 2012;

(f)

The Care and Support Specialised Housing Fund Programme, Phase 1, October 2012;

(g)

The Care and Support Specialised Housing Fund Programme, Phase 2, February 2015;

(h)

The Affordable Homes Guarantees Programme 2013 – 17;

(i)

The Homelessness Change Programme 2015 – 2017;

(j)

The Platform for Life Programme 2015 – 2017;

(k)

The London Mayor’s Housing Covenant Programme 2015 – 2018;

(l)

The London Mayor’s Care and Support Specialised Housing Fund Programme, Phase 1, October 2012;

(m)

The London Mayor’s Care and Support Specialised Housing Fund Programme, Phase 2, March 2015;

F3(n)

The Homes for Londoners: Affordable Homes Programme 2016 – 21;

(o)

The London Housing Zones programme.

(7)

In this regulation “affordable rent” means an initial rent which is no more than 80% of the market rent^f2 or rent set on a social rent basis (if higher).

Annotations

Textual amendments

F1: Reg. 19(2A)-(2C) inserted (23.4.2019) by The Social Housing Rents (Exceptions and Miscellaneous Provisions) (Amendment) Regulations 2019 (S.I. 2019/682), regs. 1, 2(2)
F2: Words in reg. 19(6)(c) inserted (1.3.2017) by The Social Housing Rents (Exceptions and Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/91), regs. 1(2), 3(2)(a)
F3: Reg. 19(6)(n)(o) inserted (1.3.2017) by The Social Housing Rents (Exceptions and Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/91), regs. 1(2), 3(2)(b)

Commencement

I1: Reg. 19 in force at 1.4.2016, see reg. 1(1)

Footnotes

f1: 2003 c. 26. Subsection (6) was inserted by the Localism Act 2011.
f2: See paragraph 4(7) of Schedule 2 to the Act which provides that a reference to market rent includes a reference to an amount payable by service charge.