Affordable Housing Act 2021

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Direct sales agreement

7. (1) In this section, “direct sales developer” means each of the following:

(a) a person with whom a housing authority has a contract for the provision of dwellings for the purposes of section 6 ;

(b) a person with whom a housing authority has entered into arrangements pursuant to paragraph (a) or (c) of subsection (2) of section 6 for the purposes of that section;

(c) a public private partnership with whom a housing authority has entered into an arrangement under paragraph (d) of subsection (2) of section 6 for the purposes of that section;

(d) a person with whom a planning authority has entered into a Part V agreement.

(2) A housing authority, pursuant to its functions under section 6 , or a planning authority, pursuant to its functions under Part V of the Act of 2000, may enter into an agreement (in this section referred to as a “direct sales agreement”) with a direct sales developer for the direct sale, in accordance with this Part, of the dwellings specified in the agreement to eligible applicants nominated by the housing authority in accordance with a scheme of priority.

(3) A direct sales agreement shall provide that the direct sales developer may carry out any necessary transactions in relation to the direct sale, in accordance with this Part, of the dwellings specified in the agreement to eligible applicants, subject to the terms and conditions specified in subsection (4).

(4) The terms and conditions referred to in subsection (3)—

(a) shall—

(i) require that the dwellings specified in the agreement be sold directly to eligible applicants nominated by the housing authority in accordance with a scheme of priority,

(ii) specify, or make provision for, the terms and conditions (including as to price) on which the dwellings specified in the agreement shall be sold to eligible applicants nominated by the housing authority,

(iii) require that the direct sale not be completed until the eligible applicant has entered into an affordable dwelling purchase arrangement with the housing authority,

(iv) include terms and conditions relating to—

(I) arrangements for the completion of sales,

(II) notification of sales to the housing authority, and

(III) any other matters relating to the sale of the dwellings specified in the agreement to eligible applicants,

and

(b) may include such other terms and conditions relating to the transactions referred to in subsection (3) as may be prescribed for the purposes of affordable dwelling purchase arrangements.

(5) Where the total amount due to a person under a direct sales agreement is less than the amount due to such person under a contract or arrangement referred to in paragraph (a), (b) or (c) of subsection (1), the amount of any such difference shall be paid by the housing authority to that person.

(6) Where the total amount due to a person under a direct sales agreement is greater than the amount due to such person under a contract or arrangement referred to in paragraph (a), (b) or (c) of subsection (1), the amount of any such difference shall be paid by that person to the housing authority.

(7) Where the total amount due under a direct sales agreement to a person referred to in subsection (1)(d) is less than the amount payable to such person under the Part V agreement in respect of the dwellings specified in the direct sales agreement, the amount of any such difference shall be paid by the housing authority to that person.

(8) Where the total amount due under a direct sales agreement to a person referred to in subsection (1)(d) is greater than the amount payable to such person under the Part V agreement in respect of the dwellings specified in the direct sales agreement, the amount of any such difference shall be paid by that person to the housing authority.