Housing (Miscellaneous Provisions) Act 2009

Direct sales agreement.

80.— (1) This section applies to the following persons—

(a) a person with whom the housing authority has a contract for the provision of dwellings for the purposes of section 79 ,

(b) a public private partnership with whom the housing authority has entered into an arrangement under section 79 (2) (b) for the provision of dwellings for the purposes of that section, and

(c) a person with whom the planning authority has entered into an agreement under section 96 (2) of Part V of the Planning and Development Act 2000 for the provision of dwellings referred to in section 94(4)(a) of that Act (in this Part referred to as a “ Part V agreement ”).

(2) A housing authority, pursuant to its functions under section 79 , or a planning authority, pursuant to its functions under Part V of the Planning and Development Act 2000 , may enter into an agreement (in this Part referred to as a “ direct sales agreement ”) with a person to whom this section applies for the direct sale, in accordance with this Part, of the dwellings specified in the agreement to eligible households nominated by the housing authority in accordance with a scheme of priority.

(3) A direct sales agreement shall provide that a person to whom this section applies 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 households, subject to the terms and conditions specified in subsection (4).

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

(a) shall include the following:

(i) that the sale price for each dwelling specified in the agreement shall be the purchase money;

(ii) that the dwellings specified in the agreement shall be sold directly to eligible households nominated by the housing authority in accordance with a scheme of priority;

(iii) 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 households,

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) In the case of a Part V agreement, where the total amount due under a direct sales agreement to a person referred to in subsection (1) (c) is less than the amount due to such person under the Part V agreement, the amount of any such difference shall be paid by the housing authority to that person.