Housing (Regulation of Approved Housing Bodies) Act 2019

PART 6

Intervention

Chapter 1

Transfer of Certain Dwellings and Protection of AHBs

Protection of tenants: requirement to transfer certain dwellings

53. (1) This section applies to the following persons:

(a) a person who is deemed to be registered as an AHB by virtue of section 34 (1) and who fails to apply for registration under section 27

(i) before the end of the period specified in section 34 (6)(a), (b), (c) or (d), as the case may be, or any extension of that period under section 34 (7), or

(ii) before the end of the period specified in a notice under section 34 (10)(a);

(b) a person who is deemed to be registered as an AHB by virtue of section 34 (1) and, in respect of whose application for registration under section 27 , notice of a decision to refuse to grant the application is given under section 31 ;

(c) an AHB who, by notice given to the Regulator under section 57 (1), requests cancellation of its registration as an AHB;

(d) an AHB to whom notice of a proposal to cancel its registration has been given under section 58 (3);

(e) an AHB whose registration is cancelled under section 57 or 58 , as the case may be.

(2) Where the Regulator considers that it is necessary to do so for the purpose of the protection of tenants of dwellings provided for the purpose specified in sectio 25 (2)(b)(i) by a person to whom this section applies, the Regulator may, by notice to such person, require the person to transfer all or any of such dwellings, without prejudice to any right or interest of the tenants concerned in the dwellings, together with any common areas, structures, works and services and communal facilities and amenities that are in the ownership or under the control of that person, to an AHB identified by the Regulator or to such other person as the Regulator considers appropriate.

(3) A notice under subsection (2) shall set out—

(a) the reasons why the Regulator considers it necessary that the transfer required under subsection (2) be made,

(b) details, including their location, of the dwellings and any common areas, structures, works and services and communal facilities and amenities that are required to be transferred under subsection (2),

(c) the name of the AHB or person to whom it is proposed that the transfer required under subsection (2) be made, and

(d) the period within which the AHB or any other person (other than the tenants of the dwellings concerned) who has any right or interest in the dwellings or any common areas, structures, works and services or communal facilities and amenities that are required to be transferred under subsection (2) may object, in writing, to such transfer.

(4) Where a notice under subsection (2) is given to a person to whom this section applies, the person shall give a copy of the notice as soon as practicable to—

(a) the housing authority in whose functional area the dwellings that are required to be transferred under subsection (2) are situated, and

(b) any other person (other than the tenants of the dwellings concerned) who has any right or interest in the dwellings or any common areas, structures, works and services or communal facilities and amenities that are required to be transferred under subsection (2), including any mortgagee or any other person who is the owner of any security or charge affecting those dwellings or any such common areas, structures, works and services or communal facilities and amenities.

(5) Where a person to whom this section applies to whom a notice is given under subsection (2), or any other person to whom a copy of the notice is given under subsection (4), objects to the proposed transfer within the period specified in the notice, the Regulator may apply to the High Court for an order under section 54 .