Q&As

In a lease granted by a local authority to a registered provider, if there are no conditions requiring an assignment to be to another registered provider only (ie the lease can be assigned to any suitable party), is there anything in statute that can be relied upon to refuse consent to an assignment to any party that is not a registered provider of affordable housing? There is a condition in the underletting covenant to state that this must be on affordable rent terms but no such condition on assignments.

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 29/01/2021

The following Property Disputes Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • In a lease granted by a local authority to a registered provider, if there are no conditions requiring an assignment to be to another registered provider only (ie the lease can be assigned to any suitable party), is there anything in statute that can be relied upon to refuse consent to an assignment to any party that is not a registered provider of affordable housing? There is a condition in the underletting covenant to state that this must be on affordable rent terms but no such condition on assignments.

Local Authorities will commonly lease property to registered housing providers to provide accommodation for persons entitled to it. These arrangements are often made under sections 24–26 of the Local Government Act 1988 by the disposal of land for development as housing accommodation. The general consent in this regard provided by the Secretary of State is given on the condition that any housing accommodation to be developed on the land shall be let as social housing or shared ownership or a lease for the elderly or used as temporary accommodation for homeless persons. Alternatively, registered providers may be providing housi

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