Age of consent
The TSA’s new regulations cut through a lot of red tape for social landlords, writes Robert Wassall
On 1 April the Tenant Services Authority introduced a general consent for the disposal of social housing dwellings. This is good news for most registered providers because it enables them to make many disposals without first obtaining the specific consent of the TSA.
A housing association, like any other landowner, has the power to dispose of its land (provided its rules authorise the disposal). However, in the case of registered providers, this power has always been subject to consent, from the regulator - now the TSA. From 1 April such consents became subject to section 172 of the Housing and Regeneration Act 2008, replacing the old requirements, contained in section 9 of the Housing Act 1996.
The definition of ‘disposal’ of a dwelling includes a sale; lease; mortgage; or charge of a dwelling, or any interest in it. The TSA says it interprets ‘a dwelling’ to mean: (a) the asset which is intended to be disposed of is capable of being let or sold and includes; (b) shared accommodation, such as hostels, shared housing and residential care; (c) a former dwelling or land on which once stood a dwelling; and (d) the land, fixtures and fittings usually enjoyed with the dwelling, such as gardens, garages and outbuildings.
The TSA says this will ‘minimise interference and reduce administration charges for all parties’. This should cut out a lot of ‘red tape’ and allow providers to more easily manage their stock. Already, things seem to have improved; a client of ours recently received consent just two weeks after applying for it.
Robert Wassall is a partner and head of social housing at Blake Lapthorn Solicitors
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Readers' comments (1)
Michael Read | 14/06/2010 5:29 pm
So housing associations are to be free to churn without fetter to hide their operational inefficiency?
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