Structure of the Act Part 2 – Regulation of Social Housing Regulator’s consent Section 173 - Exceptions
505.This section lists exceptions to the requirement for consent in section 172.
506.Subsection (2) states that consent is not required for disposal by way of:
507.This makes clear that consent is not required for residential tenancies. It broadly replicates the effect of section 10(1) of the 1996 Act. It also ensures that the profit-making registered providers (as well as non-profit registered providers) are exempt from the requirement to obtain consent from the regulator before granting a residential tenancy of a type listed in section 173(2).
508.Subsection (3) states that consent is not required for a disposal to which section 81 or 133 of the Housing Act 1988 or section 173 of the Local Government and Housing Act 1985 applies, as consent is already required under those provisions. This broadly replicates the effect of section 10(2) of the 1996 Act.
509.Subsection (4) states that consent is not required for a disposal under Part V of the Housing Act 1985 (right to buy).
510.Subsection (5) states that consent is not required for a disposal in pursuance of a tenant’s right to acquire under section 16 of the 1996 Act, or section 180.
511.Subsections (4) and (5) together broadly replicate the effect of section 10(3) of the 1996 Act.