header-logo header-logo

30 June 2017 / Bethan Walsh
Issue: 7752 / Categories: Features , Charities
printer mail-detail

Charitable house sales

nlj_7752_walsh

What do recent planning changes mean for non-exempt charitable housing associations? Bethan Walsh looks at the law

  • As of 6 April 2017, non-exempt charitable housing associations need to comply with ss 117-121 of the Charities Act 2011 when they dispose of land.

Recent changes made by the Housing and Planning Act 2016 (HPA 2016) have affected the extent to which registered providers of social housing (RPs) are required to comply with Pt 7 of the Charities Act 2011 (ChA 2011) with regard to disposals of land and mortgages. These changes came into effect as of 6 April 2017.

Background

Section 171(1) of the Housing and Regeneration Act 2008 (HRA 2008) provided a general power for an RP to dispose of land. Where such land was a dwelling that was social housing, RPs were required to obtain consent from the Homes and Communities Agency (HCA) under s 172 of the HRA 2008 or from the Welsh Ministers under s 133 of the Housing Act 1988 in relation to land in Wales.

The disposal

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll