VadeLab
StatuteHousing Act 1985

Section 32 — Housing Act 1985: Power to dispose of land held for purposes of this Part.

Text of the provision Official document

Power to dispose of land held for purposes of this Part. 32 1 Without prejudice to the provisions of Part V (the right to buy) . . ., a local authority have power by this section, and not otherwise, to dispose of land held by them for the purposes of this Part.

2 A disposal under this section may be effected in any manner but, subject to subsections (3) and (3A) , shall not be made without the consent of the Secretary of State.

3 No consent is required for the letting of land under a secure tenancy or an introductory tenancy or under what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 (tenancies, other than long leases and introductory tenancies , which are not secure). 3A No consent is required for the letting of land (in Wales) under—

a a secure contract, b a supported standard contract, c an introductory standard contract, or d a standard contract—

i in relation to which the exception in section 11(2) of the Renting Homes (Wales) Act 2016 (anaw 1) applies (first exception to requirement that contract made by a community landlord is a secure contract),

and ii which is within any of paragraphs 4 and 6 to 14 of Schedule 3 to that Act (occupation contracts made with or adopted by community landlords which may be standard contracts).

4 For the purposes of this section the grant of an option to purchase the freehold of, or any other interest in, land is a disposal and a consent given to such a disposal extends to a disposal made in pursuance of the option.

5 Sections 128 to 132 of the Lands Clauses Consolidation Act 1845 (which require surplus land first to be offered to the original owner and to adjoining land-owners) do not apply to the sale by a local authority of land held by them for the purposes of this Part.

6 The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.

Official source: legislation.gov.uk

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Statutory text from an official public source. Informational content — does not replace advice from a qualified solicitor.