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STATUTORY INSTRUMENTS
1991No. 1281
NEW TOWNS
ENGLAND AND WALES
The New Towns (Transfer of Housing Stock) (Amendment) Regulations
1991
Made
28th May 1991
Laid before Parliament
6th June 1991
Coming into force
27th June 1991
The Secretary of State for the Environment, in exercise of the
powers conferred upon him by sections 172 and 190(1) of the Local
Government and Housing Act 1989[1]
, and of all other powers enabling him in that behalf,
hereby makes the following Regulations:
Citation and commencement 1. These Regulations may be cited as the New Towns (Transfer of Housing
Stock) (Amendment) Regulations 1991 and shall come into force on 27th
June 1991.
Amendment of the New Towns (Transfer of Housing Stock) Regulations 1990 2. The New Towns (Transfer of Housing Stock) Regulations 1990[2]
shall be amended—
(a) by inserting the following regulation after regulation 7—
"Purposes for which transferred land held 7A. —Where a new town corporation transfer any housing stock
under these Regulations to a district council, that housing stock shall
be treated as having been acquired by the council under Part II of the
Housing Act 1985[3]
, except insofar as the instrument by which the transfer
is effected provides that it is acquired for some other statutory
purpose for which the council may acquire land."
;
(b) by inserting the following paragraph after regulation 13(6)—
" (7) Where the corporation are of the opinion that a statement
submitted to them under paragraph (2)(c) is misleading or inaccurate in
any particular they may, instead of requiring a new statement to be
prepared, approve the statement save for that particular, and direct the
teller to send to each tenant being consulted the submitted statement
together with an additional statement, prepared by the corporation,
which they consider corrects the inaccurate or misleading particular."
;
(c) in regulation 17(3), by inserting the following after sub-paragraph (c)—
"; and
(d) that the rent in respect of a subsisting tenancy mentioned in
sub-paragraph (a) of any dwelling occupied as such at the date of
transfer—
(i) for the period ending immediately before the first anniversary of
the relevant date after the transfer will not exceed that charged by the
corporation at the date of transfer; and
(ii) thereafter would increase (if at all) on each anniversary of the
relevant date by an amount not exceeding the aggregate of 4% and the
amount (if any) by which the valuers estimate that the retail prices
index for the month in which the anniversary occurs will be greater than
that for the month in which the previous anniversary of the relevant
date occurred, expressed as a percentage of the estimated retail prices
index for the last-mentioned month."
;
(d) by inserting after regulation 17(3) the following paragraphs—
" (4) For the purposes of the valuation assumption in paragraph (3)(d)
any estimation of the duration of a subsisting tenancy of a dwelling
shall be made on the basis that the tenancy is treated as in effect
during any period when a subsequent tenancy of the dwelling is in effect
which was granted to a person who was a tenant of another dwelling,
which was occupied as such, at the date of transfer.
(5) In paragraph (3)(d)"the relevant date"
means the date on which the corporation last increased the rent
under the tenancy prior to the date of transfer."
.
These Regulations amend the New Towns (Transfer of Housing Stock)
Regulations 1990 (which make provision requiring the transfer of new
town housing stock). They provide that where a new town corporation
transfer housing stock to the district council in whose area it is
situated, the stock is to be treated as having been acquired by the
council under Part II of the Housing Act 1985, save in certain specified
circumstances. They also make further provision about the statement by
the prospective landlord which is required to be approved by the
transferring corporation and to be sent to all tenants. The corporation
may now approve a statement which they consider to be misleading or
inaccurate in some particular; but require an additional corrective
statement prepared by them to be sent with it. The Regulations also
specify additional assumptions upon which any valuation of the housing
stock is to be made in relation to the rents of tenancies, of certain
dwellings, subsisting at the date of transfer of the stock.