The rent cap is determined in accordance with paragraphs 11 and 12 of Appendix A to the Rent Policy Statement. The provisions of the Localism Act that make these changes come into effect on 1st April 2012. Revised legislation carried on this site may not be fully up to date. All content is available under the Open Government Licence v3.0, except where otherwise stated, nationalarchives.gov.uk/doc/open-government-licence/version/3, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, Specific expectations: 2020 limit, Social rent, Fair rent, Affordable rent housing, Moving between types of rent and Local authority information requirements, Shared ownership low cost rental accommodation, a. determining the average weekly rent for the tenant’s accommodation in the fourth relevant year specified in section 23(6) of the Welfare Reform and Work Act 2016, and. Housing Act 1988 (c. 50) 2. 3.15 Where a tenancy subject to fair rent protection ends and the property is re-let, that new letting should be at social rent (or Affordable Rent where applicable and permitted. may also experience some issues with your browser, such as an alert box that a script is taking a See 3.17a below). SHORT TITLE; TABLE OF CONTENTS. Indicates the geographical area that this provision applies to. 200 provisions and might take some time to download. 200 provisions and might take some time to download. 3.13 If the formula rent is higher than 80% of the weekly market rent (inclusive of service charges) for the tenant’s accommodation, the maximum weekly rent is formula rent which is to be set as in paragraphs 3.3-3.6 above and would be exclusive of service charges. The Housing Grants, Construction and Regeneration Act 1996 is an Act of Parliament of the United Kingdom.Its long title shows that it is a piece of omnibus legislation: . 1 and Transitional Provision) Order 2008 (S.I. 1 and Transitional Provision) Order 2008 (S.I. ii. long time to run. Where material issues that relate to non-compliance or potential non-compliance with the Rent Standard are identified by local authorities, they are expected to communicate these to the Regulator promptly. Section 21 of the Landlord and Tenant Act 1985 is the subject of continuing confusion for leaseholders, landlord and industry professionals. Social housing for the purposes of the RTB Retention Agreement is defined as "low cost rental accommodation" as defined in section 68 (1) (a) of Housing and Regeneration Act 2008 (the 2008 Act). It has been two years since s203 of the Housing and Planning Act 2016 became operative, replacing s237 of the Town and Country Planning Act 1990. 3.5 The formula rent of accommodation is found in accordance with the method set out in paragraphs 2.4 to 2.6 of the Rent Policy Statement. 2. For further information see ‘Frequently Asked Questions’. To help us improve GOV.UK, we’d like to know more about your visit today. 1. Part 2 Housing and Regeneration Act 2008 as amended by schedules 16 and 17 Localism Act 2011. Part 3.4 Where accommodation is not affordable rent housing (see 3.8-3.9 below) the maximum weekly rent for a tenant who is granted a tenancy of the accommodation for the first time is formula rent. Part 1 of Schedule 15 to the Housing and Regeneration Act 2008 (“the 2008 Act”) amends Parts 6 and 7 of the Housing Act 1996 (“the 1996 Act”). 3.1 Registered providers must comply in full with all the requirements and expectations set out in this Rent Standard. Any local housing authority that is a landlord of social housing is subject to compulsory registration under Section 114 of the Housing and Regeneration Act 2008. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. for local authorities will be published by MHCLG in due course The United States Housing and Economic Recovery Act of 2008 (Pub.L. 2008/2358 (C.103)); The Housing and Regeneration Act 2008 (Commencement No. See how this legislation has or could change over time. 2008/2358, art. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. if the tenant’s rent exceeds the rent flexibility level, a. registered provider pursuant to a housing supply delivery agreement between that provider and the Homes and Communities Agency (now known as Homes England) or the Greater London Authority and the accommodation is permitted by that agreement to be let at an affordable rent; or, b. registered provider pursuant to an agreement between a local authority and the Secretary of State and the accommodation is permitted by that agreement to be let at an affordable rent; or. 2 and Transitional, Saving and Transitory … 8 City Walk 1. The estimated costs and benefits of proposed measures. long time to run. The rent set may include an upwards tolerance – “Rent Flexibility” – of. In section 133(3) of the Housing Act 1988 (consent required... Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) 3. You may also experience some issues with your browser, such as an alert box that a script is taking a if the accommodation is supported housing, 10% of formula rent; or. You can change your cookie settings at any time. 200 provisions and might take some time to download. 110–289 (text), 122 Stat. Act you have selected contains over Why the government is proposing to intervene; The main options the government is considering, and which one is preferred; How and to what extent new policies may impact on them; and. You An Act To provide needed housing reform and for other purposes. 2 (with Sch.). Section 325 - Commencement. Affordable Rent falls within the definition of social housing in section 68 of the Housing and Regeneration Act 2008 (and, in particular, the definition of low cost rental accommodation in section 69 of that Act). The Whole It will take only 2 minutes to fill in. Part You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. 3.17 Social rent properties may not be converted to: 3.18 Affordable Rent housing must not be converted (including on re-let) to: 3.19 Local authority registered providers shall communicate with the Regulator in an accurate and timely manner. 2.2 This Rent Standard does not apply to the following categories of property, as defined in Chapter 5 of the Rent Policy Statement: 2.3 This Rent Standard does not apply to property let to a high-income social tenant, for the period of time where that property is let to that tenant. a. 69 in force at 1.4.2010 in so far as not already in force by S.I. Schedules you have selected contains over Different options to open legislation in order to view more content on screen at once. The Housing and Regeneration Act 2008 (c 17) is an Act of the Parliament of the United Kingdom.. in any other case, the average weekly rent payable by the tenant of that accommodation in respect of the fourth year. 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. Appropriation; Development; Share on Facebook Share on Twitter Share via email Share on LinkedIn . 2 and Transitional, Saving and Transitory … Sections 68 and 69 of the Housing and Regeneration Act 2008 define social housing in England as accommodation for rent at below market rent with allocation rules designed to ensure that it is provided to people whose needs are not met by the commercial housing market. 3.16 On re-letting of a property previously occupied by a high-income social tenant, the new letting should be at social rent (or Affordable Rent where applicable and permitted. For more information see the EUR-Lex public statement on re-use. (1) The Housing Act 1985 is amended as follows. There are currently no known outstanding effects for the Housing and Regeneration Act 2008, Section 69. These changes come into force on 6 April 2017 when the Housing and Planning Act 2016 amends the Housing and Regeneration Act 2008. The three leading contenders are the versions are last updated by the following three Acts of Parliament: Version 1: The wording of Section 21 of the Landlord and Tenant Act 1985 as last 1.1 Registered providers[footnote ] must set rents from 1 April 2020 in accordance with the Government’s Policy Statement on Rents for Social Housing 2018 (hereafter Rent Policy Statement)[footnote ] which can be found on the Ministry of Housing, Communities and Local Government (MHCLG) website. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. 3.9 Registered providers may not increase the rent of a tenant with fair rent protection by more than CPI +1% in any year (even if the tenant’s rent is below the formula rent level and the maximum fair rent is increased by more than that amount). Dependent on the legislation item being viewed this may include: Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. (1) In this Part “ social housing ” means— (a) low cost rental accommodation (defined by section 69), and (b) low cost home ownership accommodation (defined by section 70). Formula rents are exclusive of any service charges. AR includes London Affordable Rent (LAR) homes (as AR homes let at or below the LAR benchmarks may be described). Retention and sustainability of shared ownership housing stock in hard to replace areas The Whole You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. We use some essential cookies to make this website work. 2008 Housing and Regeneration Act . “2020 limit” means the amount that is found by: 3.3 This formula for calculating the 2020 limit applies to both Social Rent and affordable rent housing. We’ll send you a link to a feedback form. (b) section 18 of the Housing Act 1996 (social housing grant), or (c) section 50 of the Housing Act 1988, section 41 of the Housing Associations Act 1985 (c. 69) or section 29 or 29A of the Housing Act 1974 (c. 44) (housing association grant). no accommodation available in the UK or abroad 2. no legal right to occupy the accommodation 3. split households and availability of accommodation for whole household 4. unreasonable to continue to occupy accommodation 5. violence from any person 6. applicant unable to secure entry 7. applicant lives in a moveable structure but has no place to put this. For further information see the Editorial Practice Guide and Glossary under Help. This section has no associated Explanatory Notes. Orders made under section 325(1) The Housing and Regeneration Act 2008 (Commencement No. AR homes must be owned by a Registered Provider, who must maintain accurate and complete records both for reporting and audit purposes and 2.4 Where the application of this Rent Standard would jeopardise the financial viability of a private registered provider, the Regulator may agree, on request from that provider, an exemption to specific requirements of the Rent Standard for a period of time[footnote ]. Affordable Rent falls within the definition of social housing in section 68 of the Housing and Regeneration Act 2008 (and, in particular, the definition of low cost rental accommodation in section 69 of that Act). Affordable Rent (other than in the circumstances set out in chapter 2 of the Rent Policy Statement); b. market rent (other than in the circumstances set out in chapter 4 of the Rent Policy Statement); or, a. market rent (other than in the circumstances set out in chapter 4 of the Rent Policy Statement); or. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). Restriction:No disposition of the registered estate by the proprietor of the registered estate is to be completed by registration without a certificate by the registered proprietor signed by their secretary or by two trustees if a charitable trust or by their conveyancer that the S. 69 in force at 8.9.2008 for specified purposes by, S. 69 in force at 1.4.2010 in so far as not already in force by, the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. ↩, market rent” means, in relation to accommodation, an estimate of its market rent inclusive of all service charges at the time the tenancy is granted that is based on a valuation in accordance with a method recognised by the Royal Institution of Chartered Surveyors. the accommodation is made available in accordance with rules designed to ensure that it is made available to people whose needs are not adequately served by the commercial housing market. The first date in the timeline will usually be the earliest date when the provision came into force. This publication is available at https://www.gov.uk/government/publications/rent-standard/rent-standard-april-2020. The Housing and Regeneration Act 2008 (c 17) is an Act of the Parliament of the United Kingdom.. You Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Act Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Act you have selected contains over Don’t worry we won’t send you spam or share your email address with anyone. The Whole Risk of early enfranchisement 2. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. Access essential accompanying documents and information for this legislation item from this tab. long time to run. Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. The Localism Act 2011 (the Localism Act) - This legislation significantly amends parts of the Housing and Regeneration Act 2008 (the 2008 Act) which established the objectives and certain powers of the social housing regulator. All other terms used in this Rent Standard are defined within the ‘Policy Statement on rents for social housing’. (2) Accommodation which becomes “social housing” by satisfying subsection (1)(a) or (b) remains “ social housing ” for the purposes of this Part unless and until an event specified in sections 73 to 76 occurs. 69 in force at 8.9.2008 for specified purposes by S.I. The Whole without 5 Housing and Regeneration Act 2008 s127(1) 6 Housing and Regeneration Act 2008 s127(2) 7 This requirement only relates to those PRPs that operated a DPF on or before 6 April 2017 8 This requirement reflects the power of the regulator as preserved in section 177(4) of the Act Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site. 3.2 In the year following the end of the social rent reduction period the maximum weekly rent for an existing tenant is the 2020 limit. Orders made under section 325(1) The Housing and Regeneration Act 2008 (Commencement No. By Michele Vas. (c)the accommodation is made available in accordance with rules designed to ensure that it is made available to people whose needs are not adequately served by the commercial housing market. you have selected contains over 3.12 Where Affordable Rent is being charged, the maximum rent inclusive of service charge for a new tenant under a new tenancy is 80% of the market rent[footnote ] for the tenant’s accommodation, subject to 3.13 and 3.14 below. were tabled during its passage through parliament. 3.6 As set out in paragraph 2.8 and 2.9 of the Rent Policy Statement, formula rent is subject to the rent cap. This definition then directs you to section 69 of the 2008 Act which defines low cost rental accommodation as that which is: made available for rent; The Schedules you have selected contains over 200 provisions and might take some time to download. The reason for this confusion is that there are multiple versions of Section 21, 7 to date, and it is not certain which of these currently apply. 3.1.3. The Housing Grants, Construction and Regeneration Act 1996 (HGRA - also known as the Construction Act) is intended to ensure that payments are made promptly throughout the supply chain and that disputes are resolved swiftly. The second SI is the Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008. 2.1 This Rent Standard applies, subject to the exceptions in 2.2-2.5 below, to ‘low cost rental’ accommodation, as defined by section 69 of the Housing and Regeneration Act 2008. ... (by section 92 of, and Schedule 4 to the 2016 Act… No versions before this date are available. 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