Citation, commencement and extent

1. —(1) These Regulations may be cited as the Transfer of Tenancies and Right to Acquire (Exclusion) Regulations 2012 and come into force on 1st April 2012.

(a) These Regulations apply only in relation to dwellings in England.

Interpretation

2. —(1) In these Regulations—

“the 1985 Act” means the Housing Act 1985( 3 );

“the 2008 Act” means the Housing and Regeneration Act 2008;

“the 2011 Act” means the Localism Act 2011;

“Affordable Rent” means the rent payable in respect of a fixed term assured shorthold tenancy with a minimum two year term where the rent—

“dwelling” has the meaning given in section 275 of the 2008 Act;

“funding condition” means a condition imposed by the Homes and Communities Agency or, in London, the Greater London Authority, when giving a grant to a private registered provider for the provision of social housing;

“Intermediate Rent” means the rent payable in respect of a periodic or fixed term assured shorthold tenancy where the rent—

“Mortgage Rescue Rent” means the rent payable in respect of an assured shorthold tenancy of a dwelling let on a fixed term of three years where—

“National Rent Regime” is the rent influencing regime set out in the Housing Corporation document of October 2001 and entitled “Rent influencing regime”, supplemented by the Explanatory Note to Decision Instrument No.5, issued by the Regulator of Social Housing to accompany its decision of 13th April 2011 entitled “Revision to the Tenancy Standard: Affordable Rent” ( 4 );

“private registered provider” and “social housing” have the same meanings as in the 2008 Act( 5 );

“shared ownership rent” means the rent payable in respect of a lease of the kind referred to in section 70(4) of the 2008 Act.

Exclusion of certain assured shorthold tenancies from transfer of tenancy provisions

3. Section 158 of the 2011 Act does not apply in relation to—

(a) an assured shorthold tenancy for a fixed term of less than two years,

(b) a periodic assured shorthold tenancy,

(c) an assured shorthold tenancy where the rent payable under the tenancy is—

(i) Affordable Rent;

(ii) Intermediate Rent;

(iii) Mortgage Rescue rent; or

(iv) shared ownership rent

(and accordingly, the transfer of tenancy provisions in that section do not apply in relation to assured shorthold tenancies of those kinds).

Exclusion of certain assured shorthold tenancies from the Right to Acquire

4. The following are not tenancies within section 180(2) of the 2008 Act—

(a) an assured shorthold tenancy for a fixed term of less than two years,

(b) a periodic assured shorthold tenancy, or

(c) an assured shorthold tenancy where the rent payable under the tenancy is—

(i) Intermediate Rent, or

(ii) Mortgage Rescue rent

(and accordingly, the right to acquire referred to in that section does not apply in relation to assured shorthold tenancies of those descriptions).