Transfer order rules under HA 1988 s. 75
Before transferring council housing under section 74, the Secretary of State must consult local authorities and inform tenants under HA 1988 s. 75.
In this section a “ transfer order ” means an order under any of subsections (1) to (3) of section 74 above and, in relation to a transfer order, “ the transferor authority ” means the local housing authority or other local authority from whom local authority housing or other land or property is or is to be transferred by the order. Before making a transfer order, the Secretary of State shall consult the transferor authority with respect to— the local authority housing or other land or property which it is proposed should be transferred by the order; and the terms of the proposed transfer. Before making a transfer order with respect to any local authority housing or other land, the Secretary of State shall take such steps as appear to him to be appropriate to bring the proposed transfer to the attention of any secure tenant , ... introductory tenant ... or other person (other than a local authority) having an interest in the property proposed to be transferred as lessor, lessee, mortgagor or mortgagee. In connection with any transfer made by it, a transfer order may contain such incidental, consequential, transitional or supplementary provisions as appear to the Secretary of State to be necessary or expedient and, in particular, may— apply, with or without modification, any provision made by or under any enactment; and modify the operation of any provision made by or under any enactment.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section sets statutory procedures for transfer orders made under section 74. Before making an order to transfer housing or land from a local authority to a housing action trust, the Secretary of State must consult that local authority about the property being transferred and the terms of the transfer.
The Secretary of State must also take appropriate steps to bring the proposed transfer to the attention of secure tenants, introductory tenants, and other non-authority property interest holders, including landlords, tenants, and mortgage lenders.
Transfer orders may include incidental, consequential, transitional, or supplementary terms deemed necessary by the Secretary of State, and may modify or apply other legislative provisions for the purpose of the transfer.
When it applies
- A local housing authority is consulted regarding proposed terms prior to a property transfer to a housing action trust.
- A secure tenant receives notice that ownership of their home is proposed to be transferred by order.
- A private mortgage holder on local authority land receives notice of an intended statutory transfer.
What this section does not say
- The primary power to order a property transfer, which is contained in section 74.
- Vesting orders and acquisitions without a transfer order, which are dealt with in other sections of this statutory scheme.
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This page reproduces the text of HA 1988 s. 75 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.