Disposals void without consent: HA 1988 s.80
HAT's disposal of a house without s.79(1) consent void unless to individuals and no other house. Land disposals not invalid; no duty to enquire.
Any disposal of a house by a housing action trust which is made without the consent required by section 79(1) above is void unless— the disposal is to an individual (or to two or more individuals); and the disposal does not extend to any other house. Subject to subsection (1) above,— a disposal of any land made by a housing action trust shall not be invalid by reason only that it is made without the consent required by section 79(1) above; and a person dealing with a housing action trust or with a person claiming under such a trust shall not be concerned to see or enquire whether any consent required by section 79(1) above has been obtained.
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
Section 80 deals with what happens when a housing action trust (HAT) sells or transfers a house without first getting the consent required by section 79(1). In that situation, the disposal is legally void – it has no effect – unless both conditions are met: the buyer is an individual (or two or more individuals) and the disposal does not cover any other house. So a sale to a company, or a sale that includes a second house, would be void if consent was missing.
For disposals of land that are not houses – for example, a vacant plot or a commercial building – the rule is different. Such a disposal is not invalid just because the required consent was not obtained. Also, anyone who buys from a HAT, or from someone who bought from a HAT, does not have to check whether the consent was given. The law protects them from having the sale challenged on that ground.
When it applies
- A housing action trust sells a council house to a limited company without obtaining the required consent.
- A housing action trust sells a house to a married couple without consent, but the sale includes only that house.
- A housing action trust sells a vacant piece of land without consent.
- A buyer purchases a house from a person who bought it from a housing action trust without consent; the buyer does not need to check whether the HAT gave consent.
- A housing action trust transfers a house and an adjoining separate dwelling (another house) to an individual without consent.
What this section does not say
- That all disposals by a housing action trust are void if made without consent – land disposals are not invalid, and house disposals can be valid if conditions are met.
- That a buyer can always rely on a sale from a HAT without checking consent – for house disposals, the buyer may receive a void title if conditions are not satisfied.
- That the provision allows a HAT to avoid any unwanted sale by simply claiming lack of consent – only house disposals where conditions fail are void.
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This page reproduces the text of HA 1988 s. 80 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.