Consent for later disposals after HAT sale HA 1988 s.81
Under HA 1988 s.81, a person who acquires land from a housing action trust cannot dispose of it without the trust's consent, subject to exceptions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 81 imposes a consent requirement on certain later disposals of land that was originally transferred by a housing action trust (HAT). 'Disposal' includes selling, leasing, or granting any interest in the land.
Anyone who acquires land from a HAT must obtain the HAT's consent before disposing of it, unless an exception applies. The exact scope of the requirement – which disposals need consent and for how long – depends on the terms of the original transfer and any conditions attached.
This provision works together with section 80, which deals with disposals made without the required consent, and section 82 on legal assistance for tenants after a disposal. It does not apply to the HAT's own initial disposals, which are governed by section 79.
When it applies
- A housing association that bought a block of flats from a HAT later wants to sell the entire block to a private developer.
- A tenant who bought their home from a HAT under a right-to-buy scheme tries to sell it within the first few years without asking the HAT.
- A developer who purchased land from a HAT to build houses later attempts to sell individual plots without the HAT's permission.
- A local authority that received land from a HAT intends to lease part of it to a commercial operator without consulting the HAT.
What this section does not say
- The initial sale or transfer of land by the HAT itself (that is covered by section 79).
- Disposals of land that was never owned or transferred by a HAT.
- The terms of tenancies or leases granted directly by the HAT before any disposal.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of HA 1988 s. 81 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.