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Community Housing Providers (Adoption of National Law) Act 2012
18No dealings with land in which Housing Agency has an interest without consent of Housing Agency
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#### 18 No dealings with land in which Housing Agency has an interest without consent of Housing Agency
18 No dealings with land in which Housing Agency has an interest without consent of Housing Agency
> > (1) A community housing provider must not transfer or otherwise deal with land in which a Housing Agency has an interest unless:
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> > > (a) the Housing Agency consents to the transfer or other dealing, or
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> > > (b) the transfer or other dealing is authorised, or is of a class that is authorised, by a community housing agreement with that community housing provider (an exempt transaction), or
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> > > (c) a community housing agreement with the community housing provider provides that this section does not apply to the land concerned.
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> > (2) A Housing Agency must not unreasonably withhold consent under subsection (1) (a).
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> > (3) The Registrar-General must, on application by a Housing Agency, make a recording in the appropriate Register to signify that the land specified in the application is subject to this section.
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> > (4) The application is to provide details of any exempt transactions.
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> > (5) If a recording under subsection (3) has been made by the Registrar-General on application by a Housing Agency, the Registrar-General is not to register a transfer of that land or any other dealing that is otherwise registrable under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) or the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) unless:
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> > > (a) the consent of the Housing Agency to the transfer or other dealing has been endorsed on the transfer or other dealing, or
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> > > (b) the transfer or other dealing is an exempt transaction (as notified to the Registrar-General by the Housing Agency), or
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> > > (c) the recording has ceased to have effect (as recorded by the Registrar-General under subsection (6)).
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> > (6) The Registrar-General must, on the application of a Housing Agency that applied for a recording under subsection (3), make in the appropriate Register a recording to signify that the recording made under subsection (3) has ceased to have effect.
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> > (7) An application by a Housing Agency under this section:
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> > > (a) is to be made in an approved form under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) (in the case of land under that Act) or under the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) (in the case of other land), and
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> > > (b) is to be accompanied by such fee, if any, as may be prescribed by the regulations under that Act.
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> > (8) If a Housing Agency makes an application under this section, the Registrar-General is not to inquire into whether the Housing Agency has an interest in the land concerned or into the terms of any community housing agreement.
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> > (9) This section does not affect the operation of any other prohibition or restriction relating to transfers or other dealings with land.
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> > (10) In this section:
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> > deal with land includes register any plan or other instrument relating to the land under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) or the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006).
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> > Register means a register kept under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) or the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006).