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Transfer of social housing ownership

4 replies

Whatnottoweartomorrow · 22/08/2025 09:22

Please could someone offer advice very simply put? I don't know what I'm talking about so apologies if my terminology is incorrect.

If ownership of land/property is transferred and it has a property that is social housing on it, what needs to happen to allow that house to become an assured tenancy? Is there anything legal that should happen during transfer to stop it being social housing, or is it always social housing? It would be empty on date of transfer.

Thank you x

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ComtesseDeSpair · 22/08/2025 09:47

Who owns the freehold of the land? Is it the same person or body who owns the leasehold for the property on the land? By what instrument is the property social housing, and is it owned or only managed by a registered social landlord? Who are you in this situation?

Only a registered social landlord can make any decision about an assured tenancy for a property owns or manages. If the property is a leasehold, and it’s simply that the freehold for the land is being sold or transferred, this will not impact any existing assured tenancy.

Whatnottoweartomorrow · 22/08/2025 12:38

I'm not 100% sure tbh. I'm trying not to be too outing as it's a very specific situation.
It was a council farm, with the house registered with a housing association. All of it was transferred to a new organisation, including the house about 35 years ago. We're going to be new tenants, and the 'new' owners/leaseholders say it doesn't count as social housing anymore (previous tenants had a very loose agreement!). We're trying to find out if they can do this legally?

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ComtesseDeSpair · 22/08/2025 13:28

Is the “new” owner also a housing association / registered social landlord? “Social housing” simply means housing that is provided by a registered social landlord, usually at a social rent, and with social tenancy conditions. Social landlords sometimes do dispose of properties they no longer wish to own / manage and if the “new” owner isn’t a registered social landlord then they’re correct that the property is no longer social housing and will not be let as a social tenancy. You’ll be renting from a private landlord.

It’s possible that when it was sold / transferred it was as a rural exceptions site and / or with covenants about its usage; this may mean there are stipulations about who can live there, what it can be used for, what sort of tenancy must be offered, and how the rent is calculated. If you suspect that the landlord isn’t being honest about something like this, you can check with the local council's planning policy documents and consult their housing needs surveys and allocations lists, which will identify whether the property has some sort of designation. You can also download the title from the Land Registry for information on ownership, any covenants, and any reservations.

Whatnottoweartomorrow · 22/08/2025 15:46

Thank you 🤗 , I'll look into these.

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