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Housing Act 1996

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This is the original version (as it was originally enacted).

40Initial notice to be given to the Corporation

(1)Notice must be given to the Corporation before any of the steps mentioned below is taken in relation to a registered social landlord.

The person by whom the notice must be given is indicated in the second column.

(2)Where the registered social landlord is an industrial and provident society, the steps and the person by whom notice must be given are—

Any step to enforce any security over land held by the landlord.The person proposing to take the step.
Presenting a petition for the winding up of the landlord.The petitioner.
Passing a resolution for the winding up of the landlord.The landlord.

(3)Where the registered social landlord is a company registered under the [1985 c. 6.] Companies Act 1985 (including a registered charity), the steps and the person by whom notice must be given are—

Any step to enforce any security over land held by the landlord.The person proposing to take the step.
Applying for an administration order.The applicant.
Presenting a petition for the winding up of the landlord.The petitioner.
Passing a resolution for the winding up of the landlord.The landlord.

(4)Where the registered social landlord is a registered charity (other than a company registered under the Companies Act 1985), the steps and the person by whom notice must be given are—

Any step to enforce any security over land held by the landlord.The person proposing to take the step.

(5)Notice need not be given under this section in relation to a resolution for voluntary winding up where the consent of the Corporation is required (see paragraphs 12(4) and 13(6) of Schedule 1).

(6)Any step purportedly taken without the requisite notice being given under this section is ineffective.

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