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HMRC internal manual

Trusts, Settlements and Estates Manual

Trusts for particular purposes: flat management companies - 'exempt landlords' - S58 LTA 1987

Section 58(1), (1ZA) and (1B) are reproduced below. They define ‘exempt landlords’ for the purposes of the LTA 1987.

  1. In this Act ‘exempt landlord’ means a landlord who is one of the following bodies, namely-

a. a district, county, county borough or London borough council, the Common Council of the City of London, the London Fire and Emergency Planning Authority the Council of the Isles of Scilly, a police and crime commissioner, The Mayor’s Office for Policing and Crime or a joint local authority established by Part 4 of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 or a combined authority established under section 103 of that Act

b. a development corporation established by an order made (or having effect as if made) under the New Towns Act 1981;

ba. a Mayoral development corporation;

c. an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980;

ca. a housing action trust established under Part III of the Housing Act 1988;

dd. the Broads Authority;

de. a National Park Authority;

df. the Homes and Communities Agency;

dg. the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and its urban development functions;

e. the Regulator of Social Housing;

f. a housing trust (as defined in Section 6 of the Housing Act 1985) which is a charity;

g. a non-profit private registered provider of Social Housing;

ga. a registered social landlord;

gb. a fully mutual housing association which is neither a private registered provider of social housing or a registered social landlord; or

h. an authority established under section 10 of the Local Government Act 1985 (joint arrangements for waste disposal functions).

(1ZA) In this Act .“exempt landlord”, in relation to social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008), includes a landlord which is a profit-making private registered provider of social housing.

(1A) In subsection (1)(ga) “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act).

(1B) In subsection (1)(gb) “fully mutual housing association” has the same meaning as in the Housing Associations Act 1985 (see section 1(1) and (2) of that Act).