Section 146: Ending of moratorium, Housing and Regeneration Act 2008

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The moratorium mentioned in section 145 ends when one of the following occurs—

the expiry of the relevant period,

the making of a housing administration order under Chapter 5 of Part 4 of the Housing and Planning Act 2016 in relation to the registered provider, or

the cancellation of the moratorium (see subsection (5)).

The "relevant period" is—

the period of 28 days beginning with the relevant day, plus

any period by which that period is extended under subsection (3).

The "relevant day" is—

in the case of an event mentioned in section 145(2)(a), the day on which notice under section 104(2)(a) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 104(2)(b) of that Act;

in the case of an event mentioned in section 145(2)(b), the day on which notice under section 105(4)(a) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 105(4)(b) of that Act;

in the case of an event mentioned in section 145(2)(c), the day on which notice under section 106(3)(a)(i) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 106(3)(a)(ii) of that Act;

in the case of an event mentioned in section 145(2)(d), the day on which notice under section 107(4)(a)(i) of the Housing and Planning Act 2016 is given or on which the requirement to give such notice is waived under section 107(4)(a)(ii) of that Act;

in the case of an event mentioned in section 145(2)(e), the day of that event.

During a moratorium the regulator may extend it (or further extend it) for a specified period if—

the regulator has made reasonable enquiries with a view to locating secured creditors of the registered provider, and

where the regulator located one or more such creditors, each of them has consented to the extension.

If the regulator extends a moratorium it shall notify—

the registered provider, and

any liquidator, administrator, administrative receiver or receiver appointed in respect of the registered provider or its land, ...

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If the regulator extends a moratorium in respect of a private registered provider who owns land in Greater London, the regulator shall also notify the Greater London Authority.

During a moratorium the regulator may cancel it ....

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When a moratorium ends the regulator shall give notice, and (except in the case of cancellation) an explanation of section 147, to—

the registered provider, and

such of its secured creditors as the regulator is able to locate after making reasonable enquiries.

The regulator shall also notify the HCA as follows—

if it extends a moratorium, and

when a moratorium ends.

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When a moratorium in respect of a private registered provider who owns land in Greater London ends, the regulator shall also give notice to the Greater London Authority.

If an event mentioned in section 145(2) occurs during a moratorium, that does not—

start a new moratorium, or

alter the existing moratorium's duration.

Section 146: Ending of moratorium

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