United Kingdom · statute
Ask the law about thisMore laws of United KingdomFor machines: Markdown
In force since 2026-10-26, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
sha256 0cb22d911a9e0fc3d047e6aeef2c2d87528ce3a5bf840355b5e4ea5e2c5bb4e6
No one has proposed a change to this act yet.
(1) A secure tenant claims to exercise the right to buy by written notice to that effect served on the landlord. (2) In this Part “the relevant time”, in relation to an exercise of the right to buy, means the date on which that notice is served. (3) The notice may be withdrawn at any time by notice in writing served on the landlord.
Propose a change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) A secure tenant may in his notice under section 122 require that not more than three members of his family who are not joint tenants but occupy the dwelling-house as their only or principal home should share the right to buy with him. (2) He may validly do so in the case of any such member only if— (a) that member is his spouse , is his civil partner or has been residing with him throughout the period of twelve months ending with the giving of the notice, or (b) the landlord consents. (3) Where by such a notice any members of the tenant’s family are validly required to share the right to buy with the tenant, the right to buy belongs to the tenant and those members jointly and he and they shall be treated for the purposes of this Part as joint tenants.
Propose a change(1) Where a notice under section 122 (notice claiming to exercise right to buy) has been served by the tenant, the landlord shall, unless the notice is withdrawn, serve on the tenant within the period specified in subsection (2)... a written notice either— (a) admitting his right, or (b) denying it and stating the reasons why, in the opinion of the landlord, the tenant does not have the right to buy. (2) The period for serving a notice under this section is four weeks where the requirement of section 119 (qualifying period for the right to buy) is satisfied by a period or periods during which the landlord was the landlord on which the tenant’s notice under section 122 was served, and eight weeks in any other case. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) Where a secure tenant has claimed to exercise the right to buy and that right has been established (whether by the landlord’s admission or otherwise), the landlord shall— (a) within eight weeks where the right is that mentioned in section 118(1)(a) (right to acquire freehold), and (b) within twelve weeks where the right is that mentioned in section 118(1)(b) (right to acquire leasehold interest). serve on the tenant a notice complying with this section. (2) The notice shall describe the dwelling-house, shall state the price at which, in the opinion of the landlord, the tenant is entitled to have the freehold conveyed or, as the case may be, the lease granted to him and shall, for the purpose of showing how the price has been arrived at, state— (a) the value at the relevant time, (b) the improvements disregarded in pursuance of section 127 (improvements to be disregarded in determining value), and (c) the discount to which the tenant is entitled, stating the period to be taken into account under section 129 (discount) and, where applicable, the amount mentioned in section 130(1) (reduction for previous discount) or section 131(1) or (2) (limits on amount of discount). (3) The notice shall state the provisions which, in the opinion of the landlord, should be contained in the conveyance or grant. (4) Where the notice states provisions which would enable the landlord to recover from the tenant— (a) service charges, or (b) improvement contributions, the notice shall also contain the estimates and other information required by section 125A (service charges) or 125B (improvement contributions). (4A) The notice shall contain a description of any structural defect known to the landlord affecting the dwelling-house or the building in which it is situated or any other building over which the tenant will have rights under the conveyance or lease. (5) The notice shall also inform the tenant of— (a) the effect of sections 125D and 125E(1) and (4) (tenant’s notice of intention, landlord’s notice in default and effect of failure to comply), (b) his right under section 128 to have the value of the dwelling-house at the relevant time determined or re-determined by the district valuer, (c) the effect of section 136(2) (change of tenant after service of notice under section 125), (d) the effect of sections 140 and 141(1), (2) and (4) (landlord’s notices to complete and effect of failure to comply), (e) the effect of the provisions of this Part relating to the right to acquire on rent to mortgage terms, and (f) the relevant amount and multipliers for the time being declared by the Secretary of State for the purposes of section 143B.
Propose a change(1) A landlord’s notice under section 125 shall state as regards service charges (excluding, in the case of a flat, charges to which subsection (2) applies)— (a) the landlord’s estimate of the average annual amount (at current prices) which would be payable in respect of each head of charge in the reference period, and (b) the aggregate of those estimated amounts, and shall contain a statement of the reference period adopted for the purpose of the estimates. (2) A landlord’s notice under section 125 given in respect of a flat shall, as regards service charges in respect of repairs (including works for the making good of structural defects), contain— (a) the estimates required by subsection (3), together with a statement of the reference period adopted for the purpose of the estimates, and (b) a statement of the effect of— paragraph 16B of Schedule 6 (which restricts by reference to the estimates the amounts payable by the tenant), and section 450A and the regulations made under that section (right to a loan in respect of certain service charges). (3) The following estimates are required for works in respect of which the landlord considers that costs may be incurred in the reference period— (a) for works itemised in the notice, estimates of the amount (at current prices) of the likely cost of, and of the tenant’s likely contribution in respect of, each item, and the aggregate amounts of those estimated costs and contributions, and (b) for works not so itemised, an estimate of the average annual amount (at current prices) which the landlord considers is likely to be payable by the tenant.
Propose a change(1) A landlord’s notice under section 125 given in respect of a flat shall, as regards improvement contributions, contain— (a) the estimates required by this section, together with a statement of the reference period adopted for the purpose of the estimates, and (b) a statement of the effect of paragraph 16C of Schedule 6 (which restricts by reference to the estimates the amounts payable by the tenant). (2) Estimates are required for works in respect of which the landlord considers that costs may be incurred in the reference period. (3) The works to which the estimates relate shall be itemised and the estimates shall show— (a) the amount (at current prices) of the likely cost of, and of the tenant’s likely contribution in respect of, each item, and (b) the aggregate amounts of those estimated costs and contributions.
Propose a change(1) The reference period for the purposes of the estimates required by section 125A or 125B is the period— (a) beginning on such date not more than six months after the notice is given as the landlord may reasonably specify as being a date by which the conveyance will have been made or the lease granted, and (b) ending five years after that date or, where the notice states that the conveyance or lease will provide for a service charge or improvement contribution to be calculated by reference to a specified annual period, with the end of the fifth such period beginning after that date. (2) For the purpose of the estimates it shall be assumed that the conveyance will be made or the lease granted at the beginning of the reference period on the terms stated in the notice.
Propose a change(1) Where a notice under section 125 has been served on a secure tenant, he shall within the period specified in subsection (2) either— (a) serve a written notice on the landlord stating either that he intends to pursue his claim to exercise the right to buy or that he withdraws that claim, or (b) serve a notice under section 144 claiming to exercise the right to acquire on rent to mortgage terms. (2) The period for serving a notice under subsection (1) is the period of twelve weeks beginning with whichever of the following is the later— (a) the service of the notice under section 125, . . . (b) where the tenant exercises his right to have the value of the dwelling-house determined or re-determined by the district valuer (or where the landlord exercises his right to have the value of the dwelling-house re-determined by the district valuer), the relevant event . (3) In subsection (2)(b) “ the relevant event ” means— (a) where a review notice was capable of being served under section 128A in relation to the determination or re-determination but no such notice was served during the period permitted by that section, the service of the notice under section 128(5) stating the effect of the determination or re-determination, (b) where a review notice was served under section 128A in relation to the determination or re-determination and section 128B(3) applied, the service on the tenant of the notice under section 128B(3), and (c) where a review notice was served under section 128A in relation to the determination or re-determination and section 128B(5) applied, the service of the notice under section 128B(7).
Propose a change(1) The landlord may, at any time after the end of the period specified in section 125D(2) or, as the case may require, section 136(2), serve on the tenant a written notice— (a) requiring him, if he has failed to serve the notice required by section 125D(1), to serve that notice within 28 days, and (b) informing him of the effect of this subsection and subsection (4). (2) At any time before the end of the period mentioned in subsection (1)(a) (or that period as previously extended) the landlord may by written notice served on the tenant extend it (or further extend it). (3) If at any time before the end of that period (or that period as extended under subsection (2)) the circumstances are such that it would not be reasonable to expect the tenant to comply with a notice under this section, that period (or that period as so extended) shall by virtue of this subsection be extended (or further extended) until 28 days after the time when those circumstances no longer obtain. (4) If the tenant does not comply with a notice under this section, the notice claiming to exercise the right to buy shall be deemed to be withdrawn at the end of that period (or, as the case may require, that period as extended under subsection (2) or (3)).
Propose a change(1) The price payable for a dwelling-house on a conveyance or grant in pursuance of this Part is— (a) the amount which under section 127 is to be taken as its value at the relevant time, less (b) the discount to which the purchaser is entitled under this Part. (2) References in this Part to the purchase price include references to the consideration for the grant of a lease.
Propose a change(1) The value of a dwelling-house at the relevant time shall be taken to be the price which at that time it would realise if sold on the open market by a willing vendor— (a) on the assumptions stated for a conveyance in subsection (2) and for a grant in subsection (3), . . . (b) disregarding any improvements made by any of the persons specified in subsection (4) and any failure by any of those persons to keep the dwelling-house in good internal repair , and (c) on the assumption that any service charges or improvement contributions payable will not be less than the amounts to be expected in accordance with the estimates contained in the landlord’s notice under section 125. (2) For a conveyance the assumptions are— (a) that the vendor was selling for an estate in fee simple with vacant possession, (b) that neither the tenant nor a member of his family residing with him wanted to buy, and (c) that the dwelling-house was to be conveyed with the same rights and subject to the same burdens as it would be in pursuance of this Part. (3) For the grant of a lease the assumptions are— (a) that the vendor was granting a lease with vacant posession for the appropriate term defined in paragraph 12 of Schedule 6 (but subject to sub-paragraph (3) of that paragraph). (b) that neither the tenant nor a member of his family residing with him wanted to take the lease, (c) that the ground rent would not exceed £10 per annum or, if the lease would be a regulated lease within the meaning of the Leasehold Reform (Ground Rent) Act 2022, the rent permitted by that Act, and (d) that the grant was to be made with the same rights and subject to the same burdens as it would be in pursuance of this Part. (4) The persons referred to in subsection (1)(b) are— (a) the secure tenant, (b) any person who under the same tenancy was a secure tenant or an introductory tenantbefore him, and (c) any member of his family who, immediately before the secure tenancy was granted (or, where an introductory tenancy has become the secure tenancy, immediately before the introductory tenancy was granted), was a secure tenant or, an introductory tenant of the same dwelling-house under another tenancy, but do not include, in a case where the secure tenant’s tenancy has at any time been assigned by virtue of section 92 (assignments by way of exchange), a person who under that tenancy was a secure tenant or an introductory tenant before the assignment. (5) In this section “introductory tenant” and “introductory tenancy” have the same meaning as in Chapter I of Part V of the Housing Act 1996.
Propose a change(1) Any question arising under this Part as to the value of a dwelling-house at the relevant time shall be determined by the district valuer in accordance with this section. (2) A tenant may require that value to be determined . . . by a notice in writing served on the landlord not later than three months after the service on him of the notice under section 125 (landlord’s notice of purchase price and other matters) or, if proceedings are then pending between the landlord and the tenant for the determination of any other question arising under this Part, within three months of the final determination of the proceedings. (3) If such proceedings are begun after a previous determination under this section— (a) the tenant may, by notice in writing served on the landlord within four weeks of the final determination of the proceedings, require the value of the dwelling-house at the relevant time to be re-determined, and (b) the landlord may at any time within those four weeks, whether or not a notice under paragraph (a) is served, require the district valuer to re-determine that value; and where the landlord requires a re-determination to be made in pursuance of this subsection, it shall serve on the tenant a notice stating that the requirement is being or has been made. (4) Before making a determination or re-determination in pursuance of this section, the district valuer shall consider any representation made to him by the landlord or the tenant within four weeks from the service of the tenant’s notice under this section or, as the case may be, from the service of the landlord’s notice under subsection (3). (5) As soon as practicable after a determination or re-determination has been made in pursuance of this section, the landlord shall serve on the tenant a notice stating— (a) the effect of the determination or re-determination, (b) the matters mentioned in section 125(2) and (3) (terms for exercise of right to buy), and (c) the effect of section 128A(2) (right of district valuer to serve review notice and of landlord and tenant to request that such a notice is served). (5A) The landlord shall, as soon as practicable, serve a copy of the notice on the district valuer if— (a) the district valuer requests it; or (b) the landlord requests a review of the determination or re-determination under section 128A(2)(b). (5B) The tenant shall, as soon as practicable, serve a copy of the notice on the district valuer if the tenant requests a review of the determination or re-determination under section 128A(2)(b). (5C) For the purposes of subsections (5A) and (5B) it does not matter whether the request in question was made before, on or after the service of the notice in accordance with subsection (5). (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) Subsection (2) applies if the value of a dwelling-house has been determined or re-determined under section 128 (“the section 128 determination”). (2) The district valuer may— (a) on the valuer's own initiative; or (b) at the request of the landlord or the tenant of the dwelling-house; serve on the landlord and the tenant a notice of intention to review the section 128 determination giving reasons for the intention (“a review notice”). (3) A request under subsection (2)(b) must— (a) be in writing; (b) state the reason it is being made; and (c) confirm that the landlord has not made to the tenant a grant of the kind mentioned in section 138(1) in respect of the claim by the tenant to exercise the right to buy in respect of the dwelling-house. (4) The landlord or the tenant may not make a request under subsection (2)(b) after the end of the period of 28 days beginning with the section 128(5) service date. (5) The district valuer must, before the end of the period of 14 days beginning with the day on which such a request is made, serve on the landlord and the tenant— (a) a review notice; or (b) a notice stating— (i) that the request was made; (ii) that the district valuer has decided not to comply with it; and (iii) the reasons for the decision. (6) A review notice may not be served after the end of the period of 42 days beginning with the section 128(5) service date. (7) A review notice may not be served in relation to a determination which is subject to a re-determination required in pursuance of section 128(3) (but this does not prevent the service of a review notice in relation to the re-determination). (8) A review notice may not be served if the landlord has made a grant of the kind mentioned in subsection (3)(c). (9) A person who makes a request under subsection (2)(b) must inform the district valuer if a grant of the kind mentioned in subsection (3)(c) is made during the period of 14 days mentioned in subsection (5). (10) Subsection (11) applies if the district valuer is considering whether to serve a review notice on the valuer's own initiative. (11) The landlord or the tenant must, if requested by the district valuer, inform the valuer whether a grant of the kind mentioned in subsection (3)(c) has been made. (12) In this section and section 128B— “ a review notice ” has the meaning given by subsection (2); “ the section 128 determination ” has the meaning given by subsection (1); “ the section 128(5) service date ” means the day on which the landlord serves a notice on the tenant under section 128(5) in relation to the section 128 determination.
Propose a change(1) The district valuer must review the section 128 determination as soon as reasonably practicable after serving a review notice. (2) Subsection (3) applies if, following the review, the district valuer decides that neither of the withdrawal conditions is met. (3) The district valuer must, as soon as reasonably practicable, serve on the landlord and the tenant a notice stating— (a) the decision; (b) the reasons for it; and (c) that no further determination or (as the case may be) re-determination is to be made under this section. (4) Subsection (5) applies if, following the review, the district valuer decides that either withdrawal condition is met or both are met. (5) The district valuer must— (a) as soon as reasonably practicable, withdraw the section 128 determination by serving a further determination notice on the landlord and the tenant; and (b) make a further determination or (as the case may be) re-determination of the value of the dwelling-house at the relevant time. (6) Before making such a determination or re-determination, the district valuer must consider any representation made to the valuer by the landlord or the tenant before the end of the period of 14 days beginning with the day on which the further determination notice was served. (7) As soon as practicable after such a determination or re-determination has been made, the landlord must serve on the tenant a determination effect notice. (8) A determination effect notice is a notice stating— (a) the effect of the further determination or (as the case may be) re-determination; and (b) the matters mentioned in section 125(2) and (3). (9) For the purposes of this section, the withdrawal conditions are— (a) that a significant error was made in the section 128 determination; or (b) that the district valuer did not comply with section 128(4) in relation to the section 128 determination. (10) This section does not apply to a determination which is subject to a re-determination required in pursuance of section 128(3) (but this does not prevent this section applying to the re-determination). (11) In this section— “a further determination notice” is a notice stating— that the section 128 determination is withdrawn; the reasons for the withdrawal; and that a further determination or (as the case may be) re-determination of the value of the dwelling-house at the relevant time will be made; “ significant error ”, in relation to the section 128 determination, means an error of fact, or a number of such errors, made in the section 128 determination as a result of which the value of the dwelling-house determined or (as the case may be) re-determined was at least 5% more or less than it would otherwise have been.
Propose a change(1) Subject to the following provisions of this Part, a person exercising the right to buy is entitled to a discount of a percentage calculated by reference to the period which is to be taken into account in accordance with Schedule 4 (qualifying period for right to buy and discount). (2) The discount is, subject to any order under subsection (2A)— (a) in the case of a house, 35 per cent. plus one per cent. for each complete year by which the qualifying period exceeds five years, up to a maximum of 60 per cent.; (b) in the case of a flat, 50 per cent. plus two per cent. for each complete year by which the qualifying period exceeds five years, up to a maximum of 70 per cent. (2A) The Secretary of State may by order made with the consent of the Treasury provide that, in such cases as may be specified in the order— (a) the minimum percentage discount, (b) the percentage increase for each complete year of the qualifying period after the first five, or (c) the maximum percentage discount, shall be such percentage, higher than that specified in subsection (2), as may be specified in the order. (2B) An order— (a) may make different provision with respect to different cases or descriptions of case, (b) may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient, and (c) shall be made by statutory instrument and shall not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament. (3) Where joint tenants exercise the right to buy, Schedule 4 shall be construed as if for the secure tenant there were substituted that one of the joint tenants whose substitution will produce the largest discount.
Propose a change(1) There shall be deducted from the discount an amount equal to any previous discount qualifying, or the aggregate of previous discounts qualifying, under the provisions of this section. (2) A “previous discount” means a discount given before the relevant time— (a) on conveyance of the freehold, or a grant or assignment of a long lease, of a dwelling-house by a person within paragraph 7 or 7A of Schedule 4 (public sector landlords) or, in such circumstances as may be prescribed by order of the Secretary of State, by a person so prescribed, or (aa) on conveyance of the freehold, or a grant or assignment of a long lease of a dwelling-house by a person against whom the right to buy was exercisable by virtue of section 171A (preservation of right to buy on disposal to private sector landlord) to a person who was a qualifying person for the purposes of the preserved right to buy and in relation to whom that dwelling-house was the qualifying dwelling-house, or (ab) in pursuance of the provision required by paragraphs 3 to 5 or paragraph 7 of Schedule 6A (redemption of landlord’s share), or (b) in pursuance of the provision required by paragraph 1 of Schedule 8 (terms of shared ownership lease: right to acquire additional shares), or any other provision to the like effect or. (c) in pursuance of any provision of, or required by, this Part ... by virtue of section 17 of the Housing Act 1996 (the right to acquire). (3) A previous discount qualifies for the purposes of this section if it was given— (a) to the person or one of the persons exercising the right to buy, or (b) to the spouse , or civil partner, of that person or one of those persons (if they are living together at the relevant time), or (c) to a deceased spouse , or deceased civil partner, of that person or one of those persons (if they were living together at the time of the death); and where a previous discount was given to two or more persons jointly, this section has effect as if each of them had been given an equal proportion of the discount. (4) Where the whole or part of a previous discount has been recovered by the person by whom it was given (or a successor in title of his)— (a) by the receipt of a payment determined by reference to the discount, or (b) by a reduction so determined of any consideration given by that person (or a successor in title of his), or (c) in any other way, then, so much of the discount as has been so recovered shall be disregarded for the purposes of this section. (5) An order under this section— (a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (6) In this section “dwelling-house” includes any yard, garden, outhouses and appurtenances belonging to the dwelling-house or usually enjoyed with it.
Propose a change(1) Except where the Secretary of State so determines, the discount shall not reduce the price below the amount which, in accordance with a determination made by him, is to be taken as representing so much of the costs incurred in respect of the dwelling-house as, in accordance with the determination— (a) is to be treated as incurred at or after the beginning of that period of account of the landlord in which falls the date which is eight years, or such other period of time as may be specified in an order made by the Secretary of State, earlier than the relevant time, and (b) is to be treated as relevant for the purposes of this sub-section; and if the price before discount is below that amount, there shall be no discount. (1A) In subsection (1)(a) above “ period of account ”, in relation to any costs, means the period for which the landlord made up those of its accounts in which account is taken of those costs. (2) The discount shall not in any case reduce the price by more than such sum as the Secretary of State may by order prescribe. (3) An order or determination under this section may make different provision for different cases or descriptions of case, including different provision for different areas. (4) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Propose a change(1) Where, after a secure tenant (“the former tenant”) has given a notice claiming the right to buy, another person (“the new tenant”)— (a) becomes the secure tenant under the same secure tenancy, otherwise than on an assignment made by virtue of section 92 (assignments by way of exchange), or (b) becomes the secure tenant under a periodic tenancy arising by virtue of section 86 (periodic tenancy arising on termination of fixed term) on the coming to an end of the secure tenancy, the new tenant shall be in the same position as if the notice had been given by him and he had been the secure tenant at the time it was given. (2) If a notice under section 125 (landlord’s notice of purchase price and other matters) has been served on the former tenant, then, whether or not the former tenant has served a notice under subsection (1) of section 125D (tenant’s notice of intention), the new tenant shall serve a notice under that subsection within the period of twelve weeks beginning with whichever of the following is the later— (a) his becoming the secure tenant, . . . (b) where the right to have the value of the dwelling-house determined or re-determined by the district valuer is or has been exercised by him or the former tenant (or where the right to have the value of the dwelling-house re-determined by the district valuer is or has been exercised by the landlord), the relevant event . (2A) In subsection (2)(b) “ the relevant event ” means— (a) where a review notice was capable of being served under section 128A in relation to the determination or re-determination but no such notice was served during the period permitted by that section, the service of the notice under section 128(5) stating the effect of the determination or re-determination, (b) where a review notice was served under section 128A in relation to the determination or re-determination and section 128B(3) applied, the service on the new tenant or (as the case may be) the former tenant of the notice under section 128B(3), and (c) where a review notice was served under section 128A in relation to the determination or re-determination and section 128B(5) applied, the service of the notice under section 128B(7). (6) The preceding provisions of this section do not confer any right on a person required in pursuance of section 123 (claim to share right to buy with members of family) to share the right to buy, unless he could have been validly so required had the notice claiming to exercise the right to buy been given by the new tenant. (7) The preceding provisions of this section apply with the necessary modifications if there is a further change in the person who is the secure tenant.
Propose a change(1) Where the interest of the landlord in the dwelling-house passes from the landlord to another body after a secure tenant has given a notice claiming to exercise the right to buy . . ., all parties shall , subject to subsection (2), be in the same position as if the other body had become the landlord before the notice was given and had been given that notice and any further notice given by the tenant to the landlord and had taken all steps which the landlord had taken. (2) If the circumstances after the disposal differ in any material respect, as for example where— (a) the interest of the disponee in the dwelling-house after the disposal differs from that of the disponor before the disposal, or (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) any of the provisions of Schedule 5 (exceptions to the right to buy) becomes or ceases to be applicable, all those concerned shall, as soon as practicable after the disposal, take all such steps (whether by way of amending or withdrawing and re-serving any notice or extending any period or otherwise) as may be requisite for the purpose of securing that all parties are, as nearly as may be, in the same position as they would have been if those circumstances had obtained before the disposal.
Propose a change(1) Where a secure tenant has claimed to exercise the right to buy and that right has been established, then, as soon as all matters relating to the grant . . . have been agreed or determined, the landlord shall make to the tenant— (a) if the dwelling-house is a house and the landlord owns the freehold, a grant of the dwelling-house for an estate in fee simple absolute, or (b) if the landlord does not own the freehold or if the dwelling-house is a flat (whether or not the landlord owns the freehold), a grant of a lease of the dwelling-house, in accordance with the following provisions of this Part. (2) If the tenant has failed to pay the rent or any other payment due from him as a tenant for a period of four weeks after it has been lawfully demanded from him, the landlord is not bound to comply with subsection (1) while the whole or part of that payment remains outstanding. (2A) Subsection (2B) applies if an application is pending before any court— (a) for a demotion order , Ground 2 or 2ZA possession order or section 84A possession order to be made in respect of the tenant, or (b) for a suspension order to be made in respect of the tenancy. (2B) The landlord is not bound to comply with subsection (1) until such time (if any) as the application is determined without— (a) a demotion order , an operative Ground 2 or 2ZA possession order or an operative section 84A possession order being made in respect of the tenant, or (b) a suspension order being made in respect of the tenancy, or the application is withdrawn. (2C) For the purposes of subsection (2A) and (2B)— “ demotion order ” means a demotion order under section 82A; “Ground 2 or 2ZA possession order” means an order for possession under Ground 2 or Ground 2ZA in Schedule 2; “operative Ground 2 or 2ZA possession order” means an order made under Ground 2 or Ground 2ZA in Schedule 2 which requires possession of the dwelling-house to be given up on a date specified in the order;”; “operative section 84A possession order” means an order under section 84A which requires possession of the dwelling-house to be given up on a date specified in the order; “section 84A possession order” means an order for possession under section 84A; “ suspension order ” means a suspension order under section 121A. (2D) Subsection (1) has effect subject to section 121A(5) (disapplication of subsection (1) where suspension order is made). (2E) Subsection (1) also has effect subject to— (a) section 138A(2) (operation of subsection (1) suspended while initial demolition notice is in force), and (b) section 138B(2) (subsection (1) disapplied where final demolition notice is served). (3) The duty imposed on the landlord by subsection (1) is enforceable by injunction.
Propose a change(1) This section applies where— (a) an initial demolition notice is served on a secure tenant under Schedule 5A, and (b) the notice is served on the tenant before the landlord has made to him such a grant as is required by section 138(1) in respect of a claim by the tenant to exercise the right to buy. (2) In such a case the landlord is not bound to comply with section 138(1), in connection with any such claim by the tenant, so long as the initial demolition notice remains in force under Schedule 5A. (3) Section 138C provides a right to compensation in certain cases where this section applies.
Propose a change(1) This section applies where— (a) a secure tenant has claimed to exercise the right to buy, but (b) before the landlord has made to the tenant such a grant as is required by section 138(1) in respect of the claim, a final demolition notice is served on the tenant under paragraph 13 of Schedule 5. (2) In such a case— (a) the tenant’s claim ceases to be effective as from the time when the final demolition notice comes into force under that paragraph, and (b) section 138(1) accordingly does not apply to the landlord, in connection with the tenant’s claim, at any time after the notice comes into force. (3) Section 138C provides a right to compensation in certain cases where this section applies.
Propose a change(1) This section applies where— (a) a secure tenant has claimed to exercise the right to buy, (b) before the landlord has made to the tenant such a grant as is required by section 138(1) in respect of the claim, either an initial demolition notice is served on the tenant under Schedule 5A or a final demolition notice is served on him under paragraph 13 of Schedule 5, and (c) the tenant’s claim is established before that notice comes into force under Schedule 5A or paragraph 13 of Schedule 5 (as the case may be). (2) If, within the period of three months beginning with the date when the notice comes into force (“ the operative date ”), the tenant serves on the landlord a written notice claiming an amount of compensation under subsection (3), the landlord shall pay that amount to the tenant. (3) Compensation under this subsection is compensation in respect of expenditure reasonably incurred by the tenant before the operative date in respect of legal and other fees, and other professional costs and expenses, payable in connection with the exercise by him of the right to buy. (4) A notice under subsection (2) must be accompanied by receipts or other documents showing that the tenant incurred the expenditure in question.
Propose a change(1) A conveyance of the freehold executed in pursuance of the right to buy shall conform with Parts I and II of Schedule 6; a grant of a lease so executed shall conform with Parts I and III of that Schedule; and Part IV of that Schedule has effect in relation to certain charges. (2) The secure tenancy comes to an end on the grant to the tenant of an estate in fee simple, or of a lease, in pursuance of the provisions of this Part relating to the right to buy; and if there is then a subtenancy section 139 of the Law of Property Act 1925 (effect of extinguishment of reversion) applies as on a merger or surrender. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) The landlord may, subject to the provisions of this section, serve on the tenant at any time a written notice requiring him— (a) if all relevant matters have been agreed or determined, to complete the transaction within a period stated in the notice, or (b) if any relevant matters are outstanding, to serve on the landlord within that period a written notice to that effect specifying the matters, and informing the tenant of the effect of this section and of section 141(1), (2) and (4) landlord’s second notice to complete). (2) The period stated in a notice under this section shall be such period (of at least 56 days) as may be reasonable in the circumstances. (3) A notice under this section shall not be served earlier than three months after— (a) the service of the landlord’s notice under section 125 (notice of purchase price and other matters), or (b) where a notice has been served under section 146 (landlord’s notice admitting or denying right to acquire on rent to mortgage terms), the service of that notice. (4) A notice under this section shall not be served if— (a) a requirement for the determination or re-determination of the value of the dwelling-house by the district valuer has not been complied with, (aa) a review notice (within the meaning of section 128A) has been served in relation to such a determination or re-determination, section 128B applies and the district valuer has neither— (i) served a notice under section 128B(3) (refusal to make further determination), nor (ii) served a notice under section 128B(7) (a determination effect notice), (ab) no such review notice has been served but such a notice may still be served under section 128A, (b) proceedings for the determination of any other relevant matter have not been disposed of, or (c) any relevant matter stated to be outstanding in a written notice served on the landlord by the tenant has not been agreed in writing or determined. (5) In this section “relevant matters” means matters relating to the grant . . ..
Propose a change(1) If the tenant does not comply with a notice under section 140 (landlord’s first notice to complete), the landlord may serve on him a further written notice— (a) requiring him to complete the transaction within a period stated in the notice, and (b) informing him of the effect of this section in the event of his failing to comply. (2) The period stated in a notice under this section shall be such period (of at least 56 days) as may be reasonable in the circumstances. (3) At any time before the end of that period (or that period as previously extended) the landlord may by a written notice served on the tenant extend it (or further extend it). (4) If the tenant does not comply with a notice under this section the notice claiming to exercise the right to buy shall be deemed to be withdrawn at the end of that period (or as the case may require, that period as extended under subsection (3)). (5) If a notice under this section has been served on the tenant and by virtue of section 138(2) (failure of tenant to pay rent, etc.) the landlord is not bound to complete, the tenant shall be deemed not to comply with the notice.
Propose a change(1) As from the termination date, the right to acquire on rent to mortgage terms is not exercisable except in pursuance of a notice served under section 144 before that date. (2) In this section “ the termination date ” means the date falling 8 months after the date of the passing of the Housing Act 2004.
Propose a change(1) Subject to subsection (2) and sections 142A, 143A and 143B, where— (a) a secure tenant has claimed to exercise the right to buy, and (b) his right to buy has been established and his notice claiming to exercise it remains in force, he also has the right to acquire on rent to mortgage terms in accordance with the following provisions of this Part. (2) The right to acquire on rent to mortgage terms cannot be exercised if the exercise of the right to buy is precluded by section 121 (circumstances in which right to buy cannot be exercised). (3) Where the right to buy belongs to two or more persons jointly, the right to acquire on rent to mortgage terms also belongs to them jointly.
Propose a change(1) The right to acquire on rent to mortgage terms cannot be exercised if— (a) it has been determined that the tenant is or was entitled to housing benefit in respect of any part of the relevant period, or (b) a claim for housing benefit in respect of any part of that period has been made (or is treated as having been made) by or on behalf of the tenant and has not been determined or withdrawn. (2) In this section “ the relevant period ” means the period— (a) beginning twelve months before the day on which the tenant claims to exercise the right to acquire on rent to mortgage terms, and (b) ending with the day on which the conveyance or grant is executed in pursuance of that right.
Propose a change(1) The right to acquire on rent to mortgage terms cannot be exercised if the minimum initial payment in respect of the dwelling-house exceeds the maximum initial payment in respect of it. (2) The maximum initial payment in respect of a dwelling-house is 80 per cent. of the price which would be payable if the tenant were exercising the right to buy. (3) Where, in the case of a dwelling-house which is a house, the weekly rent at the relevant time did not exceed the relevant amount, the minimum initial payment shall be determined by the formula— P=RxM where— P = the minimum initial payment; R = the amount of the weekly rent at the relevant time; M = the multiplier which at that time was for the time being declared by the Secretary of State for the purposes of this subsection. (4) Where, in the case of a dwelling-house which is a house, the weekly rent at the relevant time exceeded the relevant amount, the minimum initial payment shall be determined by the formula— P=Q+(ExM) where— P = the minimum initial payment; Q = the qualifying maximum for the year of assessment which included the relevant time; E = the amount by which the weekly rent at that time exceeded the relevant amount; M = the multiplier which at that time was for the time being declared by the Secretary of State for the purposes of this subsection. (5) The minimum initial payment in respect of a dwelling-house which is a flat is 80 per cent. of the amount which would be the minimum initial payment in respect of the dwelling-house if it were a house. (6) The relevant amount and multipliers for the time being declared for the purposes of this section shall be such that, in the case of a dwelling-house which is a house, they will produce a minimum initial payment equal to the capital sum which, in the opinion of the Secretary of State, could be raised on a 25 year repayment mortgage in the case of which the net amount of the monthly mortgage payments was equal to the rent at the relevant time calculated on a monthly basis. (7) For the purposes of subsection (6) the Secretary of State shall assume— (a) that the interest rate applicable throughout the 25 year term were the standard national rate for the time being declared by the Secretary of State under paragraph 2 of Schedule 16 (local authority mortgage interest rates); and (b) that the monthly mortgage payments represented payments of capital and interest only. (8) In this section— “ net amount ”, in relation to monthly mortgage payments, means the amount of such payments after deduction of tax under section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax); “ qualifying maximum ” means the qualifying maximum defined in section 367(5) of that Act (limit on relief for interest on certain loans); “ relevant amount ” means the amount which at the relevant time was for the time being declared by the Secretary of State for the purposes of this section; “ relevant time ” means the time of the service of the landlord’s notice under section 146 (landlord’s notice admitting or denying right); “ rent ” means rent payable under the secure tenancy, but excluding any element which is expressed to be payable for services, repairs, maintenance or insurance or the landlord’s costs of management.
Propose a change(1) Subject to section 142A, a secure tenantclaims to exercise the right to acquire on rent to mortgage terms by written notice to that effect served on the landlord. (2) The notice may be withdrawn at any time by notice in writing served on the landlord. (3) On the service of a notice under this section, any notice served by the landlord under section 140 or 141 (landlord’s notices to complete purchase in pursuance of right to buy) shall be deemed to have been withdrawn; and no such notice may be served by the landlord whilst a notice under this section remains in force. (4) Where a notice under this section is withdrawn, the tenant may complete the transaction in accordance with the provisions of this Part relating to the right to buy.
Propose a change(1) The tenant’s initial share in the dwelling-house shall be a multiple of the prescribed percentage and shall not be less than the minimum initial share. (2) The prescribed percentage is 12.5 per cent. or such other percentage as the Secretary of State may by order prescribe. (3) The minimum initial share is 50 per cent. or such other percentage as the Secretary of State may by order prescribe. (4) An order under this section— (a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and (b) may contain such transitional provisions as appear to the Secretary of State to be necessary or expedient. (5) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Propose a change(1) Where a notice under section 144 (notice claiming to exercise the right to acquire on rent to mortgage terms) has been served by the tenant, the landlord shall, unless the notice is withdrawn, serve on the tenant as soon as practicable a written notice either— (a) admitting the tenant’s right and informing him of the matters mentioned in subsection (2), or (b) denying it and stating the reasons why, in the opinion of the landlord, the tenant does not have the right to acquire on rent to mortgage terms. (2) The matters are— (a) the relevant amount and multipliers for the time being declared by the Secretary of State for the purposes of section 143B; (b) the amount of the minimum initial payment; (c) the proportion which that amount bears to the price which would be payable if the tenant exercised the right to buy; (d) the landlord’s share on the assumption that the tenant makes the minimum initial payment; (e) the amount of the initial discount on that assumption; and (f) the provisions which, in the landlord’s opinion, should be contained in the conveyance or grant and the mortgage required by section 151B (mortgage for securing redemption of landlord’s share).
Propose a change