171E Subsequent dealings: termination of landlord’s interest in qualifying dwelling-house.
(1) On the termination of the landlord’s interest in the qualifying dwelling-house—
(a) on the occurrence of an event determining his estate or interest, or by re-entry on a breach of condition or forfeiture, or
(b) where the interest is a leasehold interest, by notice given by him or a superior landlord, on the expiry or surrender of the term, or otherwise (subject to subsection (2)),
the right to buy ceases to be preserved.
(2) The termination of the landlord’s interest by merger on his acquiring a superior interest, or on the acquisition by another person of the landlord’s interest together with a superior interest, does not affect the preserved right to buy, unless—
(a) as a result of the acquisition an authority or body within section 80(1) (the landlord condition for secure tenancies) becomes the landlord of the qualifying person or persons, or
(b) paragraph 6 of Schedule 9A applies (effect of failure to register entry protecting preserved right to buy),
in which case the right to buy ceases to be preserved.
(3) Where the termination of the landlord’s interest as mentioned in subsection (1) is caused by the act or omission of the landlord, a qualifying person who is thereby deprived of the preserved right to buy is entitled to be compensated by him.
171F Subsequent dealings: transfer of qualifying person to alternative accommodation.
The court shall not order a qualifying person to give up possession of the qualifying dwelling-house in pursuance of section 98(1)( a ) of the Rent Act 1977 or on Ground 9 in Schedule 2 to the Housing Act 1988 (suitable alternative accommodation) unless the court is satisfied—
(a) that the preserved right to buy will, by virtue of section 171B(6) (accommodation with same landlord or connected company), continue to be exercisable in relation to the dwelling-house offered by way of alternative accommodation and that the interest of the landlord in the new dwelling-house will be—
(i) where the new dwelling-house is a house, not less than the interest of the landlord in the existing dwelling-house, or
(ii) where the new dwelling-house is a flat, not less than the interest of the landlord in the existing dwelling-house or a term of years of which 80 years or more remain unexpired, whichever is the less; or
(b) that the landlord of the new dwelling-house will be an authority or body within section 80(1) (the landlord condition for secure tenancies).
171H Disposal after notice claiming to exercise right to buy, etc.
(1) Where notice has been given in respect of a dwelling-house claiming to exercise the right to buy . . . and before the completion of the exercise of that right the dwelling-house is the subject of—
(a) a qualifying disposal, or
(b) a disposal to which section 171D(1)( a ) or 171E(2)( a ) applies (disposal to authority or body satisfying landlord condition for secure tenancies),
all parties shall, subject to subsection (2), be in the same position as if the disponee 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.
172 Exclusion of leases where landlord is housing association and freeholder is a charity.
(1) Part I of the Leasehold Reform Act 1967 (enfranchisement and extension of long leaseholds) does not apply where, in the case of a tenancy or sub-tenancy to which this section applies, the landlord is a housing association and the freehold is owned by a body of persons or trust established for charitable purposes only.
(2) This section applies to a tenancy created by the grant of a lease in pursuance of this Part of a dwelling-house which is a house.
(3) Where Part I of the 1967 Act applies as if there had been a single tenancy granted for a term beginning at the same time as the term under a tenancy falling within subsection (2) and expiring at the same time as the term under a later tenancy, this section also applies to that later tenancy.
(4) This section applies to any sub-tenancy directly or indirectly derived out of a tenancy falling within subsection (2) or (3).
174 Leases granted under this Part to be treated as long leases at a low rent.
For the purposes of Part I of the Leasehold Reform Act 1967 (enfranchisement and extension of long leaseholds)—
(a) a tenancy created by the grant of a lease in pursuance of this part of a dwelling-house which is a house shall be treated as being a long tenancy notwithstanding that it is granted for a term of 21 years or less, . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Where, in the case of a tenancy or sub-tenancy to which this section applies, the tenant exercises his right to acquire the freehold under Part I of the Leasehold Reform Act 1967, the price payable for the dwelling-house shall be determined in accordance with section 9(1A) of that Act notwithstanding that the circumstances specified in that section do not apply.
(2) This section applies to a tenancy created by the grant of a lease in pursuance of this Part of a dwelling-house which is a house.
(3) Where Part I of the 1967 Act applies as if there had been a single tenancy granted for a term beginning at the same time as the term under a tenancy falling within subsection (2) and expiring at the same time as the term under a later tenancy, this section also applies to that later tenancy.
(4) This section applies to any sub-tenancy directly or indirectly derived out of a tenancy falling within subsection (2) or (3).
(5) This section also applies to a tenancy granted in substitution for a tenancy or sub-tenancy falling within subsections (2) to (4) in pursuance of Part I of the 1967 Act.
(1) The Secretary of State may by regulations prescribe the form of any notice under this Part and the particulars to be contained in the notice.
(2) Where the form of, and the particulars to be contained in, a notice under this Part are so prescribed, a tenant who proposes to claim, or has claimed, to exercise the right to buy may request the landlord to supply him with a form for use in giving such notice; and the landlord shall do so within seven days of the request.
(3) A notice under this Part may be served by sending it by post.
(4) Where the landlord is a housing association, a notice to be served by the tenant on the landlord under this Part may be served by leaving it at, or sending it to, the principal office of the association or the office of the association with which the tenant usually deals.
(5) Regulations 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.
(1) A notice served by a tenant under this Part is not invalidated by an error in, or omission from, the particulars which are required by regulations under section 176 to be contained in the notice.
(2) Where as a result of such an error or omission—
(a) the landlord has mistakenly admitted or denied the right to buy or the right to acquire on rent to mortgage terms in a notice under section 124 or 146, or
(b) the landlord . . .has formed a mistaken opinion as to any matter required to be stated in a notice by any of the provisions mentioned in sub-section (3) and has stated that opinion in the notice,
the parties shall, as soon as practicable after they become aware of the mistake, take all such steps (whether by way of amending, withdrawing or re-serving any notice or extending any period or otherwise) as may be requisite for the propose of securing that all parties are, as nearly as may be, in the same position as they would have been if the mistake had not been made.
(3) The provisions referred to in subsection (2)(b) are—
section 125 (notice of purchase price, etc.),
. . .
section 146 (landlord’s notice admitting or denying right to acquire on rent to mortgage terms).
. . .
(4) Subsection (2) does not apply where the tenant has exercised the right to which the notice relates before the parties become aware of the mistake.
An agreement between the landlord and a tenant claiming to exercise—
(a) the right to buy,
(b) the right to acquire on rent to mortgage terms, or
(c) any such right as is mentioned in paragraph 2(1) or 6(1) of Schedule 6A (redemption of landlord’s share: right to make final or interim payment),
is void in so far as it purports to oblige the tenant to bear any part of the costs incurred by the landlord in connection with the tenant’s exercise of that right.
179 Provisions restricting right to buy, etc. of no effect.
(1) A provision of a lease held by the landlord or a superior landlord, or of an agreement (whenever made), is void in so far as it purports to prohibit or restrict—
(a) the grant of a lease in pursuance of the right to buy or the right to acquire on rent to mortgage terms, or
(b) the subsequent disposal (whether by way of assignment, sub-lease or otherwise) of a lease so granted
or to authorise a forfeiture, or impose on the landlord or superior landlord a penalty or disability, in the event of such a grant or disposal.
(2) Where a dwelling-house let on a secure tenancy is land held—
(a) for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds),or
(b) in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),
then, for the purposes of this Part, the dwelling-house shall be deemed to be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with section 164 or, as the case may be, section 10.
A landlord, . . .or the Secretary of State may, if the landlord, . . . or Secretary of State thinks fit, accept a statutory declaration made for the purposes of this Part as sufficient evidence of the matters declared in it.
(1) The county court has jurisdiction—
(a) to entertain any proceedings brought under this Part, and
(b) to determine any question arising under this Part or under a conveyance or grant executed in pursuance of the right to acquire on rent to mortgage terms;
but subject to sections 128 , 128B, 155C and 158. . .(which provide for matters of valuation to be determined by the district valuer).
(2) The jurisdiction conferred by this section includes jurisdiction to entertain proceedings on any such question as is mentioned in subsection (1)(b) notwithstanding that no other relief is sought than a declaration.
(3) If a person takes proceedings in the High Court which, by virtue of this section, he could have taken in the county court, he is not entitled to recover any costs.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State may by order repeal or amend a provision of a local Act passed before 8th August 1980 where it appears to him that the provision is inconsistent with a provision of this Part relating to the right to buy . . ..
(2) Before making an order under this section the Secretary of State shall consult any local housing authority appearing to him to be concerned.
(3) An order made under this section may contain such transitional, incidental or supplementary provisions as the Secretary of State considers appropriate.
(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) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
183 Meaning of “house”, “flat” and “dwelling-house”.
(1) The following provisions apply to the interpretation of “house”, “flat” and “dwelling-house” when used in this Part.
(2) A dwelling-house is a house if, and only if, it (or so much of its as does not consist of land included by virtue of section 184) is a structure reasonably so called; so that—
(a) where a building is divided horizontally, the flats or other units into which it is divided are not houses;
(b) where a building is divided vertically, the units into which it is divided may be houses;
(c) where a building is not structurally detached, it is not a house if a material part of it lies above or below the remainder of the structure.
(3) A dwelling-house which is not a house is a flat.
184 Land let with or used for purposes of dwelling-house.
(1) For the purpose of this Part land let together with a dwelling-house shall be treated as part of the dwelling-house, unless the land is agricultural land (within the meaning set out in section 26(3)(a) of the General Rate Act 1967) exceeding two acres.
(2) There shall be treated as included in a dwelling-house any land which is not within subsection (1) but is or has been used for the purpose of the dwelling-house if—
(a) the tenant, by a written notice served on the landlord at any time before he exercises the right to buy or the right to acquire on rent to mortgage terms, requires the land to be included in the dwelling-house, and
(b) it is reasonable in all the circumstances for the land to be so included.
(3) A notice under subsection (2) may be withdrawn by a written notice served on the landlord at any time before the tenant exercises the right to buy or the right to acquire on rent to mortgage terms.
(4) Where a notice under subsection (2) is served or withdrawn after the service of the notice under section 125 (landlord’s notice of purchase price, etc.), the parties shall, as soon as practicable after the service or withdrawal, take all such steps (whether by way of amending, withdrawing or 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 in if the notice under subsection (2) had been served or withdrawn before the service of the notice under section 125.
185 Meaning of “secure tenancy” and “secure tenant”.
(1) References in this Part to a secure tenancy or a secure tenant in relation to a time before 26th August 1984 are to a tenancy which would have been a secure tenancy if Chapter II of Part I of the Housing Act 1980 and Part I of the Housing and Building Control Act 1984 had then been in force or to a person who would then have been a secure tenant.
(2) For the purpose of determining whether a person would have been a secure tenant and his tenancy a secure tenancy—
(a) a predecessor of a local authority shall be deemed to have been such an authority, and
(b) a housing association shall be deemed to have been registered if it is or was a private registered provider of social housing orregistered social landlord at any later time.
(1) A person is a member of another’s family within the meaning of this Part if—
(a) he is the spouse or civil partner of that person, or he and that person live together as if they were a married couple or civil partners, or
(b) he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.
(2) For the purposes of subsection (1)(b)—
(a) a relationship by marriage or civil partnership shall be treated as a relationship by blood,
(b) a relationship of the half-blood shall be treated as a relationship of the whole blood,
(c) the stepchild of a person shall be treated as his child, and
(d) an illegitimate child shall be treated as as the legitimate child of his mother and reputed father.
In this Part—
“improvement” means , in relation to a dwelling house, any alteration in, or addition to, the dwelling-house and includes—
any addition to, or alteration in, landlord’s fixtures and fittings and any addition or alteration connected with the provision of services to the dwelling-house,
the erection of a wireless or television aerial, and
the carrying out of external decoration;
and shall be similarly construed in relation to any other building or land;
“ improvement contribution ” means an amount payable by a tenant of a flat in respect of improvements to the flat, the building in which it is situated or any other building or land, other than works carried out in discharge of any such obligations as are referred to in paragraph 16A(1) of Schedule 6 (obligations to repair, reinstate, etc. );
“long tenancy” means—
a long tenancy within the meaning of part IV,
a tenancy falling within paragraph 1 of Schedule 1 to the Tenants’ Rights, Etc. (Scotland) Act 1980, or
a tenancy falling within paragraph 1 of Schedule 2 to the Housing (Northern Ireland) Order 1983;
and “long lease” shall be construed accordingly;
. . .
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—
. . . | . . .
bank | section 622
building society | section 622
cemetery | section 622
charity | section 662
compulsory disposal | section 161
co-operative housing association | section 5(2)
. . . | . . .
disposal and instrument effecting disposal (in Schedule 9A) | paragraph 10 of Schedule
[district valuer] | [section 622 ]
dwelling-house | sections 183 and 184
. . . | . . .
exempted disposal | section 160
family (member of) | section 186
[final payment] | [paragraph 1 of Schedule 6A]
flat | section 183
former landlord and former secure tenant (in relation to a qualifying disposal) | section 171A(2)(c)
friendly society | section 622
. . . | . . .
house | section 183
housing association | section 5(1)
housing trust | section 6
improvement | section 187
improvement contribution | section 187
incumbrances | paragraph 7 of Schedule 6
[initial payment and interim payment] | [section 143B and paragraph 6 of Schedule 6A]
. . . | . . .
insurance company | section 622
[landlord’s share] | [section 148 and paragraph 7 of Schedule 6A ]
lease | section 621
local authority | section 4(e)
local housing authority | section 1, 2(2)
long tenancy (and long lease) | section 187
[minimum initial payment and maximum initial payment] | [section 143B ]
new town corporation | section 4(b)
. . . | . . .
[prescribed] | [section 614]
preserved right to buy | section 171A(2)(a)
public sector tenancy (and public sector tenant) | paragraphs 6 to 10 of Schedule 4
purchase price | section 126
qualifying disposal (in relation to the preserved right to buy) | section 171A(2)(b)
qualifying dwelling-house and qualifying person (in relation to the preserved right to buy) | section 171B(1)
reference period (for purposes of s. 125A or 125B) | section 125C
registered social landlord | section 5(4) and (5)
regular armed forces of the Crown | section 622
the Relevant Authority | section 6A
relevant disposal | section 159 (and see section 452(3))
relevant time | section 122(2)
. . . | . . .
[right to acquire on rent to mortgage terms] | [section 143]
right to buy | section 118(1)
. . . | . . .
. . . | . . .
secure tenancy and secure tenant | sections 79 and 185
service charge | section 621A
tenant’s incumbrance | paragraph 7 of Schedule 6
. . . | . . .
trustee savings bank | section 622
urban development corporation | section 4(d)