Housing Act 1985

Change of tenant or landlord after service of notice claiming right to buy E+W

136 Change of secure tenant after notice claiming right to buy. E+W

(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.

[F1 (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, F2 . . .

(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 [F3 (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] .]

[F4 (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.

Textual Amendments

F1 S. 136(2) substituted (11.10.1993) for s. 136(2)-(5) by 1993 c. 28, s. 105(2); S.I. 1993/2134, arts. 2, 4(b)(with saving in Sch. 1 para. 4(1)).

F2 Word in s. 136(2) repealed (22.9.2008 for E. and otherwise prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 321(1), 325(2), Sch. 16

F3 Words in s. 136(2)(b) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 306(8), 325(2) (with s. 306(12))

F4 S. 136(2A) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 306(9), 325(2) (with s. 306(12))

137 Change of landlord after notice claiming right to buy or right to a mortgage. E+W

[F5 (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 F6 . . ., all parties shall [F7 , 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. ]

[F8 (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

F9 ( 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.]

Textual Amendments

F5 S. 137, existing provision renumbered as s. 137(1) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 4(1)

F6 Words in S. 137 repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4(b), Sch. 2 (with saving in Sch. 1 para. 4(1)).

F7 Words inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s.24(1), Sch. 5 Pt. I para. 4(2)

F8 S. 137(2) inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 4(3)

F9 S. 137(2)(b) repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4(b), Sch. 2 (with saving in Sch. 1 para. 4(1)).