Housing Act 1985

Certain dwelling-houses for persons of pensionable age E+W

10 (1) The right to buy does not arise if the dwelling-house is one of a group of dwelling-houses— E+W

(a) which are particularly suitable, having regard to their location, size, design, heating systems and other features, for occupation by [F1 elderly persons] and

(b) which it is the practice of the landlord to let for occupation by [F1 persons aged 60 or more], or for occupation by such persons and physically disabled persons,

and special facilities such as are mentioned in sub-paragraph (2) are provided wholly or mainly for the purposes of assisting those persons.

(2) The facilities referred to above are facilities which consist of or include—

(a) the services of a resident warden, or

(b) the services of a non-resident warden, a system for calling him and the use of a common room in close proximity to the group of dwelling-houses.

Textual Amendments

F1 Words in Sch. 5 para. 10(1) substituted (11.10.1993) by 1993 c. 28, s. 106(1)(3); S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)(3)).

[F2 11 (1) The right to buy does not arise if the dwelling-house— E+W

(a) is particularly suitable, having regard to its location, size, design, heating system and other features, for occupation by elderly persons, and

(b) was let to the tenant or a predecessor in title of his for occupation by a person who was aged 60 or more (whether the tenant or predecessor or another person).

(2) In determining whether a dwelling is particularly suitable, no regard shall be had to the presence of any feature provided by the tenant or a predecessor in title of his.

(3) Notwithstanding anything in section 181 (jurisdiction of county court), any question arising under this paragraph shall be determined as follows.

(4) If an application for the purpose is made by the tenant to the [F3 the appropriate tribunal F4 ...] before the end of the period of 56 days beginning with the service of the landlord’s notice under section 124, the question shall be determined by [F3 the appropriate tribunal F4 ...].

(5) If no such application is so made, the question shall be deemed to have been determined in favour of the landlord.

[F5 (5A) In this paragraph “ the appropriate tribunal F6 ... ” means—

(a) F7 ..., [F8 the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal]F9 ...

F9 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10 (5B) For appeals, see section 11 of the Tribunals, Courts and Enforcement Act 2007 (for decisions of the First-tier Tribunal) and section 65A of the Rent Act 1977 (for decisions of a rent assessment committee).]

(6) This paragraph does not apply unless the dwelling-house concerned was first let before 1st January 1990.]]

Textual Amendments

F2 Sch. 5 para. 11 substituted (11.10.1993) by 1993 c. 28, s. 106(2)(3)(4); S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F3 Words in Sch. 5 para. 11(4) substituted (4.7.2005 for E. and otherwise prosp.) by Housing Act 2004 (c. 34), ss.181(2)(5), 270(4)(5); S.I. 2005/1729, art. 2(a) (subject to art. 3)

F4 Words in Sch. 5 para. 11(4) omitted (26.1.2019) by virtue of The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110), regs. 1, 3(p)(i) (with reg. 5)

F5 Sch. 5 para. 11(5A)(5B) inserted (4.7.2005 for E. and otherwise prosp.) by Housing Act 2004 (c. 34), ss. 181(3)(5), 270(4)(5); S.I. 2005/1729, art. 2(a) (subject to art. 3)

F6 Words in Sch. 5 para. 11(5A) omitted (26.1.2019) by virtue of The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110), regs. 1, 3(p)(ii)(aa) (with reg. 5)

F7 Words in Sch. 5 para. 11(5A)(a) omitted (26.1.2019) by virtue of The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110), regs. 1, 3(p)(ii)(bb) (with reg. 5)

F8 Words in Sch. 5 para. 11(5A)(a) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 48(a) (with Sch. 3)

F9 Sch. 5 para. 11(5A)(b) and word omitted (26.1.2019) by virtue of The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110), regs. 1, 3(p)(ii)(cc) (with reg. 5)

F10 Sch. 5 para. 11(5B) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 48(b) (with Sch. 3)