Housing Act 1985

[F1 F2 1 (1) The conveyance or grant shall contain a covenant binding on the secure tenant and his successors in title to make to the landlord, immediately after— E+W

(a) the making of a relevant disposal which is not an excluded disposal, or

(b) the expiry of the period of one year beginning with a relevant death,

(whichever first occurs), a final payment, that is to say, a payment of the amount required to redeem the landlord’s share.

(2) A disposal is an excluded disposal for the purposes of this paragraph if—

(a) it is a further conveyance of the freehold or an assignment of the lease and the person or each of the persons to whom it is made is, or is the spouse [F3 or civil partner] of, the person or one of the persons by whom it is made;

(b) it is a vesting in a person taking under a will or intestacy; or

[F4 (c) it is a disposal in pursuance of an order under—

(i) section 24 or 24A of the Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings),

(ii) section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate),

(iii) section 17 of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, &c.), F5 . . .

(iv) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents),][F6 or

(v) Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders, or orders for the sale of property, in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.),]

and (in any case) an interest to which this paragraph applies subsists immediately after the disposal.

(3) In this paragraph “relevant death” means the death of a person who immediately before his death was the person or, as the case may be, the last remaining person entitled to an interest to which this paragraph applies.

(4) A beneficial interest in the dwelling-house is an interest to which this paragraph applies if the person entitled to it is—

(a) the secure tenant or, as the case may be, one of the secure tenants, or

(b) a qualifying person.]

Textual Amendments

F1 Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F2 Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F3 Words in Sch. 6A para. 1(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81. 263(2), {Sch. 8 para. 35(2)}; S.I. 2005/3175, art. 2(1), Sch. 1

F4 Sch. 6A para. 1(2)(c) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 17; S.I. 1996/2402, art. 3

F5 Word in Sch. 6A para. 1(2)(c)(iii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263(10)(b), Sch. 30; S.I. 2005/3175, art. 2(6)

F6 Sch. 6A para. 1(2)(c)(v) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 34), ss. 81, 263(2), Sch. 8 para. 35(3); S.I. 2005/3175, art. 2(1), Sch. 1