Point in time view as at 01/04/1998. This version of this cross heading contains provisions that are not valid for this point in time.
Housing Act 1985, Cross Heading: Liability to compensate or indemnify is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Textual Amendments
F1Sch. 9A inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 8(2), Sch. 2
9(1)An action for breach of statutory duty lies where—E+W
(a)the disponor on a qualifying disposal fails to comply with paragraph 1 (duty to secure inclusion of statement in instrument effecting disposal), or
(b)the landlord on a change of the qualifying dwelling-house fails to comply with paragraph 5(2) or (4) (duty to apply for registration protecting preserved right to buy),
and a qualifying person is deprived of the preserved right to buy by reason of the non-registration of the matters which would have been registered if that duty had been complied with.
(2)If the Chief Land Registrar has to meet a claim under the [Land Registration Act 2002] as a result of acting upon-
(a)a certificate given in pursuance of paragraph 2 (certificate of title on first registration),
(b)a statement made in pursuance of paragraph 7 (statements required on disposal on which right to buy ceases to be preserved), or
(c)a certificate given in pursuance of paragraph 8 (certificate that dwelling-house has ceased to be subject to rights under this Part),
the person who gave the certificate or made the statement shall indemnify him.]
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