Housing Act 1985

121 Circumstances in which the right to buy cannot be exercised. E+W

[F1 (1) The right to buy cannot be exercised if the tenant is subject to an order of the court for possession of the dwelling-house.]

(2) The right to buy cannot be exercised if the person, or one of the persons, to whom the right to buy belongs—

(a) [F2 has made a bankruptcy application that has not been determined or] has a bankruptcy petition pending against him,

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) is an undischarged bankrupt, F4 ...

(d) has made a composition or arrangement with his creditors the terms of which remain to be fulfilled. [F5 or

(e) is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986).]

[F6 (3) The right to buy cannot be exercised at any time during the suspension period under an order made under section 121A in respect of the secure tenancy.]

Textual Amendments

F1 S. 121(1) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 304(1), 325(2) (with s. 304(2))

F2 Words in s. 121(2)(a) inserted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 6

F3 S. 121(2)(b) repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 10 Pt. III and by Insolvency Act 1986 (c.45, SIF 66), s. 437, Sch. 11, Pt. II para. 10(2)

F4 Word in s. 121(2)(c) omitted (1.10.2012) by virtue of The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 21(a) (with art. 5)

F5 S. 121(2)(e) and word inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 21(b) (with art. 5)

F6 S. 121(3) inserted (6.6.2005 for E. and 25.11.2005 for W.) by Housing Act 2004 (c. 34), ss. 192(1), 270(4)(5); S.S.I. 2005/1451, art. 2(b); S.I. 2005/3237, art. 2(g)