Housing Act 1985

129 Discount. E+W

[F1 (1) Subject to the following provisions of this Part, a person exercising the right to buy is entitled to a discount of a percentage calculated by reference to the period which is to be taken into account in accordance with Schedule 4 (qualifying period for right to buy and discount).

(2) The discount is, subject to any order under subsection (2A)—

(a) in the case of a house, [F2 35 per cent]. plus one per cent. for each complete year by which the qualifying period exceeds [F3 five] years, up to a maximum of 60 per cent.;

(b) in the case of a flat, [F4 50 per cent]. plus two per cent. for each complete year by which the qualifying period exceeds [F5 five] years, up to a maximum of 70 per cent.

(2A) The Secretary of State may by order made with the consent of the Treasury provide that, in such cases as may be specified in the order—

(a) the minimum percentage discount,

(b) the percentage increase for each complete year of the qualifying period after the first [F6 five] , or

(c) the maximum percentage discount,

shall be such percentage, higher than that specified in subsection (2), as may be specified in the order.

(2B) An order—

(a) may make different provision with respect to different cases or descriptions of case,

(b) may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient, and

(c) shall be made by statutory instrument and shall not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.]

(3) Where joint tenants exercise the right to buy, Schedule 4 shall be construed as if for the secure tenant there were substituted that one of the joint tenants whose substitution will produce the largest discount.

Textual Amendments

F1 S. 129(1)–(2B) substituted for s. 129(1)(2) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 2(1)(2)

F2 Words in s. 129(2)(a) substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 180(2)(b), 270(3)(a) (with s. 180(5)(6))

F3 Word in s. 129(2)(a) substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 180(2)(a), 270(3)(a) (with s. 180(5)(6))

F4 Words in s. 129(2)(b) substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 180(3)(b), 270(3)(a) (with s. 180(5)(6))

F5 Word in s. 129(2)(b) substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 180(3)(a), 270(3)(a) (with s. 180(5)(6))

F6 Word in s. 129(2A)(b) substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 180(4), 270(3)(a) (with s. 180(5)(6))