Housing Act 1985

[F1171F Subsequent dealings: transfer of qualifying person to alternative accommodation.E+W

The court shall not order a qualifying person to give up possession of the qualifying dwelling-house in pursuance of section 98(1)( a ) of the Rent Act 1977 [F2 or on Ground 9 in Schedule 2 to the Housing Act 1988 ] (suitable alternative accommodation) unless the court is satisfied—

(a)that the preserved right to buy will, by virtue of section 171B(6) (accommodation with same landlord or connected company), continue to be exercisable in relation to the dwelling-house offered by way of alternative accommodation and that the interest of the landlord in the new dwelling-house will be—

(i)where the new dwelling-house is a house, not less than the interest of the landlord in the existing dwelling-house, or

(ii)where the new dwelling-house is a flat, not less than the interest of the landlord in the existing dwelling-house or a term of years of which 80 years or more remain unexpired, whichever is the less; or

(b)that the landlord of the new dwelling-house will be an authority or body within section 80(1) (the landlord condition for secure tenancies).]