Housing Act 1985

179 Provisions restricting right to buy, etc. of no effect. E+W

(1) A provision of a lease held by the landlord or a superior landlord, or of an agreement (whenever made), is void in so far as it purports to prohibit or restrict—

(a) the grant of a lease in pursuance of the right to buy or the [F1 right to acquire on rent to mortgage terms], or

(b) the subsequent disposal (whether by way of assignment, sub-lease or otherwise) of a lease so granted

or to authorise a forfeiture, or impose on the landlord or superior landlord a penalty or disability, in the event of such a grant or disposal.

(2) Where a dwelling-house let on a secure tenancy is land held—

(a) for the purposes of section 164 of the M1 Public Health Act 1875 (pleasure grounds),or

(b) in accordance with section 10 of the M2 Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),

then, for the purposes of this Part, the dwelling-house shall be deemed to be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with section 164 or, as the case may be, section 10.

Textual Amendments

F1 Words in s. 179(1) substituted (11.10.1993) by 1993 c. 28, s. 187(1) Sch. 21 para. 22; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

Marginal Citations

M1 1875 c. 55.

M2 1906 c. 25.