Housing Act 1985 (c. 68)

PART II E+W PROVISION OF HOUSING ACCOMMODATION

Modifications etc. (not altering text)

C1 Pt. II (ss. 8–57): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)

C2 Pt. II (ss. 8-57) restricted (19.8.1996) by 1996 c. 49, s. 9(4)(a); S.I. 1996/2127, art. 2, Sch. Pt. I

Disposal of land held for housing purposes E+W

33 Covenants and conditions which may be imposed. E+W

(1) On a disposal under section 32 the local authority may impose such covenants and conditions as they think fit.

(2) But [F1 , subject to sections 36A and 37,] a condition of any of the following kinds may be imposed only with the consent of the Secretary of State—

(a) a condition limiting the price or premium which may be obtained on a further disposal of a house;

(b) in the case of a sale, a condition reserving a right of pre-emption;

(c) in the case of a lease, a condition precluding the lessee from assigning the lease or granting a sub-lease.

(3) In subsection (2)(b) a condition reserving a right of pre-emption means a condition precluding the purchaser from selling or leasing the land unless—

(a) he first notifies the authority of the proposed sale or lease and offers to sell or lease the land to them, and

(b) the authority refuse the offer or fail to accept it within one month after it is made.

(4) References in this section to the purchaser or lessee include references to his successors in title and any person deriving title under him or his successors in title.

Textual Amendments

F1 Words in s. 33(2) inserted (18.1.2005) by Housing Act 2004 (c. 34), ss.197(2)(5), 270(3)(a)