Housing Act 1996

16 Right of tenant to acquire dwelling.E+W

[F1(1)The tenant of a dwelling in Wales has a right to acquire the dwelling if—

(a)the landlord is a registered social landlord or a registered provider of social housing,

(b)the tenancy is—

(i)an assured tenancy, other than an assured shorthold tenancy or a long tenancy, or

(ii)a secure tenancy,

(c)the dwelling was provided with public money and has remained in the social rented sector, and

(d)the tenant satisfies any further qualifying conditions applicable under Part V of the Housing Act 1985 (the right to buy) as it applies in relation to the right conferred by this section.]

(2)For this purpose a dwelling shall be regarded as provided with public money if—

(a)it was provided or acquired wholly or in part by means of a grant under section 18 (social housing grant),

(b)it was provided or acquired wholly or in part by applying or appropriating sums standing in the disposal proceeds fund of a registered social landlord (see section 25), or

(c)it was acquired by a registered social landlord [F2or a [F3private registered provider] of social housing] after the commencement of this paragraph on a disposal by a public sector landlord at a time when it was capable of being let as a separate dwelling.

(3)A dwelling shall be regarded for the purposes of this section as having remained within the social rented sector if, since it was so provided or acquired—

(a)the person holding the freehold interest in the dwelling has been either a [F4, a [F3private registered provider] of social housing] or a public sector landlord; and

(b)any person holding an interest as lessee (otherwise than as mortgagee) in the dwelling has been—

(i)an individual holding otherwise than under a long tenancy; or

(ii)a [F5, a [F3private registered provider] of social housing ] or a public sector landlord.

[F6(3A)In subsection (3)(a) the reference to the freehold interest in the dwelling includes a reference to such an interest in the dwelling as is held by the landlord under a lease granted in pursuance of paragraph 3 of Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 (mandatory leaseback to former freeholder on collective enfranchisement).]

(4)A dwelling shall be regarded for the purposes of this section as provided by means of a grant under section 18 (social housing grant) if, and only if, [F7the Welsh Ministers] when making the grant notified the recipient that the dwelling was to be so regarded.

The [F8Relevant Authority] shall before making the grant inform the applicant that it proposes to give such a notice and allow him an opportunity to withdraw his application within a specified time.

F9(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Words in s. 16(2)(c) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(1)(b), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F4Words in s. 16(3)(a) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(1)(c), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F5Words in s. 16(3)(b)(ii) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(1)(c), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F6S. 16(3A) inserted (18.1.2005) by Housing Act 2004 (c. 34), ss. 202(2), 270(3)(a) (with s. 202(3))

F7Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F8Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.

Modifications etc. (not altering text)

C1Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)

C2S. 16 restricted (1.4.1997) by Housing Act 1985 c. 68, Pt. V (see s. 122(4)) as modified by S.I. 1997/619, art. 2(1)(2), Sch. 1 para. 4, Sch. 2

S. 16 applied (10.5.1999) by S.I. 1999/1135, art. 2, Sch.

C5S. 16(2)(c) restricted (5.3.1997) by S.I. 1997/618, art. 2, Sch. para. 1