- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
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4.—(1) A person to whom this article applies has the preserved right to buy so long as the occupies the relevant dwelling-house as his only or principal home, subject to the following provisions of this order.
(2) Unless otherwise expressly provided, references in this order to a qualifying person and qualifying dwelling-house, in relation to the preserved right to buy, are to a person who has that right and to a dwelling-house in relation to which a person has that right.
(3) The following are the persons to whom this article applies—
(a)the former secure tenant, or in the case of a joint tenancy, each of them;
(b)a qualifying successor as defined in paragraph (4);
(c)a person to whom a tenancy of a dwelling-house is granted jointly with a person who has the preserved right to buy in relation to that dwelling-house.
(4) The following are qualifying successors for this purpose—
(a)where the former secure tenancy was not a joint tenancy, a person who, on the death of the former secure tenant, becomes by virtue of paragraph 2 or 3 of Part I of Schedule 1 to the Rent Act 1977 (surviving spouse or member of deceased tenant's family) the statutory tenant of a dwelling-house in relation to which the former secure tenant had the preserved right to buy immediately before his death;
(b)a person who becomes the tenant of a dwelling-house in pursuance of—
(i)a property adjustment order under section 24 of the Matrimonial Causes Act 1973, or
(ii)an order under Schedule 1 to the Matrimonial Homes Act 1983 transferring the tenancy,
in place of a person who had the preserved right to buy in relation to that dwelling-house.
(5) The relevant dwelling-house is in the first instance—
(a)in relation to a person within article 4(3)(a), the dwelling-house which was the subject of the qualifying disposal;
(b)in relation to a person within article 4(3)(b), the dwelling-house of which he became the statutory tenant or tenant as mentioned in paragraph (4)(a) or (b) of that article;
(c)in relation to a person within article 4(3)(c), the dwelling-house of which he became a joint tenant as mentioned in that paragraph.
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