The New Towns (Transfer of Housing Stock) Regulations 1990

Retained dwellings

4.—(1) “Retained dwelling” means, subject to paragraphs (2) and (3), any dwelling vested in a new town corporation—

(a) in respect of which, before the time at which the Secretary of State gave the notice referred to in regulation 3, a notice has been served under section 122 of the Housing Act 1985 (notice of a claim to exercise the right to buy); or

(b) in respect of which, before that time, any other application to acquire the freehold or a long tenancy has been made to the corporation by the tenant; or

(c) which is or is likely to be the subject of an application under section 96 of the Housing Act 1988(1); or

(d) which is likely to be demolished within a reasonable period because of faults in its structure or for any other reason.

(2) A dwelling is a retained dwelling by virtue of paragraph (1)(a) or (b) only if it is not comprised in a block of flats.

(3) A dwelling ceases to be a retained dwelling—

(a) in respect of a dwelling within paragraph (1)(a), when the notice has been, or been deemed to be, withdrawn, or a lease has been granted pursuant to it under Part V of the Housing Act 1985; or

(b) in respect of a dwelling within paragraph (1)(b), when the tenant withdraws the application, the corporation determine not to proceed with the transaction, or the corporation pursuant to the application dispose of less than their entire interest in the dwelling; or

(c) in respect of a dwelling within paragraph (1)(c), when it ceases to be likely that an application under section 96 will be made or will proceed to a disposal, or when, after a disposal pursuant to the application, the corporation retain an interest in the dwelling; or

(d) in respect of a dwelling within paragraph (1)(d), when it ceases to be likely to be demolished within a reasonable period.

(4) These Regulations apply in relation to retained dwellings as they apply to other dwellings of a corporation except that the retained dwellings shall not be transferred under these Regulations until they cease to be retained dwellings.

(5) Where retained dwellings would have been included with other dwellings in a transfer under regulation 12, 14 or 15 but for the exception in paragraph (4), the transfer of those other dwellings shall be on the terms that the retained dwellings (insofar as the corporation have retained any interest in them) are to be transferred to the transferee of the other dwellings when the retained dwellings cease to be retained dwellings.

(1)

1988 c. 50.