Housing Act 1985

[F1 3 (1) The requirements as to consultation referred to above are as follows. E+W

(2) The authority shall serve notice in writing on the tenant informing him of—

(a) such details of their proposal as the authority consider appropriate, but including the identity of the person to whom the disposal is to be made,

(b) the likely consequences of the disposal for the tenant, and

(c) the effect of the provisions of this Schedule and [F2 , in the case of a secure tenant,] [F3 of a dwelling-house in England] of sections 171A to 171H (preservation of right to buy on disposal to private sector landlord),

and informing him that he may, within such reasonable period as may be specified in the notice, make representations to the authority.

(3) The authority shall consider any representations made to them within that period and shall serve a further written notice on the tenant informing him—

(a) of any significant changes in their proposal, and

(b) that he may within such period as is specified (which must be at least 28 days after the service of the notice) communicate to the Secretary of State his objection to the proposal,

and informing him of the effect of paragraph 5 (consent to be withheld if majority of tenants are opposed).

[F4 (4) When a notice has been served under sub-paragraph (3) the authority shall arrange a ballot of the tenants in accordance with sub-paragraph (5) to establish whether or not the tenants wish the disposal to proceed.

(5) The authority shall—

(a) make arrangements for such person as they consider appropriate to conduct the ballot in such manner as that person considers appropriate; or

(b) conduct the ballot themselves.

(6) After the ballot has been held the authority shall serve a notice on each tenant (whether or not he voted in the ballot) informing him—

(a) of the ballot result; and

(b) if the authority intend to proceed with the disposal, that he may within 28 days after the service of the notice make representations to the Secretary of State or (as the case may be) the Welsh Ministers.]]

Textual Amendments

F1 Sch. 3A inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 6(2)(3), Sch. 1

F2 Words in Sch. 3A para. 3(2)(c) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(l)(ii)

F3 Words in Sch. 3A para. 3(2)(c) inserted (26.1.2019) by The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110), regs. 1, 3(o) (with reg. 5)

F4 Sch. 3A para. 3(4)-(6) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 294(2), 325(2) (with s. 294(5)(6))