Housing Act 1985

130 Reduction of discount where previous discount given. E+W

(1) There shall be deducted from the discount an amount equal to any previous discount qualifying, or the aggregate of previous discounts qualifying, under the provisions of this section.

(2) A “previous discount” means a discount given before the relevant time—

(a) on conveyance of the freehold, or a grant or assignment of a long lease, of a dwelling-house by a person within paragraph 7 [F1 or 7A] of Schedule 4 (public sector landlords) or, in such circumstances as may be prescribed by order of the Secretary of State, by a person so prescribed, or

[F2 (aa) on conveyance of the freehold, or a grant or assignment of a long lease of a dwelling-house by a person against whom the right to buy was exercisable by virtue of section 171A (preservation of right to buy on disposal to private sector landlord) to a person who was a qualifying person for the purposes of the preserved right to buy and in relation to whom that dwelling-house was the qualifying dwelling-house, or]

[F3 (ab) in pursuance of the provision required by paragraphs 3 to 5 or paragraph 7 of Schedule 6A (redemption of landlord’s share), or]

(b) in pursuance of the provision required by paragraph 1 of Schedule 8 (terms of shared ownership lease: right to acquire additional shares), or any other provision to the like effect [F4 or].

[F4 (c) in pursuance of any provision of, or required by, this Part F5 ... by virtue of section 17 of the Housing Act 1996 (the right to acquire).]

(3) A previous discount qualifies for the purposes of this section if it was given—

(a) to the person or one of the persons exercising the right to buy, or

(b) to the spouse [F6 , or civil partner,] of that person or one of those persons (if they are living together at the relevant time), or

(c) to a deceased spouse [F7 , or deceased civil partner,] of that person or one of those persons (if they were living together at the time of the death);

and where a previous discount was given to two or more persons jointly, this section has effect as if each of them had been given an equal proportion of the discount.

(4) Where the whole or part of a previous discount has been recovered by the person by whom it was given (or a successor in title of his)—

(a) by the receipt of a payment determined by reference to the discount, or

(b) by a reduction so determined of any consideration given by that person (or a successor in title of his), or

(c) in any other way,

then, so much of the discount as has been so recovered shall be disregarded for the purposes of this section.

(5) An order under this section—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section “dwelling-house” includes any yard, garden, outhouses and appurtenances belonging to the dwelling-house or usually enjoyed with it.

Textual Amendments

F1 Words in s. 130(2)(a) inserted (17.8.1992) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 29; S.I. 1992/1753, art. 2(2) (with restriction in Sch. para. 2)

F2 S. 130(2)(aa) inserted (17.8.1992) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 29; S.I. 1992/1753, art. 2(2) (with restriction in Sch. para. 2)

F3 S. 130(2)(ab) inserted (11.10.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 11; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F4 S. 130(2)(c) and word “or” preceding it inserted (1.4.1997) by S.I. 1997/627, art. 2, Sch. para. 3(3)

F5 Words in s. 130(2)(c) omitted (26.1.2019) by virtue of 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(j) (with reg. 5)

F6 Words in s. 130(3)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 29(a); S.I. 2005/3175, art. 2(1), Sch. 1

F7 Words in s. 130(3)(c) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 29(b); S.I. 2005/3175, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1 S. 130 modified by Housing Associations Act 1985 (c. 69, SIF 61), s. 45(4); Housing Act 1988 (c.50, SIF 61), s. 58(3)(4)