Housing Act 1985

138 - Duty of landlord to convey freehold or grant lease. E+W

(1) Where a secure tenant has claimed to exercise the right to buy and that right has been established, then, as soon as all matters relating to the grant F1 . . . have been agreed or determined, the landlord shall make to the tenant—

(a) if the dwelling-house is a house and the landlord owns the freehold, a grant of the dwelling-house for an estate in fee simple absolute, or

(b) if the landlord does not own the freehold or if the dwelling-house is a flat (whether or not the landlord owns the freehold), a grant of a lease of the dwelling-house,

in accordance with the following provisions of this Part.

(2) If the tenant has failed to pay the rent or any other payment due from him as a tenant for a period of four weeks after it has been lawfully demanded from him, the landlord is not bound to comply with subsection (1) while the whole or part of that payment remains outstanding.

[F2 (2A) Subsection (2B) applies if an application is pending before any court—

(a) for a demotion order [F3 , Ground 2 or 2ZA possession order or section 84A possession order] to be made in respect of the tenant, or

(b) for a suspension order to be made in respect of the tenancy.

(2B) The landlord is not bound to comply with subsection (1) until such time (if any) as the application is determined without—

(a) a demotion order [F4 , an operative Ground 2 or 2ZA possession order or an operative section 84A possession order] being made in respect of the tenant, or

(b) a suspension order being made in respect of the tenancy,

or the application is withdrawn.

(2C) For the purposes of subsection (2A) and (2B)—

• “ demotion order ” means a demotion order under section 82A;

• [F5 “Ground 2 or 2ZA possession order” means an order for possession under Ground 2 or Ground 2ZA in Schedule 2;]

• [F6 “operative Ground 2 or 2ZA possession order” means an order made under Ground 2 or Ground 2ZA in Schedule 2 which requires possession of the dwelling-house to be given up on a date specified in the order;”;]

• [F7 “operative section 84A possession order” means an order under section 84A which requires possession of the dwelling-house to be given up on a date specified in the order;

• “section 84A possession order” means an order for possession under section 84A;]

• “ suspension order ” means a suspension order under section 121A.

(2D) Subsection (1) has effect subject to section 121A(5) (disapplication of subsection (1) where suspension order is made).]

[F8 (2E) Subsection (1) also has effect subject to—

(a) section 138A(2) (operation of subsection (1) suspended while initial demolition notice is in force), and

(b) section 138B(2) (subsection (1) disapplied where final demolition notice is served).]

(3) The duty imposed on the landlord by subsection (1) is enforceable by injunction.

Textual Amendments

F1 Words in s. 138(1) repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4(b), Sch. 2 (with saving in Sch. 1 para. 4(1)).

F2 S. 138(2A)-(2D) inserted (15.6.2005 for E. and 25.11.2005 for W.) by Housing Act 2004 (c. 34), ss.193(1), 270(4)(5); S.I. 2005/1451, art.2; S.I. 2005/3237, arts. 1(2), 2

F3 Words in s. 138(2A)(a) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 100(1)(a), 185(1), (2)(c), (3)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 2(b) (with art. 11(1)(2)); S.I. 2014/1241, art. 2(b) (with art. 3(1)(2))

F4 Words in s. 138(2B)(a) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 100(1)(b), 185(1), (2)(c), (3)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 2(b) (with art. 11(1)(2)); S.I. 2014/1241, art. 2(b) (with art. 3(1)(2))

F5 Words in s. 138(2C) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 100(1)(c), 185(1), (2)(c), (3)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 2(b) (with art. 11(1)(2)); S.I. 2014/1241, art. 2(b) (with art. 3(1)(2))

F6 Words in s. 138(2C) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 100(1)(d), 185(1), (2)(c), (3)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 2(b) (with art. 11(1)(2)); S.I. 2014/1241, art. 2(b) (with art. 3(1)(2))

F7 Words in s. 138(2C) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 100(1)(e), 185(1), (2)(c), (3)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 2(b) (with art. 11(1)(2)); S.I. 2014/1241, art. 2(b) (with art. 3(1)(2))

F8 S. 138(2E) inserted (18.1.2005) by virtue of Housing Act 2004 (c. 34), ss.183(1), 270(3) (with 183(4))