Housing Act 1985 (c. 68)

PART V E+W THE RIGHT TO BUY

Modifications etc. (not altering text)

C1 Pt. V (ss. 118–188) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22 and 23 as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61

C2 Pt. V (ss. 118–188) modified by S.I. 1986/2092, arts. 3, 6, Sch. 1 (as amended (2.7.2012) by S.I. 2012/1659, art. 1(2), Sch. 3 para. 30 (with arts. 4-6)); S.I. 1987/1732, arts. 3(1), 4(1); S.I. 1989/368, art. 2, Sch. 1; S.I.1990/179, art. 2, Sch. 1

C3 Pt. V (ss. 118-188) applied (with modifications) (11.10.1993) by S.I. 1993/2240, art. 3, Sch. (as amended (W.) (3.9.2012) by S.I. 2012/2090, art. 1(2), Sch. para. 2)

Pt. V (ss. 118-188) modified (11.10.1993) by S.I. 1993/2241, regs.2, 3, Schs. 1-4 (as amended (W.) (3.9.2012) by S.I. 2012/2090, art. 1(2), Sch. para. 1).

Pt. V (ss. 118-188) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)

Pt. V (ss. 118-188): power to modify conferred (1.8.1996) by 1996 c. 52, s. 17(2)(3) (with s. 54(1)); S.I. 1996/2048, art. 2(1)

C4 Pt. V (ss. 118-188) applied (1.8.1996) by 1996 c. 52, s. 17(2)(3) (with s. 54(1)); S.I. 1996/2048, art. 2(1)

C5 Pt. V (ss. 118-188) restricted (4.2.1997) by 1996 c. 52, s. 130(4); S.I. 1997/66, art. 2 (subject to savings in Sch.)

C6 Pt. V modified (1.4.1997) by S.I. 1997/619, regs. 1, 2, Schs. 1, 2 (as amended (W.) (3.9.2012) by S.I. 2012/2090, art. 1(2), Sch. para. 3)

Modifications of Leasehold Reform Act 1967 in relation to leases granted under this Part E+W

172 Exclusion of leases where landlord is housing association and freeholder is a charity. E+W

(1) Part I of the M1 Leasehold Reform Act 1967 (enfranchisement and extension of long leaseholds) does not apply where, in the case of a tenancy or sub-tenancy to which this section applies, the landlord is a housing association and the freehold is owned by a body of persons or trust established for charitable purposes only.

(2) This section applies to a tenancy created by the grant of a lease in pursuance of this Part of a dwelling-house which is a house.

(3) Where Part I of the 1967 Act applies as if there had been a single tenancy granted for a term beginning at the same time as the term under a tenancy falling within subsection (2) and expiring at the same time as the term under a later tenancy, this section also applies to that later tenancy.

(4) This section applies to any sub-tenancy directly or indirectly derived out of a tenancy falling within subsection (2) or (3).

Marginal Citations

M1 1967 c. 88.

F1 173 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F1 S. 173 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. X Group 5

174 Leases granted under this Part to be treated as long leases at a low rent. E+W

For the purposes of Part I of the M2 Leasehold Reform Act 1967 (enfranchisement and extension of long leaseholds)—

(a) a tenancy created by the grant of a lease in pursuance of this part of a dwelling-house which is a house shall be treated as being a long tenancy notwithstanding that it is granted for a term of 21 years or less, F2 . . .

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 174(b) and the preceding word repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. X Group 5

Marginal Citations

M2 1967 c. 88.

175 Determination of price payable. E+W

(1) Where, in the case of a tenancy or sub-tenancy to which this section applies, the tenant exercises his right to acquire the freehold under Part I of the Leasehold Reform Act 1967, the price payable for the dwelling-house shall be determined in accordance with section 9(1A) of that Act notwithstanding that [F3 the circumstances specified in that section do not apply].

(2) This section applies to a tenancy created by the grant of a lease in pursuance of this Part of a dwelling-house which is a house.

(3) Where Part I of the 1967 Act applies as if there had been a single tenancy granted for a term beginning at the same time as the term under a tenancy falling within subsection (2) and expiring at the same time as the term under a later tenancy, this section also applies to that later tenancy.

(4) This section applies to any sub-tenancy directly or indirectly derived out of a tenancy falling within subsection (2) or (3).

(5) This section also applies to a tenancy granted in substitution for a tenancy or sub-tenancy falling within subsections (2) to (4) in pursuance of Part I of the 1967 Act.

Textual Amendments

F3 Words substituted by S.I. 1990/434, reg. 2, Sch. para. 20