SCHEDULES
SCHEDULE 5 Exceptions to the Right to Buy
Dwelling-houses held on Crown tenancies
12
1
The right to buy does not arise if the dwelling-house is held by the landlord on a tenancy from the Crown, unless—
a
the landlord is entitled to grant a lease in pursuance of this Part without the concurrence of the appropriate authority, or
b
the appropriate authority notifies the landlord that as regards any Crown interest affected the authority will give its consent to the granting of such a lease.
2
In this paragraph “tenancy from the Crown” means a tenancy of land in which there is a Crown interest superior to the tenancy, and “Crown interest” and “appropriate authority” mean respectively—
a
an interest comprised in the Crown Estate, and the Crown Estate Commissioners or other government department having the management of the land in question;
b
an interest belonging to Her Majesty in right of the Duchy of Lancaster, and the Chancellor of the Duchy;
c
an interest belonging to the Duchy of Cornwall, and such person as the Duke of Cornwall or the possessor for the time being of the Duchy appoints;
d
any other interest belonging to a government department or held on behalf of Her Majesty for the purposes of a government department, and that department.
3
Section 179(1) (which renders ineffective certain provisions restricting the grant of leases under this Part) shall be disregarded for the purposes of sub-paragraph (1)(a).