SCHEDULES

SCHEDULE 5 Exceptions to the Right to Buy

Dwelling-houses held on Crown tenancies

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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).