Housing Act 1985

Section 120.

SCHEDULE 5 Exceptions to the Right to Buy

Charities.

1 The right to buy does not arise if the landlord is a housing trust or a housing association and is a charity.

Certain housing associations.

2 The right to buy does not arise if the landlord is a co-operative housing association.

3 The right to buy does not arise if the landlord is a housing association which at no time received a grant under—

• any enactment mentioned in paragraph 2 of Schedule 1 to the Housing Associations Act 1985 (grants under enactments superseded by the [1974 c. 44.] Housing Act 1974),

• section 31 of the [1974 c. 44.] Housing Act 1974 (management grants),

• section 41 of the [1985 c. 69.] Housing Associations Act 1985 (housing association grants),

• section 54 of that Act (revenue deficit grants),

• section 55 of that Act (hostel deficit grants), or

• section 58(2) of that Act (grants by local authorities).

Landlord with insufficient interest in the property.

4 The right to buy does not arise unless the landlord owns the freehold or has an interest sufficient to grant a lease in pursuance of this Part for—

(a) where the dwelling-house is a house, a term exceeding 21 years, or

(b) where the dwelling-house is a flat, a term of not less than 50 years,

commencing, in either case, with the date on which the tenant’s notice claiming to exercise the right to buy is served.

Dwelling-houses let in connection with employment.

5 (1) The right to buy does not arise if the dwelling-house—

(a) forms part of, or is within the curtilage of, a building which, or so much of it as is held by the landlord, is held mainly for purposes other than housing purposes and consists mainly of accommodation other than housing accommodation, or is situated in a cemetery, and

(b) was let to a tenant or a predecessor in title of his in consequence of the tenant or predecessor being in the employment of the landlord or of—

• a local authority,

• a new town corporation,

• the Development Board for Rural Wales,

• an urban development corporation, or

• the governors of an aided school.

(2) In sub-paragraph (1)(a) “housing purposes” means the purposes for which dwelling-houses are held by local housing authorities under Part II (provision of housing) or purposes corresponding to those purposes.

Certain dwelling-houses for the disabled.

6 The right to buy does not arise if—

(a) the dwelling-house has features which are substantially different from those of ordinary dwelling-houses and are designed to make it suitable for occupation by physically disabled persons, and

(b) it has had those features since it was constructed or, where it was provided by means of the conversion of a building, since it was so provided.

7 The right to buy does not arise if the dwelling-house has features which are substantially different from those of ordinary dwelling-houses and are designed to make it suitable for occupation by physically disabled persons, and—

(a) it is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by physically disabled persons, and

(b) a social service or special facilities are provided in close proximity to the group of dwelling-houses wholly or partly for the purpose of assisting those persons.

8 The right to buy does not arise if the landlord or a predecessor of the landlord has carried out, for the purpose of making the dwelling-house suitable for occupation by physically disabled persons, one or more of the following alterations—

(a) the provision of not less than 7.5 square metres of additional floor space;

(b) the provision of an additional bathroom or shower-room;

(c) the installation of a vertical lift

9 (1) The right to buy does not arise if—

(a) the dwelling-house is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by persons who are suffering or have suffered from a mental disorder, and

(b) a social service or special facilities are provided wholly or partly for the purpose of assisting those persons.

(2) In sub-paragraph (1)(a) “mental disorder” has the same meaning as in the [1983 c. 20.] Mental Health Act 1983

Certain dwelling-houses for persons of pensionable age.

10 (1) The right to buy does not arise if the dwelling-house is one of a group of dwelling-houses—

(a) which are particularly suitable, having regard to their location, size, design, heating systems and other features, for occupation by persons of pensionable age, and

(b) which it is the practice of the landlord to let for occupation by persons of pensionable age, or for occupation by such persons and physically disabled persons,

and special facilities such as are mentioned in sub-paragraph (2) are provided wholly or mainly for the purposes of assisting those persons.

(2) The facilities referred to above are facilities which consist of or include—

(a) the services of a resident warden, or

(b) the services of a non-resident warden, a system for calling him and the use of a common room in close proximity to the group of dwelling-houses.

11 (1) The right to buy does not arise if the Secretary of State has determined, on the application of the landlord, that it is not to be capable of being exercised with respect to the dwelling-house.

(2) The Secretary of State shall so determine if, and only if, he is satisfied that the dwelling-house—

(a) is particularly suitable, having regard to its location, size, design, heating system and other features, for occupation by persons of pensionable age, and

(b) was let to the tenant or a predecessor in title of his for occupation by a person of pensionable age or a physically disabled person (whether the tenant or predecessor or another person).

(3) An application for a determination under this paragraph shall be made within the period for service of the landlord’s notice under section 124 (notice admitting or denying 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).