SCHEDULES

SCHEDULE 5 Exceptions to the Right to Buy

Certain dwelling-houses for persons of pensionable age

F111

1

The right to buy does not arise if the dwelling-house—

a

is particularly suitable, having regard to its location, size, design, heating system and other features, for occupation by elderly persons, and

b

was let to the tenant or a predecessor in title of his for occupation by a person who was aged 60 or more (whether the tenant or predecessor or another person).

2

In determining whether a dwelling is particularly suitable, no regard shall be had to the presence of any feature provided by the tenant or a predecessor in title of his.

3

Notwithstanding anything in section 181 (jurisdiction of county court), any question arising under this paragraph shall be determined as follows.

4

If an application for the purpose is made by the tenant to the F2the appropriate tribunal or authority before the end of the period of 56 days beginning with the service of the landlord’s notice under section 124, the question shall be determined by F2the appropriate tribunal or authority .

5

If no such application is so made, the question shall be deemed to have been determined in favour of the landlord.

F35A

In this paragraph “the appropriate tribunal or authority” means—

a

in relation to England, a residential property tribunal; and

b

in relation to Wales, the Secretary of State.

5B

F4Section 231(1), (2), (3) and (5) of the Housing Act 2004 (appeals to F5Upper Tribunal) does not apply to any decision of a residential property tribunal under this paragraph.

6

This paragraph does not apply unless the dwelling-house concerned was first let before 1st January 1990.