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
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, F5the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and
b
in relation to Wales, the Secretary of State.
F45B
For appeals, see section 11 of the Tribunals, Courts and Enforcement Act 2007 (for decisions of the First-tier Tribunal) and section 65A of the Rent Act 1977 (for decisions of a rent assessment committee).
6
This paragraph does not apply unless the dwelling-house concerned was first let before 1st January 1990.