[F111(1)The right to buy does not arise if the dwelling-house—E+W
(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.
[F3(5A) In this paragraph “ the appropriate tribunal or authority ” means—
(a)in relation to England, [F4the 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.
[F5(5B)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.]]
Textual Amendments
F1Sch. 5 para. 11 substituted (11.10.1993) by 1993 c. 28, s. 106(2)(3)(4); S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).
F2Words in Sch. 5 para. 11(4) substituted (4.7.2005 for E. and otherwise prosp.) by Housing Act 2004 (c. 34), ss.181(2)(5), 270(4)(5); S.I. 2005/1729, art. 2(a) (subject to art. 3)
F3Sch. 5 para. 11(5A)(5B) inserted (4.7.2005 for E. and otherwise prosp.) by Housing Act 2004 (c. 34), ss. 181(3)(5), 270(4)(5); S.I. 2005/1729, art. 2(a) (subject to art. 3)
F4Words in Sch. 5 para. 11(5A)(a) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 48(a) (with Sch. 3)
F5Sch. 5 para. 11(5B) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 48(b) (with Sch. 3)