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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).
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