SCHEDULES
SCHEDULE 5 Exceptions to the Right to Buy
F2Dwelling-house due to be demolished within 24 months
F115A
1
This paragraph applies if—
a
a final demolition notice is in force in respect of a dwelling-house, and
b
the landlord transfers his interest as landlord to another person.
2
The final demolition notice (“the original notice”) continues in force but this is subject to—
a
paragraphs 13(5) and 15, and
b
the following provisions of this paragraph.
3
Sub-paragraph (4) applies if the transferee—
a
intends to demolish the dwelling-house, but
b
has not—
i
served a continuation notice, and
ii
complied with the conditions in sub-paragraphs (8) and (10),
within the period of 2 months beginning with the date of transfer.
4
The transferee must proceed under paragraph 15(4) as if the transferee has decided not to demolish the dwelling-house (and paragraph 15(5) to (7) applies on the same basis).
5
A continuation notice is a notice—
a
stating that the transferee—
i
has acquired the interest concerned, and
ii
intends to demolish the dwelling-house or (as the case may be) the building containing it (“the relevant premises”),
b
setting out the reasons why the transferee intends to demolish the relevant premises,
c
stating that one of conditions A to C in paragraph 14 is satisfied in relation to the original notice (specifying the condition concerned),
d
stating that the original notice is to continue in force, and
e
explaining the continued effect of the original notice.
6
A continuation notice may not vary the proposed demolition date in the original notice nor the date when the original notice will cease to be in force.
7
Sub-paragraph (8) applies if—
a
the dwelling-house is contained in a building which contains one or more other dwelling-houses, and
b
the transferee intends to demolish the whole of the building.
8
The transferee must serve a continuation notice on the occupier of each of the dwelling-houses contained in the building (whether addressed to him by name or just as “the occupier”).
9
An accidental omission to serve a continuation notice on one or more occupiers does not prevent the condition in sub-paragraph (8) from being satisfied.
10
Paragraph 13(7) and (8) apply in relation to the transferee's intention to demolish so as to impose a condition on the transferee for a notice to appear within the period of 2 months beginning with the date of transfer.
11
Sub-paragraphs (7) to (10) above apply instead of paragraph 13(6) to (8) in relation to a final demolition notice so far as continued in force under this paragraph.
Sch. 5 paras. 13-16 and preceding cross-heading inserted (18.1.2004) by Housing Act 2004 (c. 34), ss. 182, 270(3)(a)