Version Superseded: 08/05/2017
Point in time view as at 17/09/2014.
Housing Act 1985, Paragraph 5 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
5(1)The right to buy does not arise if the dwelling-house—E+W
(a)forms part of, or is within the curtilage of, a building which, or so much of it as is held by the landlord, is held mainly for purposes other than housing purposes and consists mainly of accommodation other than housing accommodation, or is situated in a cemetery, and
(b)was let to a tenant or a predecessor in title of his in consequence of the tenant or predecessor being in the employment of the landlord or of—
a local authority,
a [F1development] corporation,
[F2a housing action trust]
F3. . .
[F4a Mayoral development corporation, ]
an urban development corporation, or
the governors of an aided school.
(2)In sub-paragraph (1)(a) “housing purposes” means the purposes for which dwelling-houses are held by local housing authorities under Part II (provision of housing) or purposes corresponding to those purposes.
Textual Amendments
F1Words in Sch. 5 para. 5(1)(b) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 32 (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)
F2Entry in Sch. 5 para. 5(1)(b) inserted by Housing Act 1988 (c. 50, SIF 61), s. 83(6)(d)
F3Entry in Sch. 5 para. 5(1)(b) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4
F4Entry in Sch. 5 para. 5(1)(b) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 20
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