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Housing Act 1985
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Housing Act 1985, Paragraph 9 is up to date with all changes known to be in force on or before 23 February 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.
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[F19(1)An action for breach of statutory duty lies where—E+W
(a)the disponor on a qualifying disposal fails to comply with paragraph 1 (duty to secure inclusion of statement in instrument effecting disposal), or
(b)the landlord on a change of the qualifying dwelling-house fails to comply with paragraph 5(2) or (4) (duty to apply for registration protecting preserved right to buy),
and a qualifying person is deprived of the preserved right to buy by reason of the non-registration of the matters which would have been registered if that duty had been complied with.
(2)If the Chief Land Registrar has to meet a claim under the [Land Registration Act 2002] as a result of acting upon-
(a)a certificate given in pursuance of paragraph 2 (certificate of title on first registration),
(b)a statement made in pursuance of paragraph 7 (statements required on disposal on which right to buy ceases to be preserved), or
(c)a certificate given in pursuance of paragraph 8 (certificate that dwelling-house has ceased to be subject to rights under this Part),
the person who gave the certificate or made the statement shall indemnify him.]
Textual Amendments
F1Sch. 9A inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 8(2), Sch. 2
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