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Housing Act 1985

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This is the original version (as it was originally enacted).

151Terms and effect of grant and mortgage.

(1)A grant of a shared ownership lease in pursuance of this Part shall conform—

(a)with Schedule 8 (terms of shared ownership lease), and

(b)subject to that, with Parts I and III of Schedule 6 (terms of lease granted in pursuance of right to buy);

and part IV of Schedule 6 (charges) applies to a shared ownership lease as it applies to a lease granted in pursuance of the right to buy.

(2)The secure tenancy comes to an end on the grant of the shared ownership lease, and if there is then a sub-tenancy section 139 of the [1925 c. 20.] Law of Property Act 1925 (effect of extinguishment of reversion) applies as on a merger or surrender.

(3)Where the transaction is duly completed the sum of £100 deposited by the tenant with the landlord in pursuance of section 142 (deferment of completion) shall be treated as having been paid towards the tenant’s initial contribution.

(4)A deed by which a mortgage is effected where the tenant exercises both the right to a mortgage and the right to be granted a shared ownership lease shall, unless otherwise agreed between the parties, conform with—

(a)Schedule 7 (terms of mortgage granted in pursuance of right to a mortgage), and

(b)without prejudice to that, with Schedule 9 (right to further advances).

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