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Version Superseded: 24/09/1996
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(1)A person to whom this section applies has the preserved right to buy so long as he occupies the relevant dwelling-house as his only or principal home, subject to the following provisions of this Part.
(2)References in this Part to a “qualifying person” and “qualifying dwelling-house”, in relation to the preserved right to buy, are to a person who has that right and to a dwelling-house in relation to which a person has that right.
(3)The following are the persons to whom this section applies—
(a)the former secure tenant, or in the case of a joint tenancy, each of them;
(b)a qualifying successor as defined in subsection (4); and
(c)a person to whom a tenancy of a dwelling-house is granted jointly with a person who has the preserved right to buy in relation to that dwelling-house.
(4)The following are qualifying successors for this purpose—
[F2(a)where the former secure tenancy was not a joint tenancy and, immediately before his death, the former secure tenant was tenant under an assured tenancy of a dwelling-house in relation to which he had the preserved right to buy, a member of the former secure tenant’s family who acquired that assured tenancy under the will or intestacy of the former secure tenant;
(aa)where the former secure tenancy was not a joint tenancy, a member of the former secure tenant’s family to whom the former secure tenant assigned his assured tenancy of a dwelling-house in relation to which, immediately before the assignment, he had the preserved right to buy]
(b)a person who becomes the tenant of a dwelling-house in pursuance of—
(i)a property adjustment order under section 24 of the Matrimonial Causes Act 1973, or
(ii)an order under Schedule 1 to the Matrimonial Homes Act 1983 transferring the tenancy,
in place of a person who had the preserved right to buy in relation to that dwelling-house.
(5)The relevant dwelling-house is in the first instance—
(a)in relation to a person within paragraph(a) subsection (3), the dwelling-house which was the subject of the qualifying disposal;
(b)in relation to a person within paragraph (b) of that subsection, the dwelling-house of which he became the statutory tenant or tenant as mentioned in subsection (4)(a) or (b);
(c)in relation to a person within paragraph (c) of subsection (3), the dwelling-house of which he became a joint tenant as mentioned in that paragraph.
(6)If a person having the preserved right to buy becomes the tenant of another dwelling-house in place of the relevant dwelling-house (whether the new dwelling-house is entirely different or partly or substantially the same as the previous dwelling-house) and the landlord is the same person as the landlord of the previous dwelling-house or, where that landlord was a company, is a connected company, the new dwelling-house becomes the relevant dwelling-house for the purposes of the preserved right to buy.
For this purpose “connected company” means a subsidiary or holding company within the meaning of section 736 of the Companies Act 1985.]
Textual Amendments
F2S. 171B(4)(a)(aa) substituted for S. 171B(4)(a) by Housing Act 1988 (c. 50, SIF 61), s. 127(1)
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