PART VE+W THE RIGHT TO BUY

Modifications etc. (not altering text)

C3Pt. V (ss. 118-188) applied (with modifications) (11.10.1993) by S.I. 1993/2240, art. 3, Sch. (as amended (W.) (3.9.2012) by S.I. 2012/2090, art. 1(2), Sch. para. 2)

Pt. V (ss. 118-188) modified (11.10.1993) by S.I. 1993/2241, regs.2, 3, Schs. 1-4 (as amended (W.) (3.9.2012) by S.I. 2012/2090, art. 1(2), Sch. para. 1).

Pt. V (ss. 118-188) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)

Pt. V (ss. 118-188): power to modify conferred (1.8.1996) by 1996 c. 52, s. 17(2)(3) (with s. 54(1)); S.I. 1996/2048, art. 2(1)

C4Pt. V (ss. 118-188) applied (1.8.1996) by 1996 c. 52, s. 17(2)(3) (with s. 54(1)); S.I. 1996/2048, art. 2(1)

C5Pt. V (ss. 118-188) restricted (4.2.1997) by 1996 c. 52, s. 130(4); S.I. 1997/66, art. 2 (subject to savings in Sch.)

C6Pt. V modified (1.4.1997) by S.I. 1997/619, regs. 1, 2, Schs. 1, 2 (as amended (W.) (3.9.2012) by S.I. 2012/2090, art. 1(2), Sch. para. 3)

[F1 Preservation of right to buy on disposal to private sector landlord]E+W

Textual Amendments

[F2171B Extent of preserved right: qualifying persons and dwelling-houses.E+W

(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—

[F3(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 [F4or in whom that assured tenancy vested under section 17 of the Housing Act 1988 (statutory succession to assured tenancy)];

(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 [F5or Schedule 7 to the Family Law Act 1996] transferring the tenancy, [F6or]

[F6(iii)a property adjustment order under section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), or

(iv)an order under paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents),]

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 [F7subsection (4)];

(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

F6S. 171B(4)(b)(iii)(iv) and word preceding it inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 16; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)