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)

C7Pt. V amendment to earlier affecting provision S.I. 1997/619, reg. 2, Schs. 1, 2 (3.9.2012) by The Housing (Wales) Measure 2011 (Consequential Amendments to Subordinate Legislation) Order 2012 (S.I. 2012/2090), art. 1(2), Sch. para. 3

C9Pt. V amendment to earlier affecting provision S.I. 1993/2241, Schs. 1, 2 (W.) (3.9.2012) by The Housing (Wales) Measure 2011 (Consequential Amendments to Subordinate Legislation) Order 2012 (S.I. 2012/2090), art. 1(2), Sch. para. 1

C10Pt. V amendment to earlier affecting provision S.I. 1986/2092, Sch. 1 Pt. 1 para. 42(a) (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 30 (with arts. 4-6)

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

Textual Amendments

[F2 171D Subsequent dealings: disposal of landlord’s interest in qualifying dwelling-house.E+W

(1)The disposal by the landlord of an interest in the qualifying dwelling-house, whether his whole interest or a lesser interest, does not affect the preserved right to buy, unless—

(a)as a result of the disposal an authority or body within section 80(1) (the landlord condition for secure tenancies) becomes the landlord of the qualifying person or persons, or

(b)paragraph 6 of Schedule 9A applies (effect of failure to register entry protecting preserved right to buy),

in which case the right to buy ceases to be preserved.

(2)The disposal by the landlord of a qualifying dwelling-house of less than his whole interest as landlord of the dwelling-house, or in part of it, requires the consent of the [F3appropriate authority], unless the disposal is to the qualifying person or persons.

[F4(2A) “ The appropriate authority ” means—

(a)in relation to a disposal of land in England by a [F5private registered provider] of social housing, the Regulator of Social Housing,

(b)in relation to any other disposal of land in England, the Secretary of State, and

(c)in relation to a disposal of land in Wales, the Welsh Ministers.]

(3)Consent may be given in relation to a particular disposal or generally in relation to disposals of a particular description and may, in either case, be given subject to conditions.

(4)A disposal made without the consent required by subsection (2) is void, except in a case where, by reason of a failure to make the entries on the land register or land charges register required by Schedule 9A, the preserved right to buy does not bind the person to whom the disposal is made.]

Textual Amendments

F3Words in s. 171D(2) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 191(1)(a), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C11S. 171D: transfer of functions (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 190(a), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

C12S. 171D: transfer of functions (prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 190(a), 325