Housing Act 1985

184 Land let with or used for purposes of dwelling-house. E+W

(1) For the purpose of this Part land let together with a dwelling-house shall be treated as part of the dwelling-house, unless the land is agricultural land (within the meaning set out in section 26(3)(a) of the M1 General Rate Act 1967) exceeding two acres.

(2) There shall be treated as included in a dwelling-house any land which is not within subsection (1) but is or has been used for the purpose of the dwelling-house if—

(a) the tenant, by a written notice served on the landlord at any time before he exercises the right to buy or the [F1 right to acquire on rent to mortgage terms], requires the land to be included in the dwelling-house, and

(b) it is reasonable in all the circumstances for the land to be so included.

(3) A notice under subsection (2) may be withdrawn by a written notice served on the landlord at any time before the tenant exercises the right to buy or the [F1 right to acquire on rent to mortgage terms].

(4) Where a notice under subsection (2) is served or withdrawn after the service of the notice under section 125 (landlord’s notice of purchase price, etc.), the parties shall, as soon as practicable after the service or withdrawal, take all such steps (whether by way of amending, withdrawing or re-serving any notice or extending any period or otherwise) as may be requisite for the purpose of securing that all parties are, as nearly as may be, in the same position as they would have been in if the notice under subsection (2) had been served or withdrawn before the service of the notice under section 125.

Textual Amendments

F1 Words in s. 184(2)(3) substituted (11.10.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 24; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch, 1 para. 4(1)).

Marginal Citations

M1 1967 c. 9.