Housing Act 1985

567 Modifications of this Part in relation to shared ownership leases.E+W

[F1(1)If it appears to a local housing authority that the interest of a person eligible for assistance in respect of a defective dwelling in their area is—

(a)a shared ownership lease, or

(b)the freehold acquired under the terms of a shared ownership lease,

the authority shall prepare and submit to the Secretary of State a scheme providing for the provisions of this Part to have effect, in their application to such a case, subject to such modifications as may be specified in the scheme.

(2)A scheme under subsection (1) above shall not have effect unless approved by the Secretary of State; and any such approval may be made conditional upon compliance with requirements specified by him.]

(4)In this section “shared ownership lease” means—

(a)a shared ownership lease granted in pursuance of Part V (the right to buy),

(b)a lease of a dwelling-house granted otherwise than in pursuance of that Part which contains provision to the like effect as that required by paragraphs 1 and 2 of Schedule 8 (terms of shared ownership lease: right to acquired additional shares and to acquire freehold),

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 or

(d)a lease determined, or of a class [F3or description] determined, by the Secretary of State to be a shared ownership lease.

(5)The fact that a lease becomes a shared ownership lease by virtue of . . . F4 a determination under subsection (4)(d) does not affect the operation of the provisions of this Part in relation to a case where an application for assistance under this Part has previously been made.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5