Housing and Planning Act 1986

1 Exception to the right to buy with respect to dwelling-houses for persons of pensionable age

In Schedule 5 to the [1985 c. 68.] Housing Act 1985 (exceptions to the right to buy: certain dwelling-houses for persons of pensionable age), there shall be substituted for paragraph 11—

“11 (1) The right to buy does not arise if the dwelling-house—

(a) is particularly suitable for occupation by persons of pensionable age, having regard—

(i) to its location, and

(ii) to its size, design, heating system and other major features so far as those have been provided by the landlord, a predecessor of the tenant or a person qualified to succeed the tenant by virtue of Part IV of the Housing Act 1985,

(b) was let to the tenant or a predecessor in title of his for occupation by a person of pensionable age or a physically disabled person (whether the tenant or predecessor or another person).

(2) In determining whether a dwelling is particularly suitable, regard shall be had as to whether the dwelling—

(a) is easily accessible on foot;

(b) is on one level;

(c) being a flat located above ground floor, access by lift is available;

(d) has no more than two bedrooms ;

(e) has a heating system serving the living room and at least one bedroom.”.