(1)In paragraph 10(1) (groups of dwelling-houses for persons of pensionable age) of Schedule 5 to the 1985 Act (exceptions to the right to buy)—
(a)for the words “persons of pensionable age”, in the first place where they occur, there shall be substituted the words “ elderly persons ”; and
(b)for those words, in the second place where they occur, there shall be substituted the words “ persons aged 60 or more ”.
(2)For paragraph 11 (individual dwelling-houses for persons of pensionable age) of that Schedule there shall be substituted the following paragraph—
“11(1)The right to buy does not arise if the dwelling-house—
(a)is particularly suitable, having regard to its location, size, design, heating system and other features, for occupation by elderly persons, and
(b)was let to the tenant or a predecessor in title of his for occupation by a person who was aged 60 or more (whether the tenant or predecessor or another person).
(2)In determining whether a dwelling is particularly suitable, no regard shall be had to the presence of any feature provided by the tenant or a predecessor in title of his.
(3)Notwithstanding anything in section 181 (jurisdiction of county court), any question arising under this paragraph shall be determined as follows.
(4)If an application for the purpose is made by the tenant to the Secretary of State before the end of the period of 56 days beginning with the service of the landlord’s notice under section 124, the question shall be determined by the Secretary of State.
(5)If no such application is so made, the question shall be deemed to have been determined in favour of the landlord.
(6)This paragraph does not apply unless the dwelling-house concerned was first let before 1st January 1990.”
(3)Subsections (1) and (2) do not apply in any case where the tenant’s notice claiming to exercise the right to buy was served before the day on which this section comes into force.
(4)For the purposes of subsection (3), no account shall be taken of any steps taken under section 177 of the 1985 Act (amendment or withdrawal and re-service of notice to correct mistakes).
Commencement Information
I1S. 106 wholly in force at 11.10.1993 (subject to the transitional provisions and savings in Sch. 1 to S.I. 1993/2134) see s. 188(2) and S.I. 1993/2134, art. 4(b)