12 Priority of charge for repayment of discount.E+W
(1)The charge taking effect by virtue of [F1 section 11B ] (charge for repayment of discount) has priority immediately after any legal charge securing an amount—
(a)left outstanding by the purchaser, or
(b)advanced to him by an approved lending institution for the purpose of enabling him to acquire the interest disposed of on the first disposal,
subject to the following provisions.
(2)An advance which is made for a purpose other than that mentioned in subsection (1)(b) and which is secured by a legal charge having priority to the charge taking effect by virtue of [F1 section 11B ] , and any further advance which is so secured, shall rank in priority to that charge if, and only if, the registered social landlord by notice served on the institution concerned gives consent.
The landlord shall give consent if the purpose of the advance or further advance is an approved purpose.
(3)The registered social landlord may at any time by notice served on an approved lending institution postpone the charge taking effect by virtue of [F1 section 11B ] to an advance or further advance which—
(a)is made to the purchaser by that institution, and
(b)is secured by a legal charge not having priority to that charge;
and the landlord shall serve such a notice if the purpose of the advance or further advance is an approved purpose.
(4)The covenant required by [F1 section 11B ] does not, by virtue of its binding successors in title of the purchaser, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of that section, or a person deriving title under him.
A provision of the conveyance, grant or assignment, or of a collateral agreement, is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with that covenant.
(5)In this section “approved lending institution” means—
(a)a building society, bank, insurance company or friendly society,
(b)[F2the Welsh Ministers], or
[F3(c)an authorised mortgage lender (within the meaning of the Housing Act 1985 (see section 622 of that Act)).]
(6)The following are “approved purposes” for the purposes of this section—
(a)to enable the purchaser to defray, or to defray on his behalf, any of the following—
(i)the cost of any works to the house,
(ii)any service charge payable in respect of the house for works, whether or not to the house, and
(iii)any service charge or other amount payable in respect of the house for insurance, whether or not of the house, and
(b)to enable the purchaser to discharge, or to discharge on his behalf, any of the following—
(i)so much as is still outstanding of any advance or further advance which ranks in priority to the charge taking effect by virtue of [F1 section 11B ] ,
(ii)any arrears of interest on such an advance or further advance, and
(iii)any costs and expenses incurred in enforcing payment of any such interest, or repayment (in whole or in part) of any such advance or further advance.
In this subsection “service charge” has the meaning given by section 621A of the Housing Act 1985.
(7)Where different parts of an advance or further advance are made for different purposes, each of those parts shall be regarded as a separate advance or further advance for the purposes of this section.
Textual Amendments
F1Words in s. 12 substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 199(2), 270(3)(a) (with s. 199(3))
F2Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)
F3S. 12(5)(c) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 307(7), 325(2)(a)
Modifications etc. (not altering text)
C1Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)
C2S. 12 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. paras. 1, 11
C3Ss. 11-12 applied (with modifications) (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 179, 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)