C2Part I Social rented sector
Chapter II Disposal of land and related matters
Control by F3Relevant Authority of land transactions
Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
C113 Restriction on disposal of houses in National Parks, &c.
1
On the disposal by a registered social landlord, in accordance with a consent given by the F1Relevant Authority under section 9, of a house situated in—
a
a National Park,
b
an area designated under F2section 82 of the Countryside and Rights of Way Act 2000 as an area of outstanding natural beauty, or
c
an area designated as a rural area by order under section 157 of the M1Housing Act 1985,
the conveyance, grant or assignment may (unless it contains a condition of a kind mentioned in section 33(2)(b) or (c) of the Housing Act 1985 (right of pre-emption or restriction on assignment)) contain a covenant to the following effect limiting the freedom of the purchaser (including any successor in title of his and any person deriving title under him or such a successor) to dispose of the house.
2
The limitation is that until such time (if any) as may be notified in writing by the registered social landlord to the purchaser or a successor in title of his, there will be no relevant disposal which is not an exempted disposal without the written consent of the landlord.
3
That consent shall not be withheld if the person to whom the disposal is made (or, if it is made to more than one person, at least one of them) has, throughout the period of three years immediately preceding the application for consent—
a
had his place of work in a region designated by order under section 157(3) of the Housing Act 1985 which, or part of which, is comprised in the National Park or area concerned, or
b
had his only or principal home in such a region,
or if he has had the one in part or parts of that period and the other in the remainder.
The region need not have been the same throughout the period.
4
A disposal in breach of such a covenant as is mentioned above is void.
5
The limitation imposed by such a covenant is a local land charge and, if the land is registered under the M2Land Registration Act 1925, the Chief Land Registrar shall enter the appropriate restriction on the register of title as if an application to that effect had been made under section 58 of that Act.
6
In this section “purchaser” means the person acquiring the interest disposed of by the first disposal.
7
Where there is a relevant disposal which is an exempted disposal by virtue of section 15(4)(d) or (e) (compulsory disposal or disposal of yard, garden, &c.), any such covenant as is mentioned in this section ceases to apply in relation to the property disposed of.
Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3