Part I Social rented sector
Chapter II Disposal of land and related matters
Right of tenant to acquire dwelling
16 Right of tenant to acquire dwelling.
(1)
A tenant of a registered social landlord has the right to acquire the dwelling of which he is a tenant if—
(a)
he is a tenant under an assured tenancy, other than an assured shorthold tenancy or a long tenancy, or under a secure tenancy,
(b)
the dwelling was provided with public money and has remained in the social rented sector, and
(c)
he satisfies any further qualifying conditions applicable under Part V of the M1Housing Act 1985 (the right to buy) as it applies in relation to the right conferred by this section.
(2)
For this purpose a dwelling shall be regarded as provided with public money if—
(a)
it was provided or acquired wholly or in part by means of a grant under section 18 (social housing grant),
(b)
it was provided or acquired wholly or in part by applying or appropriating sums standing in the disposal proceeds fund of a registered social landlord (see section 25), or
(c)
it was acquired by a registered social landlord after the commencement of this paragraph on a disposal by a public sector landlord at a time when it was capable of being let as a separate dwelling.
(3)
A dwelling shall be regarded for the purposes of this section as having remained within the social rented sector if, since it was so provided or acquired—
(a)
the person holding the freehold interest in the dwelling has been either a registered social landlord or a public sector landlord; and
(b)
any person holding an interest as lessee (otherwise than as mortgagee) in the dwelling has been—
(i)
an individual holding otherwise than under a long tenancy; or
(ii)
a registered social landlord or a public sector landlord.
(4)
A dwelling shall be regarded for the purposes of this section as provided by means of a grant under section 18 (social housing grant) if, and only if, the Corporation when making the grant notified the recipient that the dwelling was to be so regarded.
The Corporation shall before making the grant inform the applicant that it proposes to give such a notice and allow him an opportunity to withdraw his application within a specified time.