Extent of preserved right: qualifying persons and dwelling-houses4
1
A person to whom this article applies has the preserved right to buy so long as the occupies the relevant dwelling-house as his only or principal home, subject to the following provisions of this order.
2
Unless otherwise expressly provided, references in this order to a qualifying person and qualifying dwelling-house, in relation to the preserved right to buy, are to a person who has that right and to a dwelling-house in relation to which a person has that right.
3
The following are the persons to whom this article applies—
a
the former secure tenant, or in the case of a joint tenancy, each of them;
b
a qualifying successor as defined in paragraph (4);
c
a person to whom a tenancy of a dwelling-house is granted jointly with a person who has the preserved right to buy in relation to that dwelling-house.
4
The following are qualifying successors for this purpose—
a
where the former secure tenancy was not a joint tenancy, a person who, on the death of the former secure tenant, becomes by virtue of paragraph 2 or 3 of Part I of Schedule 1 to the Rent Act 1977 (surviving spouse or member of deceased tenant's family) the statutory tenant of a dwelling-house in relation to which the former secure tenant had the preserved right to buy immediately before his death;
b
a person who becomes the tenant of a dwelling-house in pursuance of—
i
a property adjustment order under section 24 of the Matrimonial Causes Act 1973, or
ii
an order under Schedule 1 to the Matrimonial Homes Act 1983 transferring the tenancy,
in place of a person who had the preserved right to buy in relation to that dwelling-house.
5
The relevant dwelling-house is in the first instance—
a
in relation to a person within article 4(3)(a), the dwelling-house which was the subject of the qualifying disposal;
b
in relation to a person within article 4(3)(b), the dwelling-house of which he became the statutory tenant or tenant as mentioned in paragraph (4)(a) or (b) of that article;
c
in relation to a person within article 4(3)(c), the dwelling-house of which he became a joint tenant as mentioned in that paragraph.