The Housing (Preservation of Right to Buy) Regulations 1989

49.  In Schedule 6 (conveyance of freehold and grant of lease in pursuance of right to buy)–

(a) in Part I (common provisions)–

(i) in paragraphs 2(2)(a) and (b), for the words “the secure tenancy” substitute the words “his tenancy”,

(ii) in paragraph 4, for the words “the secure tenancy” substitute the words “the qualifying person’s tenancy”,

(iii) in paragraph 6, for the word “tenant” substitute the words “transferee or grantee”, and

(iv) in paragraph 7, in the definition of “tenant’s incumbrance”, in sub-paragraph (a) for the words “the secure tenancy” substitute the words “the qualifying person’s tenancy” and in sub-paragraph (b), for the words “the secure tenancy” substitute the words “that tenancy”;

(b) in Part III (leases)–

(i) in paragraph 12 omit sub-paragraph (3),

(ii) in paragraph 13 for the words “the secure tenancy” substitute the words “his tenancy” and

(iii) omit paragraph 16D and add the following paragraphs–

“Inflation allowances

16E.   The inflation allowance for the purposes of paragraphs 16B(2) and 16C(3) shall be calculated, in respect of each item, by the formula–

where–

C

=

the index figure relating to the last date in the initial period on which costs were incurred in respect of the item (whether or not such costs were the full costs incurred in respect of that item),

E

=

the amount shown in the estimates contained in the notice under section 125 (landlord’s notice of purchase price etc.) as the tenant’s estimated contribution in respect of that item,

I

=

the inflation allowance,

P

=

the index figure relating to the date on which the landlord served the notice on the qualifying person, and

the “index figure” is an index figure in the “Public sector housing repair and maintenance cost index” in the “Housing andConstruction Statistics” published from time to time by Her Majesty’s Stationery Office, but does not include a provisional index figure.

16F.— (1) The inflation allowance for the purposes of paragraph 16B(3)(a) shall be calculated by the formula–

(2) The inflation allowance for the purposes of paragraph 16B(3)(b) shall be calculated by the formula–

(3) In this paragraph–

A

=

the amount shown in the estimates contained in the notice under section 125 (landlord’s notice of purchase price etc.) as the estimated annual average amount,

C

=

the index figure relating to the date on which the tenant is required to pay the relevant charge for which the inflation allowance is being calculated, or, if earlier, the date the initial period ends,

I

=

the inflation allowance,

P

=

the index figure relating to the date on which the landlord served the notice on the qualifying person, and

(ii) “Index figure” means an index figure in the “Public sector housing repair and maintenance cost index” in the “Housing and Construction Statistics” published from time to time by Her Majesty’s Stationery Office, but does not include a provisional index figure.

Information for tenants

16G.— (1) The information which must be given to a tenant when he is asked to pay a relevant charge in respect of works itemised in the estimates is–

(a) a description of the works to which the relevant charge relates, together with an identification of the item in the estimates contained in the notice under section 125 (landlord’s notice of purchase price etc.) to which the works relate,

(b) whether or not further costs will be incurred in respect of which item in the initial period; and, if not, the last date in the initial period on which costs were incurred in respect of the item (whether or not further costs will be incurred after the end of the initial period),

(c) the amount of any payment made by a predecessor in title of the tenant in respect of such item, and

(d) an explanation in simple terms of the provisions of paragraphs 16B to 16E, to the extent that they are relevant.

(2) In this paragraph “relevant charge” means a service charge or an improvement contribution to which the provisions of paragraph 16B or 16C are or may be relevant.

16H.— (1) The information which must be given to a tenant when he is asked to pay a relevant charge in respect of works not itemised in the estimates contained in the notice under section 125 (landlord’s notice of purchase price etc.) is–

(a) a description of the works or that part of the works to which the relevant charge relates,

(b) the extent to which costs were incurred in respect of such works or part of the works in–

(i) any part of the initial period falling within the reference period, and

(ii) any part of the initial period not falling within the reference period,

(c) the amount of any payment made by a predecessor in title of the tenant which is relevant in relation to such works, and

(d) an explanation in simple terms of the provisions of paragraph 16B and paragraphs 16E and 16F, to the extent that they are relevant.

(2) In this paragraph “relevant charge” means a service charge or an improvement contribution to which the provisions of paragraph 16B or 16C are or may be relevant.”.