The Housing (Preservation of Right to Buy) Regulations 1989

11.—(1) The right to buy does not arise if the dwelling-house–

(a) is particularly suitable for occupation by persons of pensionable age, having regard–

(i) to its location, and

(ii) to its size, design, heating system and other major features so far as those have been provided by the landlord, a previous tenant or a person qualified to succeed the tenant under section 17 of the Housing Act 1988[1988 c. 50.] (succession to assured periodic tenancy by spouse),

(b) was let to the qualifying person or a predecessor in title of his for occupation by a person of pensionable age or a physically disabled person (whether the qualifying person or predecessor or another person).

(2) In determing whether a dwelling is particularly suitable, regard shall be had as to whether the dwelling–

(a) is easily accessible on foot;

(b) is on one level;

(c) being a flat located above ground floor, access by lift is available;

(d) has no more than two bedrooms;

(e) has a heating system serving the living room and at least one bedroom.