http://www.legislation.gov.uk/id/uksi/1997/619/schedule/5

http://www.legislation.gov.uk/uksi/1997/619/schedule/5/paragraph/12/made

The Housing (Right to Acquire) Regulations 1997

Council tenancies

Right to buy your home

Assured tenancies

King's Printer of Acts of Parliament

2013-07-10

HOUSING, ENGLAND AND WALES

These Regulations modify Part V of the Housing Act 1985 (the right to buy) for cases where a tenant has the right to acquire the dwelling-house under section 16 of the Housing Act 1996. Schedule 1 specifies the modifications and Schedule 2 sets out Part V of the 1985 Act as so modified. In particular, the Regulations—exclude the right to buy on rent to mortgage terms and the preserved right to buy;remove the exceptions to the right to buy in paragraphs 1, 3 and 11 of Schedule 5 to the 1985 Act (charities; certain housing associations; certain dwelling-houses for the elderly;add exceptions to the right to acquire in paragraphs 1A, 9A and 13 of Schedule 5 (dwelling-houses in designated rural areas; dwelling-house for persons with special needs; dwelling-houses charged with debts equal to or greater than the purchase price plus discount);provide for the tenant to acquire the dwelling-house at a discount as specified in an order made by the Secretary of State under section 17 of the Housing Act 1996;disapply the restrictions on the disposals in National Parks etc. in sections 157 and 158 of the 1985 Act and the powers of the Secretary of State to intevene etc. under sections 164 to 170 of that Act; andadd provisions in paragraphs 22 and 23 of Schedule 6 on the discharge or release of charges on the landlord’s interest in the dwelling-house.

The Housing (Right to Acquire) Regulations 1997

Sch 2

para. 122A

122B

The Housing (Wales) Measure 2011 (Consequential Amendments to Subordinate Legislation) Order 2012

Gorchymyn Mesur Tai (Cymru) 2011 (Diwygiadau Canlyniadol i Is-ddeddfwriaeth) 2012

Sch.

para. 3(4)

art. 1(2)

The Housing (Right to Acquire) Regulations 1997

Sch 2

para. 124(3)

The Housing (Wales) Measure 2011 (Consequential Amendments to Subordinate Legislation) Order 2012

Gorchymyn Mesur Tai (Cymru) 2011 (Diwygiadau Canlyniadol i Is-ddeddfwriaeth) 2012

Sch.

para. 3(5)(b)

art. 1(2)

The Housing (Right to Acquire) Regulations 1997

Sch. 2

para. 121(2)(za)

The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016

Sch. 2

para. 7

reg. 1

SCHEDULE 5EXCEPTIONS TO THE RIGHT TO ACQUIRE

Dwelling-houses held on Crown tenancies

12

1

The right to acquire does not arise if the dwelling-house is held by the landlord on a tenancy from the Crown, unless—

a

the landlord is entitled to grant a lease in pursuance of this Part without the concurrence of the appropriate authority, or

b

the appropriate authority notifies the landlord that as regards any Crown interest affected the authority will give its consent to the granting of such a lease.

2

In this paragraph “tenancy from the Crown” means a tenancy of land in which there is a Crown interest superior to the tenancy, and “Crown interest” and “appropriate authority” mean respectively—

a

an interest comprised in the Crown Estate, and the Crown Estate Commissioners or other government department having the management of the land in question;

b

an interest belonging to Her Majesty in right of the Duchy of Lancaster, and the Chancellor of the Duchy;

c

an interest belonging to the Duchy of Cornwall, and such person as the Duke of Cornwall or the possessor for the time being of the Duchy appoints;

d

any other interest belonging to a government department or held on behalf of Her Majesty for the purposes of a government department, and that department.

3

Section 179(1) (which renders ineffective certain provisions restricting the grant of leases under this Part) shall be disregarded for the purposes of sub-paragraph (1)(a).