. Provision of shops, recreation grounds, etc. Provisions for protection or assistance of owners. (1) A certificate of the appropriate local housing authority that... Part V Approval of Redevelopment Schemes for Purposes of Ground 10A. . Authority to consider guidance given by Secretary of State in deciding whether to take action under Section 189, Section 264, Section 265 or Section 289. . 2017/75, reg. . . Extent of preserved right: qualifying persons and dwelling-houses. . Assistance for provision of separate service pipe for water supply. . . (1)Where the right to buy is preserved, the provisions of this Part have effect subject to such exceptions, adaptations and other modifications as may be prescribed by regulations made by the Secretary of State. . The Common Council of the City of London. Housing association tenants Ex-council homes (Preserved Right to Buy) Most housing association tenants do not have the Right to Buy. Reduction of discount where previous discount given. . Revised legislation carried on this site may not be fully up to date. Disposal after notice claiming to exercise right to buy, etc. Closing orders: recovery of possession of house. . . 1.3 Assured tenants of housing associations: a preserved Right to Buy 3 2 Prospects for change 3 3 Assured tenants: Right to Acquire 5 4 Social HomeBuy 6 1 Eligibility for the Right to Buy 1.1 Secure tenants of housing associations Council tenants are generally secure tenants, the vast majority of whom have the Right to Buy the home in which they live at a discount. an order under Part 2 of Schedule 5, or a property adjustment order under paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, The relevant dwelling-house is in the first instance—, in relation to a person within paragraph (. ) Forms of assistance and qualifying conditions. 335. . 2, 4(b), Sch. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. Contributions under superseded enactments. . Rent not to be increased on account of tenant’s improvements. . 26(1)(a), F8Words in s. 171B(4)(b)(ii) inserted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. . 607. (1) The expenses are recoverable by the authority. Compensation payable to dispossessed proprietor. . 156. . Exclusion of Restrictive Trade Practices Act: agreements as to loans on security of new houses. . Steps to be taken after declaration. . Compliance with minimum standards in erection of houses. . 4. Vesting of house in authority entitled to exercise power of sale. 4. s.118 Housing Act 1985. Land Registration and Related Matters where Right to Buy Preserved, 3. . 81, 263(2), Sch. all parties shall, subject to subsection (2), be in the same position as if the disponee had become the landlord before the notice was given and had been given that notice and any further notice given by the tenant to the landlord and had taken all steps which the landlord had taken. Application to certain housing association tenancies. Index of defined expressions: Part V. 189. 5), F5S. . . Power of court to authorise owner to demolish premises on default of another owner. 66. . . (1) For the purposes of this Schedule an “ initial... Period of validity of initial demolition notice. . . Provisions with respect to registration. Grants payable to owners by local housing authority. 2, 4(b), Sch. 3.2 The Housing Act included measures to prevent a tenant from completing a Right to Buy sale if an application is pending a demotion order, suspension order or a possession order sought on the grounds of anti-social behaviour. . Sign in to your account. . . 5A. . The Whole Act you have selected contains over 200 provisions and might take some time to download. . As such, while interpretation is always a matter for the courts to decide, the Part V provisions, as modified for the RTA, should be read in conjunction with the modifications made in relation to the right to buy.) . 104. Functions of Secretary of State with respect to declaration of housing action area. If you have the Pr… 22; S.I. 200 provisions and might take some time to download. . 139. 171B.Extent of preserved right: qualifying persons and dwelling-houses. You You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. A Right to Buy (RTB) lease under the Housing Act 1985 (the Act) will look like most other leases and will contain covenants and rights granted to the leaseholder. Property belonging to the local housing authority. . 3. . . . Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. 529. . Condition as to residence may be dispensed with or suspended. Subsequent dealings: transfer of qualifying person to alternative accommodation. . ), C2S. Meaning of “lease” and “tenancy” and related expressions. 400. . CrossRef A general overview on living in leasehold flats is contained in our on line advice guide of the same name. ... have preserved Right to Buy, (where a local authority had transferred the ownership of its housing stock) from their Registered Provider. The following are qualifying successors for this purpose—, where the former secure tenancy was not a joint tenancy and, immediately before his death, the former secure tenant was tenant under an assured tenancy of a dwelling-house in relation to which he had the preserved right to buy, a member of the former secure tenant’s family who acquired that assured tenancy under the will or intestacy of the former secure tenant, or in whom that assured tenancy vested under section 17 of the Housing Act 1988 (statutory succession to assured tenancy), where the former secure tenancy was not a joint tenancy, a member of the former secure tenant’s family to whom the former secure tenant assigned his assured tenancy of a dwelling-house in relation to which, immediately before the assignment, he had the preserved right to buy, a person who becomes the tenant of a dwelling-house in pursuance of—, a property adjustment order undersection 23A or 24 of the Matrimonial Causes Act 1973, or, an order under Schedule 1 to the Matrimonial Homes Act 1983, a property adjustment order under section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), or. . This date is our basedate. Change of secure tenant after notice claiming right to buy. . . 168. (This amendment not applied to legislation.gov.uk. . . 2 (with saving in Sch. Continuance of tenancies of housees compulsorily acquired and to be used for housing purposes. Conditions for assistance by way of reinstatement grant. If you sell the home you bought from the council under the Right to Buy within the first 5 years, you will have to pay the council a percentage of the re-sale value of your home (less the value of any improvements you have made to your home). . . People can turn to the Canadian Human Rights Act to protect themselves against harassment or discrimination when based on one or more of ... on April 17, 1985, to give governments time to bring their laws in line with the section. This could be due to their design or construction and the value of the property will have been reduced due to the fact that the defects have become known. . 374. . 450C. . Right to Buy – verifying previous periods of public sector tenancy This guide is intended for use by landlords of social tenants who are entitled to buy their properties under the Right to Buy (or Preserved Right to Buy). Recovery of expenses of notice under s.352. The first date in the timeline will usually be the earliest date when the provision came into force. Proceedings for possession or termination: general notice requirements. Agreements with housing co-operatives under superseded provisions. 390. 2004/2557, art. . (1) A local authority may make an offer in writing... Part III Contributions for Improvement of Dwellings by Housing Authorities, (s. 9 of the Housing (Financial Provisions) Act 1958; s. 13 of the House Purchase and Housing Act 1959). Compensation payable to dispossessed proprietor. . . Building becoming listed when acquired by agreement for clearance. . 171B(4)(b)(v) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. . of no effect. . Extent of preserved right: qualifying persons and dwelling-houses. Closing orders: substitution of demolition order. 109. . See how this legislation has or could change over time. 254. . If a person having the preserved right to buy becomes the tenant of another dwelling-house. Right excluded if minimum initial payment exceeds maximum initial payment. . . 315. (2)The disposal by the landlord of a qualifying dwelling-house of less than his whole interest as landlord of the dwelling-house, or in part of it, requires the consent of the [F21Secretary of State], unless the disposal is to the qualifying person or persons. Power to require information where notice in force. . 171A. Provision of board and laundry facilities. Repurchase by authority other than local housing authority. Changes of ownership or occupation of land to be notified to local housing authority. (2)In the following provisions of this Part—. . . (1) Where transitional town development subsidy is payable, the sending... Communication of subsidy and payments to receiving authority. . . 183. . 171H. PART II PROVISION OF HOUSING ACCOMMODATION, Main powers and duties of local housing authorities. . Subsequent dealings: disposal of landlord’s interest in qualifying dwelling-house. . Information to be contained in rent book. . Extended discretion of court in certain proceedings for possession. 11. The governing legislation is the Housing Act 1985 (as amended) and associated regulations. The disapplication by the regulations of paragraph 1 of Schedule 5 shall not be taken to authorise any action on the part of a charity which would conflict with the trusts of the charity. . 4(1)). (1) Subject to sub-paragraph (2), contributions by the Secretary of... (s. 9 of the Housing Finance Act 1972; s. 5 of the Housing Rents and Subsidies Act 1975). Extinguishment of other rights over land acquired. 171B. . . Meaning of “lease” and “tenancy” and related expressions. . . Notice of landlord’s share and initial discount. 205.. . 523. . . . Completion of purchase in pursuance of right to buy. . 14. . Revocation or variation of direction under s. 354. Landlord’s notice admitting or denying right. 435. . 63, 65 and 68. . . . 1, 3(n)(ii) (with reg. Power to apply for orders extinguishing right to use vehicles on highway. Dwellings included in more than one designation. Meaning of “incumbrances” and “tenant’s incumbrance”. . Reinstatement of defective dwelling by local housing authority. . 276. . 337. long time to run. 165. . . Index of defined expressions: Part VI. . . . Saving for rights arising from breach of covenant, &c. 204. Cases where the tenant is a successor. PART XIV LOANS FOR ACQUISITION OR IMPROVEMENT OF HOUSING. . . . . . Provision of furnishings and fittings. Index of defined expressions: Part XI. . 434. 2. Exercise of powers outside Greater London. . 6. . . . 2. 311. Effect of control order in relation to furniture in case of furnished letting. Local authority contributions to mortgage costs. Modification of compulsory purchase order in case of acquisition of land for clearance. . . . . 171C. ]], F15Ss. 106A. 18 Pt. . . . . (1) Approval may be given subject to conditions and may... 6.Where the landlord is a private registered provider of social... 7.In this Part of this Schedule references to the landlord... Absolute ground for possession for anti-social behaviour: serious offences. Most housing association tenants do not have the Right to Buy. . 301. . . 171D(2ZA) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 8. . . . . Provisions not applying to tenancies of co-operative housing associations. . (a)that paragraphs [F161, 3 and] 5 to 11 of Schedule 5 (certain exceptions to the right to buy) do not apply; F17( b ). 155. . . . You could be eligible if you were a secure council tenant and you were living in your home when it was transferred from the council to another landlord, like a housing association. Meaning of “house”, “flat” and “dwelling-house”. 360. 263. . . . . 3. 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. 5), F22S. Offences in connection with registration schemes. 27BA. General duties of local housing authority when control order is in force. 245. Management agreements and compulsory competitive tendering. . General enactments relating to compulsory purchase, &c., apply subject to this Part. For this purpose “ connected company ” means a subsidiary or holding company within the meaning of [F13 section 1159 of the Companies Act 2006 ]. . . . (1) The conveyance or grant shall include provision entitling the... Value of landlord’s share and amount of final payment. 306. 156A. . Reference period for purposes of ss. 34A.Requirements to co-operate in relation to certain disposals. Further advances in case of disposal on shared ownership lease. The following legislation contains the framework in which to operate the PRTB, RTA and VRTB schemes: Housing Act 1985… 1985 CHAPTER 68 PART V THE RIGHT TO BUY [F1 Preservation of right to buy on disposal to private sector landlord Textual Amendments F1 Ss. . The Preserved Right to Buy (known as PRTB) is a legal right given to former tenants of local authorities with a secure tenancy, to buy their home. in place of a person who had the preserved right to buy in relation to that dwelling-house. 521, 522.. . 3) (with savings in S.I. Notice of variation of periodic tenancy. 171B(4)(a)(aa) substituted for S. 171B(4)(a) by Housing Act 1988 (c. 50, SIF 61), s. 127(1), F7Words in s. 171B(4)(a) inserted (24.9.1996) by 1996 c. 52, ss. . 304. Listed below are the key Acts that have been acknowledged. The Right to Buy came into effect on 3 October 1980. Financial assistance towards tenants’ removal expenses. Act you have selected contains over You . Modification of compulsory purchase order in case of acquisition of land for clearance. Consultation on matters of housing management. 1. (1) 1985 c. 68; section 171C was inserted by section 8 of the Housing and Planning Act 1986 (c. 63), was amended by section 127 that the landlord is not required to but may include a covenant for the repayment of discount, provided its terms are no more onerous than those of the covenant provided for in section 155. . Grant of tenancy to former statutory tenant. . . 1. Vesting orders for purposes of s. 164. The Whole Application of provisions to development corporations, etc. Recovery of expenses of notice under s.352. . 125B. This guide gives advice on the transfer and registration of publicly-owned housing estates and on the preserved right to buy. The first date in the timeline will usually be the earliest date when the provision came into force. . Consultation required before management agreement can be approved. . Approval of owner’s proposals for redevelopment. PART XV GRANTS FOR WORKS OF IMPROVEMENT, REPAIR AND CONVERSION. . Effect of control order in relation to furniture in case of furnished letting. The tenant should complete the form RTB1, which can be obtained from the landlord, or from Gov.uk. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. 171B(1A) inserted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and 30.4.2005 otherwise for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. Extinguishment of other rights over land acquired. The district of a local housing authority. 200 provisions and might take some time to download. 27AA. 409. 26. . . . Consultation with respect to housing management. Meaning of “secure tenancy” and “secure tenant”. 4(1)). . Exercise of powers outside Greater London. 1993/2134, arts. Form and contents of notification under s. 247. 2(1)(e), Sch. . . . Homelessness and threatened homelessness. . . Conditions of payment of reinstatement grant. Liability to repay is a charge on the premises. 171D. . . . . Special control provisions: decisions and appeals relating to occupancy directions. 3. 568. F24(2A). . The following provisions of this Schedule apply where—. . . a. . Landlord’s first notice to complete. 149. . 1. . 528. Power to dispose of land held for purposes of this Part. Review of decision to seek possession on non-absolute grounds on absolute ground for anti-social behaviour, 85A.Proceedings for possession: anti-social behaviour. The Whole (d)that the landlord is not required to but may include a covenant for the repayment of discount, provided its terms are no more onerous than those of the covenant provided for in section 155. 25. 9. ], F26Ss. . Power of court to modify or determine lease. In the following provisions of this Part—. . Power of local authorities to advance money. . . . Increase of rent where tenancy not secure. . Modifications of this Part in relation to preserved right. Supplementary provisions as to payments under s. 549 or 550. 2. SECURE TENANCIES AND RIGHTS OF SECURE TENANTS. . . (c)any of the provisions of Schedule 5 (exceptions to the right to buy) becomes or ceases to be applicable, all those concerned shall, as soon as practicable after the disposal, take all such steps (whether by way of amending or withdrawing and re-serving any notice or extending any period or otherwise) as may be requisite for the purpose of securing that all parties are, as nearly as may be, in the same position as they would have been if those circumstances had obtained before the disposal. Provisions for protection of owner and others. . . Liability of directors, &c. in case of offence by body corporate. (1) The local housing authority, or a person having an... Part II Compensation Payable to Dispossessed Proprietor. . The transfer contract will also detail the treatment of net preserved right to buy receipts as transferring secure tenants have their statutory right to buy preserved by HA 1985, s 171A. 4. 122A. Review of decisions relating to flexible tenancies, Termination of flexible tenancy by tenant, Recovery of possession on expiry of flexible tenancy, SECURE TENANCIES AND RIGHTS OF SECURE TENANTS. . . Cases in which right to buy is preserved. . 351. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. Housing Act 1985, Cross Heading: Periods during which right to buy is preserved is up to date with all changes known to be in force on or before 30 June 2020. Power of court to authorise conversion of premises into flats. . 598.. . . Assistance for provision of separate service pipe for water supply. (1) The Secretary of State may by order prescribe—. Requirements as to fitness of premises, &c. 440. . . . Power to reimburse cost of tenant’s improvements. Modification of control order where proprietor resides in part of house. Personal liability and powers of the proprietor. Works notices: improvement of enforcement procedures. . (1) The conveyance shall be of an estate in fee... 10. 10. Use of condemned houses for temporary housing accommodation. . Words in s. 171C(2) substituted (11.10.1993) by. 125. [F5(1A)A person to whom this section applies ceases to have the preserved right to buy if the tenancy of a relevant dwelling-house becomes a demoted tenancy by virtue of a demotion order under section 6A of the Housing Act 1988.]. The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. Landlord’s first notice to complete. 3. . Application of compensation due to another local authority. The preserved right to buy discount is a lot more generous than the discount given to those with the right to acquire. . 310. . For further information see ‘Frequently Asked Questions’. Recovery of possession of premises for purposes of approved re-development. . . Housing Act 1985, Cross Heading: Preservation of right to buy on disposal to private sector landlord is up to date with all changes known to be in force on or before 25 February 2021. . Power to discontinue proceedings if acquisition of land proves unnecessary. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. . 179. Reinstatement of defective dwelling by local housing authority. Schedules you have selected contains over 15. . . 136. . Leases granted under this Part to be treated as long leases at a low rent. 2005/3175, art. 331. (1) The authority shall apply the purchase price in the... 14.If the authority do not apply an amount which under... Power to make payment into court in case of difficulty. . Prefabs deemed to be houses provided under this Part. Powers of court to facilitate execution of works, &c. 377A. Revocation or termination of initial demolition notices. . Restriction on disposal of dwelling-houses in National Parks, etc. 327. Hughes v Greenwich LBC (1985) 18 HLR 140, CA. 7. . . 1. Schedules you have selected contains over Preserved Right to Buy, Right to Acquire and Voluntary Right to Buy Policy 1.0 SCOPE Purpose 1.1. . Exclusion of Restrictive Trade Practices Act: recommendations as to implementation of this Part. (2)References in this Part 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. 375. Right to a loan in certain cases after exercise of right to buy. . . Additional powers of authorities in London. to a person who is not an authority or body within section 80 (the landlord condition for secure tenancies). Modifications of this Part in relation to preserved right. . Proof of scheme and contents of register. 9. Power of local authority on disposal to leave amount outstanding on mortgage. . Reserve powers to provide housing accommodation. . 380. Provision of board and laundry facilities. 5 to 11 of Schedule 5 (certain exceptions to the right to buy) do not apply; that the provisions of this Part relating to the, right to acquire on rent to mortgage terms. 65. 15. Designation of defective dwellings under local schemes. . 323. . 444. . 457. Application for Secretary of State’s consent. These secure tenants become assured tenants with the transfer, but keep their statutory right to buy their home at a discount. Right to make interim payment at any time. This guide gives advice on the transfer and registration of publicly-owned housing estates and on the preserved right to buy. . 9. . 580—581.. . . 3, F9S. . 406. Use this menu to access essential accompanying documents and information for this legislation item. Right excluded if minimum initial payment exceeds maximum initial payment. No person to keep a common lodging house unless registered. 123. . Procedure for removal or alteration of apparatus under s. 296. 15A. 4. . . F31S. . . . . The regulations may in particular provide—. . . 346B. references to the preservation of the right to buy and to a person having the preserved right to buy are to the continued application of the provisions of this Part by virtue of this section and to a person in relation to whom those provisions so apply; ” means a disposal in relation to which this section applies, and. (1) In this Schedule (other than paragraph 3A) any reference... Conveyance of Freehold and Grant of Lease in Pursuance of Right to Buy. . Housing Act 1985 Schedule 9A paragraph 2 as it applies by virtue of the Housing (Preservation of Right to Buy) Regulations 1993 (Forms PSD 13, 14 or 15 as applicable must be used where a qualifying person exercises the preserved right to buy) Housing Act 1988 section 133(8) Housing Act 1988 section 81(9) 162. . . . Assignment or subletting where tenant condition not satisfied. • Housing Act 1985 • Housing Act 2004 • Housing and Regeneration Act 2008 • Housing (Preservation of Right to Buy) Regulations 1993 (Statutory Instrument 2241), Schedule 6. 250. 354. 1, F11Words in s. 171B(5)(b) substituted (24.9.1996) by 1996 c. 52, s. 222, 232(2), Sch. . . Determination of landlord’s share, initial discount etc. . 19. 2. . . Subsequent dealings: disposal of landlord’s interest in qualifying dwelling-house. 6. Power of local housing authority to execute works. Saving for rights arising from breach of covenant, &c. Effect of approved proposals for re-development. 3. . Landlord’s notice of purchase price and other matters. . . . 3. 16. 4. . 171C(5) added by Housing Act 1988 (c. 50, SIF 61), s. 127(3), (1)The disposal by the landlord of an interest in the qualifying dwelling-house, whether his whole interest or a lesser interest, does not affect the preserved right to buy, unless—, (a)as a result of the disposal an authority or body within section 80(1) (the landlord condition for secure tenancies) becomes the landlord of the qualifying person or persons, or. 105. . Subsequent dealings: termination of landlord’s interest in qualifying dwelling-house. 5). 171E. . . . . 153. 2. Alternative accommodation under s. 554 or 555. Entitlement to subsidy in case of land subject to management agreement. 9A Housing Act 1985. para 7 Department of Environment Circular 2/97. Compulsory purchase compensation to be made up to 95 per cent of defect-free value. Provisions restricting right to buy, etc. 138A.Effect of initial demolition notice served before completion, 138B.Effect of final demolition notice served before completion, 138C.Compensation where demolition notice served. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. . In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). without Guidance to local authorities, housing associations and other registered social landlords . Modifications of this Part in relation to shared ownership leases. . . 45. . F30Words in s. 171H(1) repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. . . Vesting of house in authority entitled to exercise power of sale. . 84A.Absolute ground for possession for anti-social behaviour. . The Housing (Rural Workers) Acts 1926 to 1942, and any... Part II ANNUAL GRANTS FOR AGRICULTURAL HOUSING, (s. 46 of the Housing (Financial Provisions) Act 1958), Annual grants by local housing authorities. Control provisions: other decisions and appeals. . Extension of duration of housing action area. 18.If the authority are a local housing authority, the interest... Certain grant conditions cease to have effect. 171D. . Power to compensate shop-keepers in areas affected by clearance. . 14. . Approval of owner’s proposals for redevelopment. (1) The rental value of a house is an amount... Apportionment of compensation between proprietors of different parts of house. 2(c), Sch. 1. . . Power of bodies corporate to sell or let land for housing purposes. . . . . . . 3. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. . 4. 3A. 14, 93(2), Sch. . . 546. Mortgage for securing redemption of landlord’s share. No person to keep a common lodging house unless registered. . 242. Conditions of payment of reinstatement grant. . 294. There is also a Right to Acquire for assured tenants of housing association dwellings built with public subsidy after 1997, at a smaller discount. . Right of entry for inspection and carrying out of works. Demolition orders: expenses of local housing authority, &c. Demolition orders: cleansing before demolition. . . Right of first refusal for local authority, Consideration payable for disposal under section 36A. . . 9 paras. . Effect of direction under s. 167 on existing covenants and conditions. Interpretation . Byelaws as to common lodging houses. 372. No changes have been applied to the text. . . Grant of tenancy to former owner-occupier. . Local authority contributions to mortgage costs. Mortgage for securing redemption of landlord’s share. . . 121. Termination of the right to acquire on rent to mortgage terms. ... You’d therefore be eligible to apply to purchase it, as long as you qualify under the Housing Act 1985 and the property you live in is not a type excluded under the RTB legislation.
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