Search Legislation

Abolition of the Right to Buy and Associated Rights (Wales) Act 2018

Status:

This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format.

Restriction on exercising the right to buy and the right to acquire

2Restriction on exercising the right to buy

(1)The Housing Act 1985 (c. 68) is amended as follows.

(2)After section 121 (circumstances in which the the right to buy cannot be exercised), insert⁠—

121ZARestriction on exercising the right to buy in Wales

(1)The right to buy cannot be exercised in respect of a dwelling-house in Wales unless—

(a)the dwelling-house is from previously let social housing stock, or

(b)any of the cases specified in section 121ZB applies, or has applied, in respect of the dwelling-house.

(2)For the purposes of this Part—

(a)a dwelling-house is from previously let social housing stock if, at any time during the period of six months ending with the relevant date, it has been—

(i)let under a secure tenancy,

(ii)let under an introductory tenancy (within the meaning given by Chapter 1 of Part 5 of the Housing Act 1996 (c. 52)),

(iii)let under a demoted tenancy (within the meaning given by section 143A of the Housing Act 1996), or

(iv)a qualifying dwelling-house in relation to the preserved right to buy (see section 171B);

(b)“relevant date” means the day on which section 2 of the Abolition of the Right to Buy and Associated Rights (Wales) Act 2017 comes into force.

(3)This section does not affect the computation of any period under Schedule 4.

(3)In section 171B (extent of the preserved right to buy), after subsection (6), insert—

(7)Nothing in subsection (6) gives a person the right to exercise the preserved right to buy in respect of a dwelling-house in Wales unless⁠—

(a)the dwelling-house is from previously let social housing stock (see section 121ZA), or

(b)any of the cases specified in section 121ZB applies, or has applied, in respect of the dwelling-house.

3Exceptions to the restriction on exercising the right to buy

(1)The Housing Act 1985 (c. 68) is amended as follows.

(2)After section 121ZA (restriction on exercising the right to buy in Wales), insert—

121ZBExceptions to restriction on exercising the right to buy in Wales

(1)The first case applies in respect of a dwelling-house (the “exempted dwelling”) if—

(a)after the relevant date, the court orders a person who has the right to buy to give up possession of a dwelling-house,

(b)the order is made on any of the grounds set out in Parts 2 or 3 of Schedule 2,

(c)the person becomes the tenant of the exempted dwelling, and

(d)the exempted dwelling is suitable alternative accommodation for the purposes of the order.

(2)The second case applies in respect of a dwelling-house (the “exempted dwelling”) if—

(a)after the relevant date, the court orders a person who has the preserved right to buy (see section 171B) to give up possession of a dwelling-house,

(b)the order is made—

(i)on Ground 9 in Schedule 2 to the Housing Act 1988 (c. 50) (possession of dwelling-house let under assured tenancy on grounds that there is suitable alternative accommodation), or

(ii)in pursuance of section 98(1)(a) of the Rent Act 1977 (c. 42) (limitation on recovery of possession of dwelling-houses let under certain tenancies),

(c)the person becomes the tenant of the exempted dwelling, and

(d)the exempted dwelling is suitable alternative accommodation for the purposes of the order.

(3)The third case applies in respect of a dwelling-house (the “exempted dwelling”) if—

(a)the exempted dwelling has, at some time during the period of six months ending with the relevant date, been let by a registered social landlord or a private registered provider of social housing under an assured tenancy (other than a long tenancy),

(b)after the relevant date, a person having the preserved right to buy in respect of another dwelling-house (“the relevant dwelling-house”) becomes the tenant of the exempted dwelling, and

(c)the exempted dwelling becomes the relevant dwelling-house for the purposes of section 171B(6).

(4)The Welsh Ministers may, by regulations made by statutory instrument, amend this section by adding additional cases.

(5)Regulations under subsection (4) may not be made unless a draft of the statutory instrument containing the regulations has been laid before and approved by a resolution of the National Assembly for Wales.

4Restriction on exercising the right to acquire

(1)The Housing Act 1996 (c. 52) is amended as follows.

(2)After section 16A (extension of the right to acquire to dwellings funded by grants under section 27A), insert—

16BRestriction on exercising the right to acquire

(1)But the right to acquire cannot be exercised in respect of a dwelling unless—

(a)the dwelling is from previously let social housing stock, or

(b)section 16C applies, or has applied, in respect of the dwelling.

(2)For the purposes of this Part—

(a)a dwelling is from previously let social housing stock if, at any time during the period of six months ending with the relevant date—

(i)it has been let by a registered social landlord or a private registered provider of social housing under an assured tenancy (other than a long tenancy), or

(ii)it has been let under a secure tenancy, and

(b)“relevant date” means the day on which section 4 of the Abolition of the Right to Buy and Associated Rights (Wales) Act 2017 comes into force.

(3)This section does not affect the computation of any period under Schedule 4 to the Housing Act 1985.

(3)In section 16 (right of tenant to acquire dwelling), in subsection (1), at the beginning, insert “Subject to section 16B,”.

(4)In section 21 (purchase grant in respect of certain disposals), after subsection (2), insert—

(2A)But subsection (2) does not apply in respect of a discount on a disposal of a dwelling unless—

(a)the dwelling is from previously let social housing stock, or

(b)section 16C applies, or has applied, in respect of the dwelling.

5Exception to the restriction on exercising the right to acquire

(1)The Housing Act 1996 (c. 52) is amended as follows.

(2)After section 16B (restriction on exercising the right to acquire), insert—

16CException to restriction on exercising the right to acquire

(1)This section applies in respect of a dwelling (the “exempted dwelling”) if—

(a)after the relevant date, the court has ordered a person to give up possession of a dwelling,

(b)the order is made—

(i)on any of the grounds set out in Parts 2 or 3 of Schedule 2 to the Housing Act 1985 (c. 68) (discretionary grounds for possession of dwelling let under secure tenancy), or

(ii)on Ground 9 in Schedule 2 to the Housing Act 1988 (c. 50) (possession of dwelling let under assured tenancy on grounds that there is suitable alternative accommodation),

(c)the person becomes the tenant of the exempted dwelling, and

(d)the exempted dwelling is suitable alternative accommodation for the purposes of the order.

(2)The Welsh Ministers may, by regulations made by statutory instrument, amend this section by making provision for further circumstances in which this section applies in respect of a dwelling.

(3)Regulations under subsection (2) may not be made unless a draft of the statutory instrument containing the regulations has been laid before and approved by a resolution of the National Assembly for Wales.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources