Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw1)

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

3 Exceptions 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—

“121ZB Exceptions 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.”