The Housing (Right to Buy) (Maximum Percentage Discount) (England) Order 2014

Transitional Provision

3.—(1) Subject to paragraph (2) this Order also applies where before the date on which the Order comes into force a notice pursuant to section 122 has been served but the conveyance or grant under Part V of the Housing Act 1985 has not yet taken place.

(2) Paragraph (1) does not apply where the tenant has informed the landlord in writing within 21 days of the date on which the Order comes into force that the maximum percentage discount to be used when calculating entitlement to discount pursuant to section 129 should be the maximum percentage discount applicable before the date on which this Order comes into force.

(3) If—

(a) notice under section 125 (“the section 125 notice”) has been served on the tenant on or before the date on which the Order comes into force; and

(b) the tenant is entitled, by virtue of article 2, to a higher percentage discount under section 129(2)(a) than that specified in the notice,

the landlord must, as soon as is reasonably practicable, revise and serve an amended section 125 notice which includes the higher percentage discount.

(4) Where section 136 applies any notice under paragraph (2) given by the former tenant shall not have effect.