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Housing Act 1985

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SCHEDULES

Section 79.

SCHEDULE 1E+W Tenancies which are not Secure Tenancies

Long leasesE+W

1A tenancy is not a secure tenancy if it is a long tenancy.E+W

[F1 Introductory tenancies]E+W

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Amendments (Textual)

F1Sch. 1 para. 1A and cross-heading inserted (4.2.1997) by 1996 c. 52, s. 141(1), Sch. 14 para. 5; S.I. 1997/66, art. 2 (subject to savings in Sch.)

[F21AA tenancy is not a secure tenancy if it is an introductory tenancy or a tenancy which has ceased to be an introductory tenancy—E+W

(a)by virtue of section 133(3) of the Housing Act 1996 (disposal on death to non-qualifying person), or

(b)by virtue of the tenant, or in the case of a joint tenancy every tenant, ceasing to occupy the dwelling-house as his only or principal home.]

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Amendments (Textual)

F2Sch. 1 para. 1A and cross-heading inserted (4.2.1997) by 1996 c. 52, s. 141(1), Sch. 14 para. 5; S.I. 1997/66, art. 2 (subject to savings in Sch.)

[F31BA tenancy is not a secure tenancy if it is a demoted tenancy within the meaning of section 143A of the Housing Act 1996.]E+W

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Amendments (Textual)

F3Sch. 1 para. 1B 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. 14, 93(1)(2), Sch. 1 para. 2(4); S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)

Premises occupied in connection with employmentE+W

2(1)[F4Subject to sub-paragraph (4B)]a tenancy is not a secure tenancy if the tenant is an employee of the landlord or of—E+W

  • a local authority,

  • a [F5development] corporation,

  • [F6a housing action trust]

  • [F7a Mayoral development corporation,]

  • an urban development corporation,

  • F8. . ., or

  • the governors of an aided school,

and his contract of employment requires him to occupy the dwelling-house for the better performance of his duties.

(2)[F4Subject to sub-paragraph (4B)] a tenancy is not a secure tenancy if the tenant is a member of a police force and the dwelling-house is provided for him free of rent and rates in pursuance of regulations made under [F9section 50 of the Police Act 1996] (general regulations as to government, administration and conditions of service of police forces).

(3)[F4Subject to sub-paragraph (4B)]a tenancy is not a secure tenancy if the tenant is an employee of a [F10fire and rescue authority] and—

(a)his contract of employment requires him to live in close proximity to a particular fire station, and

(b)the dwelling-house was let to him by the authority in consequence of that requirement.

(4)[F11Subject to sub-paragraph (4A) and (4B)]a tenancy is not a secure tenancy if—

(a)within the period of three years immediately preceding the grant the conditions mentioned in sub-paragraph (1), (2) or (3) have been satisfied with respect to a tenancy of th dwelling-house, and

(b)before the grant the landlord notified the tenant in writing of the circumstances in which this exception applies and that in its opinion the proposed tenancy would fall within this exception.

F12. . .

[F13(4A)Except where the landlord is a local housing authority, a tenancy under sub-paragraph (4) shall become a secure tenancy when the periods during which the conditions mentioned in sub-paragraph (1), (2) or (3) are not satisfied with respect to the tenancy amount in aggregate to more than three years.

(4B)Where the landlord is a local housing authority, a tenancy under sub-paragraph (1), (2), (3) or (4) shall become a secure tenancy if the authority notify the tenant that the tenancy is to be regarded as a secure tenancy.]

(5)In this paragraph “contract of employment” means a contract of service or apprenticeship, whether express or implied and (if express) whether oral or in writing.

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Amendments (Textual)

F4Words in Sch. 1 para. 2(1)-(3) inserted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 2(2); S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)

F7Words in Sch. 1 para. 2(1) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 15

F8Words in Sch. 1 para. 2(1) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F9Words in Sch. 1 para. 2(2) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. II para. 40

F10Words in Sch. 1 para. 2(3) substituted (7.9.2004 for certain purposes for E. and 1.10.2004 insofar as not already in force for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53(1), 61, Sch. 1 para. 62; S.I. 2004/2304, art. 2 (subject to art. 3); S.I. 2004/2917, art. 2

F11Words in Sch. 1 para. 2(4) inserted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 2(3)(a); S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)

F12Words in Sch. 1 para. 2(4) repealed (1.4.1997) by 1996 c. 52, ss. 173, 227, Sch. 16 para. 2(3)(b), Sch. 19 Pt. VII; S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)

F13Sch. 1 para. 2(4A)(4B) inserted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 2(4); S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)

Modifications etc. (not altering text)

Land acquired for developmentE+W

3(1)A tenancy is not a secure tenancy if the dwelling-house is on land which has been acquired for development and the dwelling-house is used by the landlord, pending development of the land, as temporary housing accommodation.E+W

(2)In this paragraph “development” has the meaning given by [F14section 55 of the Town and Country Planning Act 1990] (general definition of development for purposes of that Act).

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Amendments (Textual)

[F15 Accommodation for homeless persons]E+W

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Amendments (Textual)

F15Sch. 1 para. 4 and cross-heading substituted (20.1.1997) by 1996 c. 52, s. 216(3), Sch. 17 para. 3; S.I. 1996/2959, art. 2 (subject to transitional provision in Sch. para. 2)

[F164A tenancy granted in pursuance of any function under Part VII of the Housing Act 1996 (homelessness) [F17or Part 2 of the Housing (Wales) Act 2014 (homelessness)] is not a secure tenancy unless the local housing authority concerned have notified the tenant that the tenancy is to be regarded as a secure tenancy.]E+W

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Amendments (Textual)

F16Sch. 1 para. 4 and cross-heading substituted (20.1.1997) by 1996 c. 52, s. 216(3), Sch. 17 para. 3; S.I. 1996/2959, art. 2 (subject to transitional provision in Sch. para. 2)

[F18Family intervention tenanciesE+W

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Amendments (Textual)

F18Sch. 1 para. 4ZA and preceding cross-heading inserted (1.1.2009 for E. and otherwise prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 297(1), 325; S.I. 2008/3068, art. 4(11) (with arts. 6-13)

4ZA(1)A tenancy is not a secure tenancy if it is a family intervention tenancy.E+W

(2)But a tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy.

(3) In this paragraph “ a family intervention tenancy ” means, subject to sub-paragraph (4), a tenancy granted by a local housing authority in respect of a dwelling-house—

(a) to a person (“ the new tenant ”) against whom a [F19 relevant possession order ] in respect of another dwelling-house—

(i)has been made, in relation to a secure tenancy F20...;

(ii)could, in the opinion of the authority, have been so made in relation to such a tenancy; or

(iii)could, in the opinion of the authority, have been so made if the person had had such a tenancy; and

(b)for the purposes of the provision of behaviour support services.

(4)A tenancy is not a family intervention tenancy for the purposes of this paragraph if the local housing authority has failed to serve a notice under sub-paragraph (5) on the new tenant before the new tenant entered into the tenancy.

(5)A notice under this sub-paragraph is a notice stating—

(a)the reasons for offering the tenancy to the new tenant;

(b)the dwelling-house in respect of which the tenancy is to be granted;

(c)the other main terms of the tenancy (including any requirements on the new tenant in respect of behaviour support services);

(d)the security of tenure available under the tenancy and any loss of security of tenure which is likely to result from the new tenant agreeing to enter into the tenancy;

(e)that the new tenant is not obliged to enter into the tenancy or (unless otherwise required to do so) to surrender any existing tenancy or possession of a dwelling-house;

(f)any likely action by the local housing authority if the new tenant does not enter into the tenancy or surrender any existing tenancy or possession of a dwelling-house.

(6)The appropriate national authority may by regulations made by statutory instrument amend sub-paragraph (5).

(7)A notice under sub-paragraph (5) must contain advice to the new tenant as to how the new tenant may be able to obtain assistance in relation to the notice.

(8)The appropriate national authority may by regulations made by statutory instrument make provision about the type of advice to be provided in such notices.

(9)Regulations under this paragraph may contain such transitional, transitory or saving provision as the appropriate national authority considers appropriate.

(10)A statutory instrument containing (whether alone or with other provision) regulations under this paragraph which amend or repeal any of paragraphs (a) to (f) of sub-paragraph (5) may not be made—

(a)by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament; and

(b)by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(11)Subject to this, a statutory instrument containing regulations made under this paragraph—

(a)by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament; and

(b)by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(12)In this paragraph—

  • “appropriate national authority”—

    (a)

    in relation to England, means the Secretary of State; and

    (b)

    in relation to Wales, means the Welsh Ministers;

  • behaviour support agreement ” means an agreement in writing about behaviour and the provision of support services made between the new tenant and the local housing authority concerned (or between persons who include those persons);

  • behaviour support services ” means relevant support services to be provided by any person to—

    (a)

    the new tenant; or

    (b)

    any person who is to reside with the new tenant;

    for the purpose of addressing the kind of behaviour which led to the new tenant falling within sub-paragraph (3)(a);

  • family intervention tenancy ” has the meaning given by sub-paragraph (3);

  • the new tenant ” has the meaning given by sub-paragraph (3)(a);

  • [F21relevant possession order” means—

    (a)

    a possession order under section 84 that is made on ground 2, 2ZA or 2A of Part 1 of Schedule 2, or

    (b)

    a possession order under section 84A;]

  • relevant support services ” means support services of a kind identified in a behaviour support agreement and designed to meet such needs of the recipient as are identified in the agreement. ]

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Amendments (Textual)

[F22 Accommodation for asylum-seekers]E+W

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Amendments (Textual)

F22Sch. 1 para. 4A and cross-heading inserted (11.11.1999) by 1999 c. 33, s. 169(1), Sch. 14 para. 81

[F234A(1)A tenancy is not a secure tenancy if it is granted in order to provide accommodation [F24under section 4 or Part VI of the Immigration and Asylum Act 1999] .E+W

(2)A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy.]

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Amendments (Textual)

F23Sch. 1 para. 4A and cross-heading inserted (11.11.1999) by 1999 c. 33, s. 169(1), Sch. 14 para. 81

F24Words in Sch. 1 para. 4A(1) substituted (16.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 43(4)(d), 62; S.I. 2006/1497, art. 3, Sch.

[F25Accommodation for persons with Temporary ProtectionE+W

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Amendments (Textual)

F25Sch. 1 para. 4B and cross-heading inserted (15.6.2005) by The Displaced Persons (Temporary Protection) Regulations (S.I. 2005/1379), reg. 1, {Sch. para. 4}

4BA tenancy is not a secure tenancy if it is granted in order to provide accommodation under the Displaced Persons (Temporary Protection) Regulations 2005.]E+W

Temporary accommodation for persons taking up employmentE+W

5(1)[F26Subject to sub-paragraphs (1A) and (1B), a tenancy is not a secure tenancy] if—E+W

(a)the person to whom the tenancy was granted was not, immediately before the grant, resident in the district in which the dwelling-house is situated,

(b)before the grant of the tenancy, he obtained employment, or an offer of employment, in the district or its surrounding area,

(c)the tenancy was granted to him for the purpose of meeting his need for temporary accommodation in the district or its surrounding area in order to work there, and of enabling him to find permanent accommodation there, and

(d)the landlord notified him in writing of the circumstances in which this exception applies and that in its opinion the proposed tenancy would fall within this exception;

F27. . .

[F28(1A)Except where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy on the expiry of one year from the grant or on earlier notification by the landlord to the tenant that the tenancy is to be regarded as a secure tenancy.

(1B)Where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy if at any time the authority notify the tenant that the tenancy is to be regarded as a secure tenancy.]

(2)In this paragraph—

  • district” means district of a local housing authority; and

  • surrounding area”, in relation to a district, means the area consisting of each district that adjoins it

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Amendments (Textual)

F26Words in Sch. 1 para. 5(1) substituted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 2(5)(a); S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)

F27Words in Sch. 1 para. 5(1) repealed (1.4.1997) by 1996 c. 52, ss. 173, 227, Sch. 16 para. 2(5)(b), Sch. 19 Pt. VII; S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)

F28Sch. 1 para. 5(1A)(1B) inserted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 2(6); S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)

Short-term arrangementsE+W

6A tenancy is not a secure tenancy if—E+W

(a)the dwelling-house has been leased to the landlord with vacant possession for use as temporary housing accommodation,

(b)the terms on which it has been leased include provision for the lessor to obtain vacant possession from the landlord on the expiry of a specified period or when required by the lessor,

(c)the lessor is not a body which is capable of granting secure tenancies, and

(d)the landlord has no interest in the dwelling-house other than under the lease in question or as a mortgagee.

Temporary accommodation during worksE+W

7A tenancy is not a secure tenancy if—E+W

(a)the dwelling-house has been made available for occupation by the tenant (or a predecessor in title of his) while works are carried out on the dwelling-house which he previously occupied as his home, and

(b)the tenant or predecessor was not a secure tenant of that other dwelling-house at the time when he ceased to occupy it as his home.

[F29 Agricultural holdings etc.]E+W

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Amendments (Textual)

F29Sch. 1 para. 8 and cross-heading substituted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 30

[F308(1)A tenancy is not a secure tenancy if—E+W

(a)the dwelling-house is comprised in an agricultural holding and is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming of the holding, or

(b)the dwelling-house is comprised in the holding held under a farm business tenancy and is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the management of the holding.

(2)In sub-paragraph (1) above—

  • agricultural holding ” means any agricultural holding within the meaning of the Agricultural Holdings Act 1986 held under a tenancy in relation to which that Act applies, and

  • farm business tenancy ”, and “ holding ” in relation to such a tenancy, have the same meaning as in the Agricultural Tenancies Act 1995. ]

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Amendments (Textual)

F30Sch. 1 para. 8 and cross-heading substituted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 30

Licensed premisesE+W

9A tenancy is not a secure tenancy if the dwelling-house consists of or includes premises licensed [F31 premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act)”] for consumption on the premises.E+W

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Amendments (Textual)

F31Words in Sch. 1 para. 9 substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201(2), Sch. 6 para. 104; S.I.2005/3056, art. 2(2)

Student lettingsE+W

10(1)[F32Subject to sub-paragraphs (2A) and (2B), a tenancy of a dwelling-house is not a secure tenancy] if—E+W

(a)it is granted for the purpose of enabling the tenant to attend a designated course at an educational establishment, and

(b)before the grant of the tenancy the landlord notified him in writing of the circumstances in which this exception applies and that in its opinion the proposed tenancy would fall within this exception;

F33. . .

(2)A landlord’s notice under sub-paragraph (1)(b) shall specify the educational establishment which the person concerned proposes to attend.

[F34(2A)Except where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy on the expiry of the period specified in sub-paragraph (3) or on earlier notification by the landlord to the tenant that the tenancy is to be regarded as a secure tenancy.

(2B)Where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy if at any time the authority notify the tenant that the tenancy is to be regarded as a secure tenancy.]

(3)The period referred to in [F35sub-paragraph (2A)] is—

(a)in a case where the tenant attends a designated course at the educational establishment specified in the landlord’s notice, the period ending six months after the tenant ceases to attend that (or any other) designated course at that establishment;

(b)in any other case, the period ending six months after the grant of the tenancy.

(4)In this paragraph—

  • designated course” means a course of any kind designated by regulations made by the Secretary of State for the purposes of this paragraph;

  • educational establishment” means a university or [F36institution which provides higher education or further education (or both); and for the purposes of this definition “higher education” and “further education” have the same meaning as in [F37the Education Act 1996]].

(5)Regulations under sub-paragraph (4) shall be made by statutory instrument and may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

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Amendments (Textual)

F32Words in Sch. 1 para. 10(1) substituted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 2(7)(a); S.I. 1996/2959, art. 3

F33Words in Sch. 1 para. 10(1) repealed (1.4.1997) by 1996 c. 52, ss. 173, 227, Sch. 16 para. 2(7)(b), Sch. 19 Pt. VII; S.I. 1996/2959, art. 3

F34Sch. 1 para. 10(2A)(2B) inserted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 2(8); S.I. 1996/2959, art. 3

F35Words in Sch. 1 para. 10(3) substituted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 2(9); S.I. 1996/2959, art. 3

F37Words in the definition of “educational establishment” in Sch. 1 para. 10(4) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 62 (with ss. 1(4), 561, 562, Sch. 39)

1954 Act tenanciesE+W

11A tenancy is not a secure tenancy if it is one to which Part II of the M1Landlord and Tenant Act 1954 applies (tenancies of premises occupied for business purposes).E+W

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Marginal Citations

AlmshousesE+W

F38[12A licence to occupy a dwelling-house is not a secure tenancy if—E+W

(a)the dwelling-house is an almshouse, and

(b)the licence was granted by or on behalf of a charity which—

(i)is authorised under its trusts to maintain the dwelling-house as an almshouse, and

(ii)has no power under its trusts to grant a tenancy of the dwelling-house;

and in this paragraph “ almshouse ” means any premises maintained as an almshouse, whether they are called an almshouse or not; and “ trusts ”, in relation to a charity, means the provisions establishing it as a charity and regulating its purposes and administration, whether those provisions take effect by way of trust or not. ]

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Amendments (Textual)

F38Sch. 1 para. 12 substituted (1.9.1992) by Charities Act 1992 (c. 41), s. 78(1), Sch. 6 para. 12; S.I. 1992/1900, art. 2, Sch. 1

Section 84.

SCHEDULE 2E+W Grounds for Possession of Dwelling-Houses Let underSecure Tenancies

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Modifications etc. (not altering text)

Part IE+W Grounds on which Court may Order Possession if it Considers it Reasonable

Ground 1E+W

Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.

[F39 Ground 2]E+W

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Amendments (Textual)

F39Sch. 2 Ground 2 substituted (4.2.1997) by 1996 c. 52, s. 144; S.I. 1997/66, art. 2 (with Sch.)

[F40The tenant or a person residing in or visiting the dwelling-house—

(a)has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality,

[F41(aa)has been guilty of conduct causing or likely to cause a nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions,] or

(b)has been convicted of—

(i)using the dwelling-house or allowing it to be used for immoral or illegal purposes, or

(ii)an [F42indictable] offence committed in, or in the locality of, the dwelling-house.]

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Amendments (Textual)

F40Sch. 2 Ground 2 substituted (4.2.1997) by 1996 c. 52, s. 144; S.I. 1997/66, art. 2 (subject to savings in Sch.)

F42Sch. 2 Pt. 1: word in Ground 2 para. (b)(ii) substituted (1.1.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178(8), Sch. 7 para. 45; S.I. 2005/3495, art. 2(1)

[F43 Ground 2ZAE+W

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Amendments (Textual)

The tenant or an adult residing in the dwelling-house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom.

  • adult ” means a person aged 18 or over;

  • indictable offence ” does not include an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either way offences where value involved is small);

  • riot ” is to be construed in accordance with section 1 of the Public Order Act 1986.

This Ground applies only in relation to dwelling-houses in England.]

[F44 Ground 2A]E+W

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Amendments (Textual)

F44Sch. 2 Ground 2A and inserted (4.2.1997) by 1996 c. 52, s. 145; S.I. 1997/66, art. 2 (subject to savings in Sch.)

[F45The dwelling-house was occupied (whether alone or with others) by [F46a married couple, a couple who are civil partners of each other,] a couple living together as husband and wife [F47or a couple living together as if they were civil partners] and—

(a)one or both of the partners is a tenant of the dwelling-house,

(b)one partner has left because of violence or threats of violence by the other towards—

(i)that partner, or

(ii)a member of the family of that partner who was residing with that partner immediately before the partner left, and

(c)the court is satisfied that the partner who has left is unlikely to return.]

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Amendments (Textual)

F45Sch. 2 Ground 2A and cross-heading inserted (4.2.1997) by 1996 c. 52, s. 145; S.I. 1997/66, art. 2 (subject to savings in Sch.)

F46Sch. 2 Pt. 1: words in Ground 2A substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 33(a); S.I. 2005/3175, art. 2(1), Sch.

F47Sch. 2 Pt. 1: words in Ground 2A inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 33(b); S.I. 2005/3175, art. 2(1), Sch.

Ground 3E+W

The condition of the dwelling-house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or a person residing in the dwelling-house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

Ground 4E+W

The condition of furniture provided by the landlord for use under the tenancy, or for use in the common parts, has deteriorated owing to ill-treatment by the tenant or a person residing in the dwelling-house and, in the case of ill-treatment by a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

Ground 5E+W

The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly [F48by—

(a)the tenant, or

(b)a person acting at the tenant’s instigation]

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Amendments (Textual)

F48Sch. 2 Ground 5(a)(b) and word “by” immediately preceding it substituted (4.2.1997) for words by 1996 c. 52, s. 146; S.I. 1997/66, art. 2 (subject to savings in Sch.)

Ground 6E+W

The tenancy was assigned to the tenant, or to a predecessor in title of his who is a member of his family and is residing in the dwelling-house, by an assignment made by virtue of section 92 (assignments by way of exchange) and a premium was paid either in conection with that assignment or the assignment which the tenant or predecessor himself made by virtue of that section.

In this paragraph “premium” means any fine or other like sum and any other pecuniary consideration in addition to rent

Ground 7E+W

The dwelling-house forms part of, or is within the curtilage of, a building which, or so much of it as is held by the landlord, is held mainly for purposes other than housing purposes and consists mainly of accommodation other than housing accommodation, and—

(a)the dwelling-house was let to the tenant or a predecessor in title of his in consequence of the tenant or predecessor being in the employment of the landlord, or of—

  • a local authority,

  • a [F49development] corporation,

  • [F50a housing action trust]

  • [F51a Mayoral development corporation,]

  • an urban development corporation,

  • F52. . . or

  • the governors of an aided school,

and

(b)the tenant or a person residing in the dwelling-house has been guilty of conduct such that, having regard to the purpose for which the building is used, it would not be right for him to continue in occupation of the dwelling-house.

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Amendments (Textual)

F50Entry in Sch. 2 Pt. I Ground 7 inserted by Housing Act 1988 (c. 50, SIF 61), s. 83(6)(b)

F51Entry in Sch. 2 Pt. I Ground 7 inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 16

F52Entry in Sch. 2 Pt. I Ground 7 repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV; S.I. 1998/2244, art. 4

Ground 8E+W

The dwelling-house was made available for occupation by the tenant (or a predecessor in title of his) while works were carried out on the dwelling-house which he previously occupied as his only or principal home and—

(a)the tenant (or predecessor) was a secure tenant of the other dwelling-house at the time when he ceased to occupy it as his home,

(b)the tenant (or predecessor) accepted the tenancy of the dwelling-house of which possession is sought on the understanding that he would give up occupation when, on completion of the works, the other dwelling-house was again available for occupation by him under a secure tenancy, and

(c)the works have been completed and the other dwelling-house is so available.

Part IIE+W Grounds on which the Court may Order Possession if Suitable Alternative Accommodation is Available

Ground 9E+W

The dwelling-house is overcrowded, within the meaning of Part X, in such circumstances as to render the occupier guilty of an offence.

Ground 10E+W

The landlord intends, within a reasonable time of obtaining possession of the dwelling-house—

(a)to demolish or reconstruct the building or part of the building comprising the dwelling-house, or

(b)to carry out work on that building or on land let together with, and thus treated as part of, the dwelling-house,

and cannot reasonably do so without obtaining possession of the dwelling-house.

[F53 Ground 10A E+W

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Amendments (Textual)

F53Sch. 2 Pt. II Ground 10A inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 9(1)

Modifications etc. (not altering text)

  • The dwelling-house is in an area which is the subject of a redevelopment scheme approved by the Secretary of State or the [F54[F55Regulator of Social Housing] or Scottish Homes] in accordance with Part V of this Schedule and the landlord intends within a reasonable time of obtaining possession to dispose of the dwelling-house in accordance with the scheme.

  • or

  • Part of the dwelling-house is in such an area and the landlord intends within a reasonable time of obtaining possession to dispose of that part in accordance with the scheme and for that purpose reasonably requires possession of the dwelling-house.]

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Amendments (Textual)

F54Words in Sch. 2 Pt. II Ground 10A substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 21(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

Ground 11E+W

The landlord is a charity and the tenant’s continued occupation of the dwelling-house would conflict with the objects of the charity.

Part IIIE+W Grounds on which the Court may Order Possession if it Considers it Reasonable and Suitable Alternative Accommodation is Available

Ground 12E+W

The dwelling-house forms part of, or is within the curtilage of, a building which, or so much of it as is held by the landlord, is held mainly for purposes other than housing purposes and consists mainly of accommodation other than housing accommodation, or is situated in a cemetery, and—

(a)the dwelling-house was let to the tenant or a predecessor in title of his in consequence of the tenant or predecessor being in the employment of the landlord or of—

  • a local authority,

  • a [F56development] corporation,

  • [F57a housing action trust]

  • [F58a Mayoral development corporation, ]

  • an urban development corporation,

  • F59. . . or

  • the governors of an aided school,

and that employment has ceased, and

(b)the landlord reasonably requires the dwelling-house for occupation as a residence for some person either engaged in the employment of the landlord, or of such a body, or with whom a contract for such employment has been entered into conditional on housing being provided.

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Amendments (Textual)

F57Entry in Sch. 2 Pt. 3 Ground 12(a) inserted by Housing Act 1988 (c. 50, SIF 61), s. 83(6)(b)

F58Entry in Sch. 2 Pt. 3 Ground 12(a) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 17

F59Entry in Sch. 2 Pt. 3 Ground 12(a) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(20, 141(1), 143(2)); S.I. 1998/2244, art. 4

Ground 13E+W

The dwelling-house has features which are substantially different from those of ordinary dwelling-houses and which are designed to make it suitable for occupation by a physically disabled person who requires accommodation of a kind provided by the dwelling-house and—

(a)there is no longer such a person residing in the dwelling-house, and

(b)the landlord requires it for occupation (whether alone or with members of his family) by such a person.

Ground 14E+W

The landlord is a housing association or housing trust which lets dwelling-houses only for occupation (whether alone or with others) by persons whose circumstances (other than merely financial circumstances) make it especially difficult for them to satisfy their need for housing, and—

(a)either there is no longer such a person residing in the dwelling-house or the tenant has received from a local housing authority an offer of accommodation in premises which are to be let as a separate dwelling under a secure tenancy, and

(b)the landlord requires the dwelling-house for occupation (whether alone or with members of his family) by such a person.

Ground 15E+W

The dwelling-house is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by persons with special needs and—

(a)a social service or special facility is provided in close proximity to the group of dwelling-houses in order to assist persons with those special needs,

(b)there is no longer a person with those special needs residing in the dwelling-house, and

(c)the landlord requires the dwelling-house for occupation (whether alone or with members of his family) by a person who has those special needs.

[F60Ground 15AE+W

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Amendments (Textual)

F60Sch. 2 Pt. III Ground 15A inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 162(2), 240(2); S.I. 2012/628, art. 6(b) (with arts. 9, 11, 14, 15, 17)

The dwelling-house is in England, the accommodation afforded by it is more extensive than is reasonably required by the tenant and—

(a)the tenancy vested in the tenant by virtue of section 89 (succession to periodic tenancy) or 90 (devolution of term certain) in a case where the tenant was not the previous tenant's spouse or civil partner, and

(b)notice of the proceedings for possession was served under section 83 (or, where no such notice was served, the proceedings for possession were begun) more than six months but less than twelve months after the relevant date.

For this purpose “the relevant date” is—

(a)the date of the previous tenant's death, or

(b)if the court so directs, the date on which, in the opinion of the court, the landlord (or, in the case of joint landlords, any one of them) became aware of the previous tenant's death.

The matters to be taken into account by the court in determining whether it is reasonable to make an order on this ground include—

(a)the age of the tenant,

(b)the period (if any) during which the tenant has occupied the dwelling-house as the tenant's only or principal home, and

(c)any financial or other support given by the tenant to the previous tenant.]

Ground 16E+W

[F61The dwelling-house is in Wales, the accommodation afforded by it] is more extensive than is reasonably required by the tenant and—

(a)the tenancy vested in the tenant by virtue of section 89 (succession to periodic tenancy) [F62or 90 (devolution of term certain)], the tenant being qualified to succeed by virtue of section 87(b) (members of family other than spouse), and

(b)notice of the proceedings for possession was served under section 83 more than six months but less than twelve months after [F63the relevant date].

[F64For this purpose “the relevant date” is—

(a)the date of the previous tenant's death, or

(b)if the court so directs, the date on which, in the opinion of the court, the landlord (or, in the case of joint landlords, any one of them) became aware of the previous tenant's death.]

The matters to be taken into account by the court in determining whether it is reasonable to make an order on this ground include—

(a)the age of the tenant,

(b)the period during which the tenant has occupied the dwelling-house as his only or principal home, and

(c)any financial or other support given by the tenant to the previous tenant.

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Amendments (Textual)

F61Words in Sch. 2 Pt. III Ground 16 substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 162(3)(a), 240(2); S.I. 2012/628, art. 6(b) (with arts. 9, 11, 14, 15, 17)

F62Words in Sch. 2 Pt. III Ground 16 inserted (1.4.2012 for W.) by Localism Act 2011 (c. 20), ss., 162(3)(b)(i), 240(3)(f); S.I. 2012/887, art. 3(b) (with art. 4)

F63Words in Sch. 2 Pt. III Ground 16 substituted (1.4.2012 for W.) by Localism Act 2011 (c. 20), ss., 162(3)(b)(ii), 240(3)(f); S.I. 2012/887, art. 3(b) (with art. 4)

F64Words in Sch. 2 Pt. III Ground 16 inserted (1.4.2012 for W.) by Localism Act 2011 (c. 20), ss., 162(3)(c), 240(3)(f); S.I. 2012/887, art. 3(b) (with art. 4)

Part IVE+W Suitability of Accommodation

1For the purposes of section 84(2)(b) and (c) (case in which court is not to make an order for possession unless satisfied that suitable accommodation will be available) accommodation is suitable if it consists of premises—E+W

(a)which are to be let as a separate dwelling under a secure tenancy, or

(b)which are to be let as a separate dwelling under a protected tenancy, not being a tenancy under which the landlord might recover possession under one of the Cases in Part II of Schedule 15 to the M2Rent Act 1977 (cases where court must order possession), [F65or

(c)which are to be let as a separate dwelling under an assured tenancy which is neither an assured shorthold tenancy, within the meaning of Part I of the Housing Act 1988, nor a tenancy under which the landlord might recover possession under any of Grounds 1 to 5 in Schedule 2 to that Act]

and, in the opinion of the court, the accommodation is reasonably suitable to the needs of the tenant and his family.

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Amendments (Textual)

F65Word “or” and Sch. 2 Pt. IV para. 1(c) added by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. I para. 65

Marginal Citations

2In determining whether the accommodation is reasonably suitable to the needs of the tenant and his family, regard shall be had to—E+W

(a)the nature of the accommodation which it is the practice of the landlord to allocate to persons with similar needs;

(b)the distance of the accommodation available from the place of work or education of the tenant and of any members of his family;

(c)its distance from the home of any member of the tenant’s family if proximity to it is essential to that member’s or the tenant’s well-being;

(d)the needs (as regards extent of accommodation) and means of the tenant and his family;

(e)the terms on which the accommodation is available and the terms of the secure tenancy;

(f)if furniture was provided by the landlord for use under the secure tenancy, whether furniture is to be provided for use in the other accommodation, and if so the nature of the furnitire to be provided.

3Where possession of a dwelling-house is sought on ground 9 (overcrowding such as to render occupier guilty of offence), other accommodation may be reasonably suitable to the needs of the tenant and his family notwithstanding that the permitted number of persons for that accommodation, as defined in section 326(3) (overcrowding: the space standard), is less than the number of persons living in the dwelling-house of which possession is sought.E+W

4(1)A certificate of the appropriate local housing authority that they will provide suitable accommodation for the tenant by a date specified in the certificate is conclusive evidence that suitable accommodation will be available for him by that date.E+W

(2)The appropriate local housing authority is the authority for the district in which the dwelling-house of which possession is sought is situated.

(3)This paragraph does not apply where the landlord is a local housing authority.

[F66Part VE+W Approval of Redevelopment Schemes for Purposes of Ground 10A

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Amendments (Textual)

1(1)The Secretary of State may, on the application of the landlord, approve for the purposes of ground 10A in Part II of this Schedule a scheme for the disposal and re-development of an area of land consisting of or including the whole or part of one or more dwelling-houses.E+W

(2)For this purpose—

(a)disposal ” means a disposal of any interest in the land (including the grant of an option), and

(b)redevelopment ” means the demolition or reconstruction of buildings or the carrying out of other works to buildings or land;

and it is immaterial whether the disposal is to precede or follow the redevelopment.

(3)The Secretary of State may on the application of the landlord approve a variation of a scheme previously approved by him and may, in particular, approve a variation adding land to the area subject to the scheme.

2(1)Where a landlord proposes to apply to the Secretary of State for the approval of a scheme or variation it shall serve a notice in writing on any secure tenant of a dwelling-house affected by the proposal stating—E+W

(a)the main features of the proposed scheme or, as the case may be, the scheme as proposed to be varied,

(b)that the landlord proposes to apply to the Secretary of State for approval of the scheme or variation, and

(c)the effect of such approval, by virtue of section 84 and ground 10A in Part II of this Schedule, in relation to proceedings for possession of the dwelling-house,

and informing the tenant that he may, within such period as the landlord may allow (which shall be at least 28 days from service of the notice), make representations to the landlord about the proposal.

(2)The landlord shall not apply to the Secretary of State until it has considered any representations made to it within that period.

(3)In the case of a landlord to which section 105 applies (consultation on matters of housing management) the provisions of this paragraph apply in place of the provisions of that section in relation to the approval or variation of a redevelopment scheme.

3(1)In considering whether to give his approval to a scheme or variation the Secretary of State shall take into account, in particular—E+W

(a)the effect of the scheme on the extent and character of housing accommodation in the neighbourhood,

(b)over what period of time it is proposed that the disposal and redevelopment will take place in accordance with the scheme, and

(c)to what extent the scheme includes provision for housing provided under the scheme to be sold or let to existing tenants or persons nominated by the landlord;

and he shall take into account any representations made to him and, so far as they are brought to his notice, any representations made to the landlord.

(2)The landlord shall give to the Secretary of State such information as to the representations made to it, and other relevant matters, as the Secretary of State may require.

4The Secretary of State shall not approve a scheme or variation so as to include in the area subject to the scheme—E+W

(a)part only of one or more dwelling-houses, or

(b)one or more dwelling-houses not themselves affected by the works involved in redevelopment but which are proposed to be disposed of along with other land which is so affected,

unless he is satisfied that the inclusion is justified in the circumstances.

5(1)Approval may be given subject to conditions and may be expressed to expire after a specified period.E+W

(2)The Secretary of State, on the application of the landlord or otherwise, may vary an approval so as to—

(a)add, remove or vary conditions to which the approval is subject; or

(b)extend or restrict the period after which the approval is to expire.

(3)Where approval is given subject to conditions, the landlord may serve a notice under section 83[F67or 83ZA] (notice of proceedings for possession) specifying ground 10A notwithstanding that the conditions are not yet fulfilled but the court shall not make an order for possession on that ground unless satisfied that they are or will be fulfilled.

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Amendments (Textual)

6 Where the landlord is a [F68[F69private registered provider of social housing] or a housing association registered in the register maintained by Scottish Homes under section 3 of the M3 Housing Associations Act 1985, [F70the Regulator of Social Housing], or Scottish Homes, (and not the Secretary of State) ] has the functions conferred by this Part of this Schedule. E+W

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Amendments (Textual)

F68Words in Sch. 2 Pt. V para. 6 substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 21(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

Marginal Citations

7In this Part of this Schedule references to the landlord of a dwelling-house include any authority or body within section 80 (the landlord condition for secure tenancies) having an interest of any description in the dwelling-house.]E+W

Section 84A(9)

[F71SCHEDULE 2AE+WAbsolute ground for possession for anti-social behaviour: serious offences

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Amendments (Textual)

Violent offencesE+W

1Murder.E+W

2Manslaughter.E+W

3Kidnapping.E+W

4False imprisonment.E+W

5An offence under any of the following sections of the Offences against the Person Act 1861—E+W

(a)section 4 (soliciting murder),

(b)section 16 (threats to kill),

(c)section 18 (wounding with intent to cause grievous bodily harm),

(d)section 20 (malicious wounding),

(e)section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence),

(f) section 22 (using chloroform etc. to commit or assist in the committing of any indictable offence),

(g) section 23 (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm),

(h) section 24 (maliciously administering poison etc. with intent to injure, aggrieve or annoy any other person),

(i)section 27 (abandoning or exposing children whereby life is endangered or health permanently injured),

(j)section 28 (causing bodily injury by explosives),

(k) section 29 (using explosives etc. with intent to do grievous bodily harm),

(l)section 30 (placing explosives with intent to do bodily injury),

(m) section 31 (setting spring guns etc. with intent to do grievous bodily harm),

(n)section 38 (assault with intent to resist arrest),

(o)section 47 (assault occasioning actual bodily harm).

6An offence under any of the following sections of the Explosive Substances Act 1883—E+W

(a)section 2 (causing explosion likely to endanger life or property),

(b)section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property),

(c)section 4 (making or possession of explosive under suspicious circumstances).

7An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).E+W

8An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).E+W

9An offence under section 1 of the Infanticide Act 1938 (infanticide).E+W

10An offence under any of the following sections of the Public Order Act 1986—E+W

(a)section 1 (riot),

(b)section 2 (violent disorder),

(c)section 3 (affray).

11An offence under either of the following sections of the Protection from Harassment Act 1997—E+W

(a)section 4 (putting people in fear of violence),

(b)section 4A (stalking involving fear of violence or serious alarm or distress).

12An offence under any of the following provisions of the Crime and Disorder Act 1998—E+W

(a)section 29 (racially or religiously aggravated assaults),

(b)section 31(1)(a) or (b) (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986),

(c) section 32 (racially or religiously aggravated harassment etc. ).

13An offence under either of the following sections of the Female Genital Mutilation Act 2003—E+W

(a)section 1 (female genital mutilation),

(b)section 2 (assisting a girl to mutilate her own genitalia).

14An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).E+W

Sexual offencesE+W

15An offence under section 33A of the Sexual Offences Act 1956 (keeping a brothel used for prostitution).E+W

16An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).E+W

17An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).E+W

18An indictable offence under Part 1 of the Sexual Offences Act 2003 (sexual offences).E+W

Offensive weaponsE+W

19An offence under either of the following sections of the Prevention of Crime Act 1953—E+W

(a)section 1 (prohibition of the carrying of offensive weapons without lawful authority or reasonable excuse),

(b)section 1A (threatening with offensive weapon in public).

20An offence under any of the following provisions of the Firearms Act 1968—E+W

(a)section 16 (possession of firearm with intent to endanger life),

(b)section 16A (possession of firearm with intent to cause fear of violence),

(c)section 17(1) (use of firearm to resist arrest),

(d)section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to the Act of 1968),

(e)section 18 (carrying a firearm with criminal intent),

(f)section 19 (carrying a firearm in a public place),

(g)section 20 (trespassing with firearm),

(h)section 21 (possession of firearms by persons previously convicted of crime).

21An offence under either of the following sections of the Criminal Justice Act 1988—E+W

(a)section 139 (having article with blade or point in public place),

(b)section 139AA (threatening with article with blade or point or offensive weapon).

Offences against propertyE+W

22An offence under any of the following sections of the Theft Act 1968—E+W

(a)section 8 (robbery or assault with intent to rob),

(b)section 9 (burglary),

(c)section 10 (aggravated burglary).

23An offence under section 1 of the Criminal Damage Act 1971 (destroying or damaging property).E+W

24An offence under section 30 of the Crime and Disorder Act 1998 (racially or religiously aggravated criminal damage).E+W

Road traffic offencesE+W

25An offence under section 35 of the Offences against the Person Act 1861 (injuring persons by furious driving).E+W

26An offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking involving an accident which caused the death of any person).E+W

27An offence under any of the following sections of the Road Traffic Act 1988—E+W

(a)section 1 (causing death by dangerous driving),

(b)section 1A (causing serious injury by dangerous driving),

(c)section 3A (causing death by careless driving when under influence of drink or drugs).

Drug-related offencesE+W

28An offence under any of the following provisions of the Misuse of Drugs Act 1971—E+W

(a)section 4 (restriction of production and supply of controlled drugs),

(b)section 5(3) (possession of controlled drugs with intent to supply),

(c) section 8(a) or (b) (occupiers etc. of premises to be punishable for permitting unlawful production or supply etc. of controlled drugs there).

29An offence under section 6 of that Act (restrictions of cultivation of cannabis plant) where the cultivation is for profit and the whole or a substantial part of the dwelling-house concerned is used for the cultivation.E+W

[F72Modern slavery E+W

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Amendments (Textual)

F7329AAn offence under either of the following sections of the Modern Slavery Act 2015—E+W

(a)section 1 (slavery, servitude and forced or compulsory labour),

(b)section 2 (human trafficking).]

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Amendments (Textual)

F73Sch. 2A para. 29A and cross-heading inserted (E.) (17.3.2016) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 7

[F73Inchoate offencesE+W

30(1)An offence of attempting or conspiring the commission of an offence specified or described in this Schedule.E+W

(2)An offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence specified or described in this Schedule.

(3)An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Schedule.

Scope of offencesE+W

31Where this Schedule refers to offences which are offences under the law of England and Wales and another country or territory, the reference is to be read as limited to the offences so far as they are offences under the law of England and Wales.]]E+W

Section 92.

F74F75F76F77F78SCHEDULE 3E+W Grounds for Withholding Consent to Assignment by Way of Exchange

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Amendments (Textual)

Modifications etc. (not altering text)

[F79 Ground 1]E+W

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Amendments (Textual)

[F80The tenant or the proposed assignee is subject to an order of the court for the possession of the dwelling-house of which he is the secure tenant.]

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Amendments (Textual)

Ground 2E+W

Proceedings have been begun for possession of the dwelling-house of which the tenant or the proposed assignee is the secure tenant on one or more of grounds 1 to 6 in Part I of Schedule 2 (grounds on which possession may be ordered despite absence of suitable alternative accommodation), or there has been served on the tenant or the proposed assignee a notice under section 83 [F76or 83ZA ] (notice of proceedings for possession) which specifies one or more of those grounds and is still in force.

[F78Ground 2ZAE+W

Proceedings have been begun for possession of the dwelling-house, of which the tenant or the proposed assignee is the secure tenant, under section 84A (absolute ground for possession for anti-social behaviour), or there has been served on the tenant or the proposed assignee a notice under section 83ZA (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour) which is still in force.]

[F81Ground 2AE+W

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Amendments (Textual)

F81Sch. 3 Ground 2A inserted (6.6.2005 for E. and 14.7.2005 for W.) by Housing Act 2004 (c. 34), ss. 191, 270(4)(5); S.I. 2005/1451, art. 2(b); S.I. 2005/1814, art. 2(a)

  • Either—

    (a)

    a relevant order [F82, a suspended anti-social behaviour possession order or a suspended riot-related possession order] is in force, or

    (b)

    an application is pending before any court for a relevant order, a demotion order [F83, an anti-social behaviour possession order or a riot-related possession order] to be made,

    in respect of the tenant or the proposed assignee or a person who is residing with either of them.

  • A “ relevant order ” means—

    • an injunction under section 152 of the Housing Act 1996 (injunctions against anti-social behaviour);

    • an injunction to which a power of arrest is attached by virtue of section 153 of that Act (other injunctions against anti-social behaviour);

    • an injunction under section 153A, 153B or 153D of that Act (injunctions against anti-social behaviour on application of certain social landlords);

    • an anti-social behaviour order under section 1 of the Crime and Disorder Act 1998; F75 ...

    • an injunction to which a power of arrest is attached by virtue of section 91 of the Anti-social Behaviour Act 2003 [F84or section 27 of the Police and Justice Act 2006].

    • [F77an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014;

    • an order under section 22 of that Act.]

  • [F85 An “ anti-social behaviour possession order ” means an order for possession under Ground 2 in Schedule 2 to this Act or Ground 14 in Schedule 2 to the Housing Act 1988. ]

  • A “ demotion order ” means a demotion order under section 82A of this Act or section 6A of the Housing Act 1988.

  • [F86 A “ riot-related possession order ” means an order for possession under Ground 2ZA in Schedule 2 to this Act or Ground 14ZA in Schedule 2 to the Housing Act 1988. ]

  • F87 ...

  • Where the tenancy of the tenant or the proposed assignee is a joint tenancy, any reference to that person includes (where the context permits) a reference to any of the joint tenants.]

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Amendments (Textual)

[F74Ground 2BE+W

The dwelling-house is subject to a closure notice or closure order under Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014.]

Ground 3E+W

The accommodation afforded by the dwelling-house is substantially more extensive than is reasonably required by the proposed assignee.

Ground 4E+W

The extent of the accommodation afforded by the dwelling-house is not reasonably suitable to the needs of the proposed assignee and his family.

Ground 5E+W

The dwelling-house—

(a)forms part of or is within the curtilage of a building which, or so much of it as is held by the landlord, is held mainly for purposes other than housing purposes and consists mainly of accommodation other than housing accommodation, or is situated in a cemetery, and

(b)was let to the tenant or a predecessor in title of his in consequence of the tenant or predecessor being in the employment of—

  • the landlord,

  • a local authority,

  • a [F88development] corporation,

  • [F89a housing action trust]

  • F90. . .

  • [F91a Mayoral development corporation,]

  • an urban development corporation, or

  • the governors of an aided school.

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Amendments (Textual)

F89Entry in Sch. 3 Ground 5(b) inserted by Housing Act 1988 (c. 50, SIF 61), s. 83(6)(c)

F90Entry in Sch. 3 Ground 5(b) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F91Entry in Sch. 3 Ground 5(b) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 18

Ground 6E+W

The landlord is a charity and the proposed assignee’s occupation of the dwelling-house would conflict with the objects of the charity.

Ground 7E+W

The dwelling-house has features which are substantially different from those of ordinary dwelling-houses and which are designed to make it suitable for occupation by a physically disabled person who requires accommodation of the kind provided by the dwelling-house and if the assignment were made there would no longer be such a person residing in the dwelling-house.

Ground 8E+W

The landlord is a housing association or housing trust which lets dwelling-houses only for occupation (alone or with others) by persons whose circumstances (other than merely financial circumstances) make it especially difficult for them to satisfy their need for housing and if the assignment were made there would no longer be such a person residing in the dwelling-house.

Ground 9E+W

The dwelling-house is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by persons with special needs and a social service or special facility is provided in close proximity to the group of dwelling-houses in order to assist persons with those special needs and if the assignment were made there would no longer be a person with those special needs residing in the dwelling-house.

[F92 Ground 10E+W

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Amendments (Textual)

The dwelling-house is the subject of a management agreement under which the manager is a housing association of which at least half the members are tenants of dwelling-houses subject to the agreement, at least half the tenants of the dwelling-houses are members of the association and the proposed assignee is not, and is not willing to become, a member of the association.]

[F93Reference to a management agreement includes a section 247 or 249 arrangement, as defined by section 250A(6) of the Housing and Regeneration Act 2008.]

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Amendments (Textual)

[F94SCHEDULE 3AE+W Consultation before Disposal to Private Sector Landlord

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Amendments (Textual)

Disposals to which this Schedule appliesE+W

1(1)This Schedule applies to the disposal by a local authority of an interest in land as a result of which a secure tenant [F95or an introductory tenant] of the authority will become the tenant of a private sector landlord.E+W

(2)For the purposes of this Schedule the grant of an option which if exercised would result in a secure tenant [F95or an introductory tenant] of a local authority becoming the tenant of a private sector landlord shall be treated as a disposal of the interest which is the subject of the option.

(3)Where a disposal of land by a local authority is in part a disposal to which this Schedule applies, the provisions of this Schedule apply to that part as to a separate disposal.

(4) In this paragraph “ private sector landlord ” means a person other than an authority or body within section 80 (the landlord condition for secure tenancies).

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Amendments (Textual)

F95Words in Sch. 3A para. 1(1)(2) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(l)(i)

Application for Secretary of State’s consentE+W

2(1)The Secretary of State shall not entertain an application for his consent to a disposal to which this Schedule applies unless the authority certify either—E+W

(a)that the requirements of paragraph 3 as to consultation have been complied with, or

(b)that the requirements of that paragraph as to consultation have been complied with except in relation to tenants expected to have vacated the dwelling-house in question before the disposal;

and the certificate shall be accompanied by a copy of the notices given by the authority in accordance with that paragraph.

(2)Where the certificate is in the latter form, the Secretary of State shall not determine the application until the authority certify as regards the tenants nor originally consulted—

(a)that they have vacated the dwelling-house in question, or

(b)that the requirements of paragraph 3 as to consultation have been complied with;

and a certificate under sub-paragraph (b) shall be accompanied by a copy of the notices given by the authority in accordance with paragraph 3.

(3)References in this Schedule to the Secretary of State’s consent to a disposal are to the consent required by section 32 or 43 (general requirement of consent for disposal of houses or land held for housing purposes).

Requirements as to consultationE+W

3(1)The requirements as to consultation referred to above are as follows.E+W

(2)The authority shall serve notice in writing on the tenant informing him of—

(a)such details of their proposal as the authority consider appropriate, but including the identity of the person to whom the disposal is to be made,

(b)the likely consequences of the disposal for the tenant, and

(c)the effect of the provisions of this Schedule and [F96, in the case of a secure tenant,] of sections 171A to 171H (preservation of right to buy on disposal to private sector landlord),

and informing him that he may, within such reasonable period as may be specified in the notice, make representations to the authority.

(3)The authority shall consider any representations made to them within that period and shall serve a further written notice on the tenant informing him—

(a)of any significant changes in their proposal, and

(b)that he may within such period as is specified (which must be at least 28 days after the service of the notice) communicate to the Secretary of State his objection to the proposal,

and informing him of the effect of paragraph 5 (consent to be withheld if majority of tenants are opposed).

[F97(4)When a notice has been served under sub-paragraph (3) the authority shall arrange a ballot of the tenants in accordance with sub-paragraph (5) to establish whether or not the tenants wish the disposal to proceed.

(5)The authority shall—

(a)make arrangements for such person as they consider appropriate to conduct the ballot in such manner as that person considers appropriate; or

(b)conduct the ballot themselves.

(6)After the ballot has been held the authority shall serve a notice on each tenant (whether or not he voted in the ballot) informing him—

(a)of the ballot result; and

(b)if the authority intend to proceed with the disposal, that he may within 28 days after the service of the notice make representations to the Secretary of State or (as the case may be) the Welsh Ministers.]

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Amendments (Textual)

F96Words in Sch. 3A para. 3(2)(c) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(l)(ii)

F97Sch. 3A para. 3(4)-(6) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 294(2), 325(2) (with s. 294(5)(6))

Power to require further consultationE+W

4The Secretary of State may require the authority to carry out such further consultation with their tenants, and to give him such information as to the results of that consultation, as he may direct.E+W

Consent to be withheld if majority of tenants are opposedE+W

5(1)The Secretary of State shall not give his consent if [F98the result of a ballot arranged under paragraph 3(4) shows] that a majority of the tenants of the dwelling-houses to which the application relates [F99who voted in the ballot] do not wish the disposal to proceed; but this does not affect his general discretion to refuse consent on grounds relating to whether a disposal has the support of the tenants or on any other ground.E+W

(2)In making his decision the Secretary of State may have regard to any information available to him; and the local authority shall give him such information as to the representations made to them by tenants and others, and other relevant matters, as he may require.

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Amendments (Textual)

F98Words in Sch. 3A para. 5(1) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 294(3)(a), 325(2) (with s. 294(5)(6))

F99Words in Sch. 3A para. 5(1) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 294(3)(b), 325(2) (with s. 294(5)(6))

[F100GuidanceE+W

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Amendments (Textual)

F100Sch. 3A para. 5A and preceding cross-heading inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 294(4), 325(2) (with s. 294(5)(6))

5A(1)The appropriate person must give guidance to local authorities about complying with the requirements of paragraph 3 as to consultation.E+W

(2)The appropriate person must publish guidance given under this paragraph as soon as reasonably practicable after giving it.

(3)Local authorities must, in complying with the requirements of paragraph 3 as to consultation, have regard to the guidance for the time being in force under this paragraph.

(4)The appropriate person may revoke guidance given under this paragraph.

(5)References in this paragraph to giving guidance include references to giving guidance by varying existing guidance.

(6) In this paragraph “ the appropriate person ” means—

(a)in relation to England, the Secretary of State, and

(b)in relation to Wales, the Welsh Ministers.]

Protection of purchasersE+W

6The Secretary of State’s consent to a disposal is not invalidated by a failure on his part or that of the local authority to comply with the requirements of this Schedule.]E+W

Sections 119 and 129.

SCHEDULE 4E+W Qualifying Period for Right to Buy and Discount

IntroductoryE+W

1The period to be taken into account—E+W

(a)for the purposes of section 119 (qualification for right to buy), and

(b)for the purposes of section 129 (discount).

is the period qualifying, or the aggregate of the periods qualifying, under the following provisions of this Schedule.

Periods occupying accommodation subject to public sector tenancyE+W

2A period qualifies under this paragraph if it is a period during which, before the relevant time—E+W

(a)the secure tenant, or

(b)his spouse [F101or civil partner](if they are living together at the relevant time), or

(c)a deceased spouse [F102, or deceased civil partner,] of his (if they were living together at the time of the death),

was a public sector tenant or was the spouse [F101or civil partner]of a public sector tenant and occupied as his only or principal home the dwelling-house of which the spouse [F101or civil partner] was such a tenant.

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Amendments (Textual)

3For the purposes of paragraph 2 a person who, as a joint tenant under a public sector tenancy, occupied a dwelling-house as his only or principal home shall be treated as having been the public sector tenant under that tenancy.E+W

4(1)This paragraph applies where the public sector tenant of a dwelling-house died or otherwise ceased to be a public sector tenant of the dwelling-house, and thereupon a child of his who occupied the dwelling-house as his only or principal home (the “new tenant”) became the public sector tenant of the dwelling-house (whether under the same or under another public sector tenancy).E+W

(2)A period during which the new tenant, since reaching the age of 16, occupied as his only or principal home a dwelling-house of which a parent of his was the public sector tenant or one of joint tenants under a public sector tenancy, being either—

(a)the period at the end of which he became the public sector tenant, or

(b)an earlier period ending two years or less before the period mentioned in paragraph (a) or before another period within this paragraph,

shall be treated for the purposes of paragraph 2 as a period during which he was a public sector tenant.

(3)For the purposes of this paragraph two persons shall be treated as parent and child if they would be so treated under section 186(2) (members of a person’s family: relationships other than those of the whole blood).

Periods occupying forces accommodationE+W

5A period qualifies under this paragraph if it is a period during which, before the relevant time—E+W

(a)the secure tenant, or

(b)his spouse [F103or civil partner](if they are living together at the relevant time), or

(c)a deceased spouse [F104, or deceased civil partner,] of his (if they were living together at the time of the death),

occupied accommodation provided for him as a member of the regular armed forces of the Crown or was the spouse [F103or civil partner] of a person occupying accommodation so provided and also occupied that accommodation.

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Amendments (Textual)

F104Words in Sch. 4 para. 5(c) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 34(a); S.I. 2005/3175, art. 2(1)

[F105 Periods during which right to buy is preservedE+W

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Amendments (Textual)

F105Sch. 4 para. 5A and cross heading inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 40(2); by S.I. 1992/1753, art.2(2) the insertion comes into force on 17.8.1992 (subject to a restriction in Sch. 1 para.5 of that S.I.)

F1065AA period qualifies under this paragraph if it is a period during which, before the relevant time—E+W

(a)the secure tenant, or

(b)his spouse [F107or civil partner](if they are living together at the relevant time), or

(c)a deceased spouse [F108, or deceased civil partner,] of his (if they were living together at the time of the death),

was a qualifying person for the purposes of the preserved right to buy or was the spouse [F107or civil partner] of such a person and occupied the qualifying dwelling-house as his only or principal home.]

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Amendments (Textual)

F106Sch. 4 para. 5A and cross heading inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 40(2); by S.I. 1992/1753, art. 2(2) the insertion comes into force on 17.8.1992 (subject to a restriction in Sch. 1 para. 5 of that S.I.)

F108Words in Sch. 4 para. 5A(c) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 34(a); S.I. 2005/3175, art. 2(1)

Modifications etc. (not altering text)

C6Sch. 4 para. 5A(a) modified (17.8.1992) by S.I. 1992/1709, reg. 2(a)

Meaning of “public sector tenant”E+W

6(1)In this Schedule a “public sector tenant” means a tenant under a public sector tenancy.E+W

(2)For the purposes of this Schedule, a tenancy, other than a long tenancy, under which a dwelling-house was let as a separate dwelling was a public sector tenancy at any time when the conditions described below as the landlord condition and the tenant condition were satisfied.

(3)The provisions of this Schedule apply in relation to a licence to occupy a dwelling-house (whether or not granted for consideration) as they apply in relation to a tenancy.

(4)Sub-paragraph (3) does not apply to a licence granted as a temporary expedient to a person who entered the dwelling-house or any other land as a trespasser (whether or not, before the grant of that licence, another licence to occupy that or another dwelling-house had been granted to him).

The landlord conditionE+W

7(1)The landlord condition is, subject to [F109[F110paragraphs 7A and 7B and] and to] any order under paragraph 8, that the interest of the landlord belonged to, or to a predecessor of—E+W

  • a local authority,

  • a [F111development] corporation,

  • [F112 a housing action trust]

  • the Development Board for Rural Wales,

  • an urban development corporation,

  • [F113a Mayoral development corporation, ]

  • [F114the Commission for the New Towns,]

  • the [F115[F116Regulator of Social Housing] or Housing for Wales],

  • a [F117a non-profit registered provider of social housing which is not a co-operative housing association,][F118registered social landlord] which is not a co-operative housing association,

[F119the Secretary of State where that interest belonged to him as the result of the exercise by him of functions under Part III of the Housing Associations Act 1985.]

F120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,

or to, or to a predecessor of, an authority or other body falling within sub-paragraph (2) or (3) (corresponding authorities and bodies in Scotland and Northern Ireland),

( 2 )The corresponding authorities and bodies in Scotland are—

  • a [F121 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ] ,

  • a joint board or joint committee of such a council,

  • the common good of such a council or a trust under its control,

  • a development corporation established by an order made or having effect as if made under the M4 New Towns (Scotland) Act 1968,

  • [F122the Scottish Special Housing Association]

  • [F122Scottish Homes],

  • a housing association which falls within [F123section 61(2)(a)(vi) of the Housing (Scotland) Act 1987] but is not a registered society within the meaning of section [F12345] of that Act, and

  • F124 . . .

(3)The corresponding authorities and bodies in Northern Ireland are—

  • a district council within the meaning of the M5 Local Government Act (Northern Ireland) 1972,

  • the Northern Ireland Housing Executive, and

  • a registered housing association within the meaning of Chapter II of Part II of the M6 Housing (Northern Ireland) Order 1983.

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Amendments (Textual)

F109Words in Sch. 4 para. 7(1) inserted (17.8.1992) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 40(3)(a); S.I. 1992/1753, art. 2(2) (subject to a restriction in Sch. para. 5)

F112Entry in Sch. 4 para. 7(1) inserted by Housing Act 1988 (c. 50, SIF 61) s. 83(7)

F113Words in Sch. 4 para. 7(1) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 19

F115Words in Sch. 4 para. 7(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 22 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F118Words in Sch. 4 para. 7(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(32)

F119Entry in Sch. 4 para. 7(1) inserted (15.1.1999) by S.I. 1999/61, art. 2, Sch. para. 2

F120Entry in Sch. 4 para. 7(1) repealed by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2)(3), Sch. 5 Pt. II para. 40(3)(a), Sch. 12 Pt. I

F121In Sch. 4 para. 7(2) for the reference to “regional, islands or district council”there is substituted a reference to “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”by 1994 c. 39, s. 180(1), Sch. 13 para. 142(3)(a) (which by s. 184(4) extends to Scotland only); S.I. 1996/323, art. 4(1)(c)

F122In Sch. 4 para. 7(2) for the reference to the Scottish Special Housing Association there is substituted a reference to Scottish Homes by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3(3), Sch. 2 para. 1

F123By Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 30(4)(a)(which by s. 340(3) is expressed to extend to Scotland only) it is provided that in para. 7(2) in the definition of “housing association”, for “paragraph (e) of section 10(2) of the Tenants' Rights, Etc. (Scotland) Act 1980” and “11” there are substituted (S.) “section 61(2)(a)(vi) of the Housing (Scotland) Act 1987” and “45” respectively

F124Words in Sch. 4 para. 7(2) repealed (17.8.1992) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 40(3)(b); S.I. 1992/1753, art. 2(2) (with restriction in Sch. para. 5)

Modifications etc. (not altering text)

C7Sch. 4 para. 7(1) explained by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 5(1), Sch. 3 para. 5(3)

Sch. 4 para. 7(1) modified (17.8.1992) by S.I. 1992/1709, reg. 2(b)

C10In Sch. 4 para. 7(2) for the reference to the Scottish Special Housing Association there is substituted a reference to Scottish Homes by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3(3), Sch. 2 para. 1

Marginal Citations

[F1257A(1)The landlord condition shall be treated as having been satisfied in the case of a dwelling-house comprised in a housing co-operative agreement made—E+W

(a)in England and Wales, by a local housing authority, new town corporation or the Development Board for Rural Wales, or

(b)in Scotland, by [F126a local housing authority],

if the interest of the landlord belonged to the housing co-operative.

(2) In sub-paragraph (1) “ housing co-operative agreement ” and “ housing co-operative ”—

(a)as regards England and Wales have the same meaning as in section 27B (agreements with housing co-operatives under superseded provisions), and

(b)as regards Scotland mean an agreement made under section 5 of the Housing Rents and Subsidies (Scotland) Act 1975 and a housing co-operative within the meaning of that section.]

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Amendments (Textual)

F125Sch. 4 para. 7A inserted (17.8.1992) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 40(4); S.I. 1992/1753, art. 2(2) (subject to a restriction in Sch. para. 5)

F126In Sch. 4 para. 7A(1)(b) for the reference to “an islands or district council”there is substituted a reference to “a local housing authority”by 1994 c. 39, s. 180(1), Sch. 13 para. 142(3)(b) (which by s. 184(4) extends to Scotland only); S.I. 1996/323, art. 4(1)(c)

[F1277BThe landlord condition shall be treated as having been satisfied in the case of a dwelling-house let under a tenancy falling within section 80(2A) to (2E) at any time if, at that time, the interest of the landlord belonged to—E+W

(a)the Homes and Communities Agency,

[F128(aa)the Greater London Authority, or]

(b)the Welsh Ministers.]

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Amendments (Textual)

F128Sch. 4 para. 7B(aa) substituted (1.4.2012) for word by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 20; S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

8(1)The landlord condition shall also be treated as having been satisfied, in such circumstances as may be prescribed for the purposes of this paragraph by order of the Secretary of State, if the interest of the landlord belonged to a person who is so prescribed.E+W

(2)An order under this paragraph—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The tenant conditionE+W

9The tenant condition is that the tenant was an individual and occupied the dwelling-house as his only or principal home; or, where the tenancy was a joint tenancy, that each of the joint tenants was an individual and at least one of them occupied the dwelling-house as his only or principal home.E+W

[F1299AThe tenant condition is not met during any period when a tenancy is a demoted tenancy by virtue of section 20B of the Housing Act 1988 or section 143A of the Housing Act 1996.]E+W

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Amendments (Textual)

F129Sch. 4 para. 9A inserted (30.6.2004 for E. and 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c.38), ss. 14, 93(1), Sch. 1 para. 2(5); S.I. 2004/1502, art. 2 (subject to Sch.); S.I. 2005/1225, art. 2(b)

Application to certain housing association tenanciesE+W

10For the purpose of determining whether at any time a tenant of a housing association was a public sector tenant and his tenancy a public sector tenancy, the association shall be deemed to have been registered at that time, under [F130Part 2 of the Housing and Regeneration Act 2008,][F131Part I of the Housing Act 1996 or Part I of the Housing Associations Act 1985 or under] the corresponding Northern Ireland legislation, if it was so registered at any later time.E+W

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Amendments (Textual)

F131Words in Sch. 4 para. 10 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(32)

SCHEDULE 5E+W Exceptions to the Right to Buy

CharitiesE+W

1The right to buy does not arise if the landlord is a housing trust or a housing association and is a charity.E+W

Certain housing associationsE+W

2The right to buy does not arise if the landlord is a co-operative housing association.E+W

3The right to buy does not arise if the landlord is a housing association which at no time received a grant under—E+W

  • any enactment mentioned in paragraph 2 of Schedule 1 to the Housing Associations Act 1985 (grants under enactments superseded by the M7Housing Act 1974),

  • section 31 of the M8Housing Act 1974 (management grants),

  • section 41 of the M9Housing Associations Act 1985 (housing association grants),

  • section 54 of that Act (revenue deficit grants),

  • section 55 of that Act (hostel deficit grants), . . . F132

  • [F133section 58] of that Act (grants by local authorities).

  • [F134 section 50 of the Housing Act 1988 (housing association grants), F135 . . .

  • section 51 of that Act (revenue deficit grants).]

  • [F136 section 18 of the Housing Act 1996 (social housing grants), ] F137[F138...

  • section 22 of [F139 that Act ] (grants by local authorities for registered social landlords)] [F140, or

  • section 19 of the Housing and Regeneration Act 2008 (financial assistance) which was a grant made on condition that the housing association provides social housing F141 ... . ]

  • [F142or a grant from the Greater London Authority which was a grant made on condition that the housing association provides social housing.]

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Amendments (Textual)

F133Words in Sch. 5 para. 3 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(33)(a)

F135Word in Sch. 5 para. 3 repealed (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with art. 4(2)-(4))

F136Entry in Sch. 5 para. 3 inserted (1.4.1997) by S.I. 1997/627, art. 2, Sch. para. 3(4)(a)

F138Entry in Sch. 5 para. 3 and word preceding it inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(33)(b)

F139Words in Sch. 5 para. 3 substituted (1.4.1997) by S.I. 1997/627, art. 2, Sch. para. 3(4)(b)

F140Entry in Sch. 5 para. 3 and word preceding it inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 35; S.I. 2010/862, art. 2 (with Sch.)

F142Entry in Sch. 5 para. 3 inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 21(b); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

Marginal Citations

Landlord with insufficient interest in the propertyE+W

4The right to buy does not arise unless the landlord owns the freehold or has an interest sufficient to grant a lease in pursuance of this Part for—E+W

(a)where the dwelling-house is a house, a term exceeding 21 years, or

(b)where the dwelling-house is a flat, a term of not less than 50 years,

commencing, in either case, with the date on which the tenant’s notice claiming to exercise the right to buy is served.

Dwelling-houses let in connection with employmentE+W

5(1)The right to buy does not arise if the dwelling-house—E+W

(a)forms part of, or is within the curtilage of, a building which, or so much of it as is held by the landlord, is held mainly for purposes other than housing purposes and consists mainly of accommodation other than housing accommodation, or is situated in a cemetery, and

(b)was let to a tenant or a predecessor in title of his in consequence of the tenant or predecessor being in the employment of the landlord or of—

  • a local authority,

  • a [F143development] corporation,

  • [F144a housing action trust]

  • F145. . .

  • [F146a Mayoral development corporation, ]

  • an urban development corporation, or

  • the governors of an aided school.

(2)In sub-paragraph (1)(a) “housing purposes” means the purposes for which dwelling-houses are held by local housing authorities under Part II (provision of housing) or purposes corresponding to those purposes.

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Amendments (Textual)

F144Entry in Sch. 5 para. 5(1)(b) inserted by Housing Act 1988 (c. 50, SIF 61), s. 83(6)(d)

F145Entry in Sch. 5 para. 5(1)(b) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F146Entry in Sch. 5 para. 5(1)(b) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 20

Modifications etc. (not altering text)

Certain dwelling-houses for the disabledE+W

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F147E+W

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Amendments (Textual)

F147Sch. 5 paras. 6, 8 repealed by Housing Act 1988 (c. 50, SIF 61), ss. 123(2)(3), 140(2), Sch. 18 (with a saving in s.123(3))

7The right to buy does not arise if the dwelling-house has features which are substantially different from those of ordinary dwelling-houses and are designed to make it suitable for occupation by physically disabled persons, and—E+W

(a)it is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by physically disabled persons, and

(b)a social service or special facilities are provided in close proximity to the group of dwelling-houses wholly or partly for the purpose of assisting those persons.

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148E+W

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Amendments (Textual)

F148Sch. 5 paras. 6, 8 repealed by Housing Act 1988 (c. 50, SIF 61), ss. 123(2)(3), 140(2), Sch. 18 (with a saving in s.123(3))

9(1)The right to buy does not arise if—E+W

(a)the dwelling-house is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by persons who are suffering or have suffered from a mental disorder, and

(b)a social service or special facilities are provided wholly or partly for the purpose of assisting those persons.

(2)In sub-paragraph (1)(a) “mental disorder” has the same meaning as in the M10Mental Health Act 1983

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Marginal Citations

Certain dwelling-houses for persons of pensionable ageE+W

10(1)The right to buy does not arise if the dwelling-house is one of a group of dwelling-houses—E+W

(a)which are particularly suitable, having regard to their location, size, design, heating systems and other features, for occupation by [F149elderly persons] and

(b)which it is the practice of the landlord to let for occupation by [F149persons aged 60 or more], or for occupation by such persons and physically disabled persons,

and special facilities such as are mentioned in sub-paragraph (2) are provided wholly or mainly for the purposes of assisting those persons.

(2)The facilities referred to above are facilities which consist of or include—

(a)the services of a resident warden, or

(b)the services of a non-resident warden, a system for calling him and the use of a common room in close proximity to the group of dwelling-houses.

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Amendments (Textual)

F149Words in Sch. 5 para. 10(1) substituted (11.10.1993) by 1993 c. 28, s. 106(1)(3); S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)(3)).

[F15011(1)The right to buy does not arise if the dwelling-house—E+W

(a)is particularly suitable, having regard to its location, size, design, heating system and other features, for occupation by elderly persons, and

(b)was let to the tenant or a predecessor in title of his for occupation by a person who was aged 60 or more (whether the tenant or predecessor or another person).

(2)In determining whether a dwelling is particularly suitable, no regard shall be had to the presence of any feature provided by the tenant or a predecessor in title of his.

(3)Notwithstanding anything in section 181 (jurisdiction of county court), any question arising under this paragraph shall be determined as follows.

(4)If an application for the purpose is made by the tenant to the [F151the appropriate tribunal or authority] before the end of the period of 56 days beginning with the service of the landlord’s notice under section 124, the question shall be determined by [F151the appropriate tribunal or authority] .

(5)If no such application is so made, the question shall be deemed to have been determined in favour of the landlord.

[F152(5A) In this paragraph “ the appropriate tribunal or authority ” means—

(a)in relation to England, [F153the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal]; and

(b)in relation to Wales, the Secretary of State.

[F154(5B)For appeals, see section 11 of the Tribunals, Courts and Enforcement Act 2007 (for decisions of the First-tier Tribunal) and section 65A of the Rent Act 1977 (for decisions of a rent assessment committee).]

(6)This paragraph does not apply unless the dwelling-house concerned was first let before 1st January 1990.]]

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Amendments (Textual)

F150Sch. 5 para. 11 substituted (11.10.1993) by 1993 c. 28, s. 106(2)(3)(4); S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F151Words in Sch. 5 para. 11(4) substituted (4.7.2005 for E. and otherwise prosp.) by Housing Act 2004 (c. 34), ss.181(2)(5), 270(4)(5); S.I. 2005/1729, art. 2(a) (subject to art. 3)

F152Sch. 5 para. 11(5A)(5B) inserted (4.7.2005 for E. and otherwise prosp.) by Housing Act 2004 (c. 34), ss. 181(3)(5), 270(4)(5); S.I. 2005/1729, art. 2(a) (subject to art. 3)

F153Words in Sch. 5 para. 11(5A)(a) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 48(a) (with Sch. 3)

Dwelling-houses held on Crown tenanciesE+W

12(1)The right to buy does not arise if the dwelling-house is held by the landlord on a tenancy from the Crown, unless—E+W

(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).

[F155Dwelling-house due to be demolished within 24 monthsE+W

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Amendments (Textual)

F155Sch. 5 paras. 13-16 and preceding cross-heading inserted (18.1.2004) by Housing Act 2004 (c. 34), ss. 182, 270(3)(a)

13(1)The right to buy does not arise if a final demolition notice is in force in respect of the dwelling-house.E+W

(2) A “ final demolition notice ” is a notice—

(a)stating that the landlord intends to demolish the dwelling-house or (as the case may be) the building containing it (“the relevant premises”),

(b)setting out the reasons why the landlord intends to demolish the relevant premises,

(c)specifying—

(i) the date by which he intends to demolish those premises (“ the proposed demolition date ”), and

(ii)the date when the notice will cease to be in force (unless extended under paragraph 15),

(d)stating that one of conditions A to C in paragraph 14 is satisfied in relation to the notice (specifying the condition concerned), and

(e)stating that the right to buy does not arise in respect of the dwelling-house while the notice is in force.

(3)If, at the time when the notice is served, there is an existing claim to exercise the right to buy in respect of the dwelling-house, the notice shall (instead of complying with sub-paragraph (2)(e)) state—

(a)that that claim ceases to be effective on the notice coming into force, but

(b)that section 138C confers a right to compensation in respect of certain expenditure,

and the notice shall also give details of that right to compensation and of how it may be exercised.

(4)The proposed demolition date must fall within the period of 24 months beginning with the date of service of the notice on the tenant.

(5)For the purposes of this paragraph a final demolition notice is in force in respect of the dwelling-house concerned during the period of 24 months mentioned in sub-paragraph (4), but this is subject to—

(a)compliance with the conditions in sub-paragraphs (6) and (7) (in a case to which they apply), F156. . .

(b)the provisions of paragraph 15(1) to [F157(7A)][F158, and

(c)the provisions of paragraph 15A]

.

(6)If—

(a)the dwelling-house is contained in a building which contains one or more other dwelling-houses, and

(b)the landlord intends to demolish the whole of the building,

the landlord must have served a final demolition notice on the occupier of each of the dwelling-houses contained in it (whether addressed to him by name or just as “the occupier”).

An accidental omission to serve a final demolition notice on one or more occupiers does not prevent the condition in this sub-paragraph from being satisfied.

(7)A notice stating that the landlord intends to demolish the relevant premises must have appeared—

(a)in a local or other newspaper circulating in the locality in which those premises are situated (other than one published by the landlord), and

(b)in any newspaper published by the landlord, and

(c)on the landlord’s website (if he has one).

(8)The notice mentioned in sub-paragraph (7) must contain the following information—

(a)sufficient information to enable identification of the premises that the landlord intends to demolish;

(b)the reasons why the landlord intends to demolish those premises;

(c)the proposed demolition date;

(d)the date when any final demolition notice or notices relating to those premises will cease to be in force, unless extended or revoked under paragraph 15;

(e)that the right to buy will not arise in respect of those premises or (as the case may be) in respect of any dwelling-house contained in them;

(f)that there may be a right to compensation under section 138C in respect of certain expenditure incurred in respect of any existing claim.

(9)In this paragraph and paragraphs 14 and 15 [F159(other than paragraph 15(7A)] any reference to the landlord, in the context of a reference to an intention or decision on his part to demolish or not to demolish any premises, or of a reference to the acquisition or transfer of any premises, includes a reference to a superior landlord.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F156Word in Sch. 5 para. 13(5)(a) repealed (22.9.2008 for E. and otherwise prosp.) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 321(1), 325(2), Sch. 13 para. 2(2)(a), Sch. 16 (with Sch. 13 para. 14)

F157Word in Sch. 5 para. 13(5)(b) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 2(2)(b) (with Sch. 13 para. 14)

F158Sch. 5 para. 13(5)(c) and word inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 2(2)(c) (with Sch. 13 para. 14)

F159Words in Sch. 5 para. 13(9) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 2(3) (with Sch. 13 para. 14)

14(1)A final demolition notice may only be served for the purposes of paragraph 13 if one of conditions A to C is satisfied in relation to the notice.E+W

(2)Condition A is that the proposed demolition of the dwelling-house does not form part of a scheme involving the demolition of other premises.

(3)Condition B is that—

(a)the proposed demolition of the dwelling-house does form part of a scheme involving the demolition of other premises, but

(b)none of those other premises needs to be acquired by the landlord in order for the landlord to be able to demolish them.

(4)Condition C is that—

(a)the proposed demolition of the dwelling-house does form part of a scheme involving the demolition of other premises, and

(b)one or more of those premises need to be acquired by the landlord in order for the landlord to be able to demolish them, but

(c)in each case arrangements for their acquisition are in place.

(5)For the purposes of sub-paragraph (4) arrangements for the acquisition of any premises are in place if—

(a)an agreement under which the landlord is entitled to acquire the premises is in force, or

(b)a notice to treat has been given in respect of the premises under section 5 of the Compulsory Purchase Act 1965, or

(c)a vesting declaration has been made in respect of the premises under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981.

(6)In this paragraph—

  • premises ” means premises of any description;

  • scheme ” includes arrangements of any description.

15(1)The Secretary of State may, on an application by the landlord, give a direction extending or further extending the period during which a final demolition notice is in force in respect of a dwelling-house.E+W

(2)A direction under sub-paragraph (1) may provide that any extension of that period is not to have effect unless the landlord complies with such requirements relating to the service of further notices as are specified in the direction.

(3)A direction under sub-paragraph (1) may only be given at a time when the demolition notice is in force (whether by virtue of paragraph 13 or this paragraph).

(4) If, while a final demolition notice is in force, the landlord decides not to demolish the dwelling-house in question, he must, as soon as is reasonably practicable, serve a notice (“ a revocation notice ”) on the tenant which informs him—

(a)of the landlord’s decision, and

(b)that the demolition notice is revoked as from the date of service of the revocation notice.

(5)If, while a final demolition notice is in force, it appears to the Secretary of State that the landlord has no intention of demolishing the dwelling-house in question, he may serve a notice (“a revocation notice”) on the tenant which informs him—

(a)of the Secretary of State’s conclusion, and

(b)that the demolition notice is revoked as from the date of service of the revocation notice.

Section 169 applies in relation to the Secretary of State’s power under this sub-paragraph as it applies in relation to his powers under the provisions mentioned in subsection (1) of that section.

(6)But the Secretary of State may not serve a revocation notice unless he has previously served a notice on the landlord which informs him of the Secretary of State’s intention to serve the revocation notice.

(7)Where a revocation notice is served under sub-paragraph (4) or (5), the demolition notice ceases to be in force as from the date of service of the revocation notice.

[F160(7A)Sub-paragraphs (4) to (7) do not apply if the landlord is selling or otherwise transferring his interest as landlord to another person or is offering it for sale or for other transfer.]

(8)Once a final demolition notice [F161 (“the earlier notice”)] has (for any reason) ceased to be in force in respect of a dwelling-house without it being demolished, no further final demolition notice [F162(and no initial demolition notice)] may be served in respect of it [F163, by the landlord who served the earlier notice or any landlord who served a continuation notice in respect of the earlier notice,] during the period of 5 years following the time when the [F164earlier] notice ceases to be in force, unless—

(a)[F165the further final demolition notice (or, as the case may be, the initial demolition notice)] is served with the consent of the Secretary of State, and

(b)it states that it is so served.

(9)The Secretary of State’s consent under sub-paragraph (8) may be given subject to compliance with such conditions as he may specify.

[F166(10) In sub-paragraph (8) “ initial demolition notice ” has the meaning given by paragraph 1 of Schedule 5A (initial demolition notices). ]

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Amendments (Textual)

F161Words in Sch. 5 para. 15(8) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 3(3)(a) (with Sch. 13 para. 14)

F162Words in Sch. 5 para. 15(8) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 3(3)(b) (with Sch. 13 para. 14)

F163Words in Sch. 5 para. 15(8) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 3(3)(c) (with Sch. 13 para. 14)

F164Word in Sch. 5 para. 15(8) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 3(3)(d) (with Sch. 13 para. 14)

F165Words in Sch. 5 para. 15(8)(a) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 3(3)(e) (with Sch. 13 para. 14)

[F16715A(1)This paragraph applies if—E+W

(a)a final demolition notice is in force in respect of a dwelling-house, and

(b)the landlord transfers his interest as landlord to another person.

(2)The final demolition notice (“the original notice”) continues in force but this is subject to—

(a)paragraphs 13(5) and 15, and

(b)the following provisions of this paragraph.

(3)Sub-paragraph (4) applies if the transferee—

(a)intends to demolish the dwelling-house, but

(b)has not—

(i)served a continuation notice, and

(ii)complied with the conditions in sub-paragraphs (8) and (10),

within the period of 2 months beginning with the date of transfer.

(4)The transferee must proceed under paragraph 15(4) as if the transferee has decided not to demolish the dwelling-house (and paragraph 15(5) to (7) applies on the same basis).

(5)A continuation notice is a notice—

(a)stating that the transferee—

(i)has acquired the interest concerned, and

(ii)intends to demolish the dwelling-house or (as the case may be) the building containing it (“the relevant premises”),

(b)setting out the reasons why the transferee intends to demolish the relevant premises,

(c)stating that one of conditions A to C in paragraph 14 is satisfied in relation to the original notice (specifying the condition concerned),

(d)stating that the original notice is to continue in force, and

(e)explaining the continued effect of the original notice.

(6)A continuation notice may not vary the proposed demolition date in the original notice nor the date when the original notice will cease to be in force.

(7)Sub-paragraph (8) applies if—

(a)the dwelling-house is contained in a building which contains one or more other dwelling-houses, and

(b)the transferee intends to demolish the whole of the building.

(8)The transferee must serve a continuation notice on the occupier of each of the dwelling-houses contained in the building (whether addressed to him by name or just as “the occupier”).

(9)An accidental omission to serve a continuation notice on one or more occupiers does not prevent the condition in sub-paragraph (8) from being satisfied.

(10)Paragraph 13(7) and (8) apply in relation to the transferee's intention to demolish so as to impose a condition on the transferee for a notice to appear within the period of 2 months beginning with the date of transfer.

(11)Sub-paragraphs (7) to (10) above apply instead of paragraph 13(6) to (8) in relation to a final demolition notice so far as continued in force under this paragraph.]

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Amendments (Textual)

16(1)Any notice under paragraph 13 [F168, 15 or 15A] may be served on a person—E+W

(a)by delivering it to him, by leaving it at his proper address or by sending it by post to him at that address, or

(b)if the person is a body corporate, by serving it in accordance with paragraph (a) on the secretary of the body.

(2)For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents by post) the proper address of a person on whom a notice is to be served shall be—

(a)in the case of a body corporate or its secretary, that of the registered or principal office of the body, and

(b)in any other case, the last known address of that person.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F168Words in Sch. 5 para. 16(1) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 5 (with Sch. 13 para. 14)

Section 138A

[F169SCHEDULE 5AE+WInitial demolition notices

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Amendments (Textual)

F169Sch. 5A inserted (18.1.2004) by Housing Act 2004 (c. 34), ss. 183(3), 270(3)(a), Sch. 9

Initial demolition noticesE+W

1(1) For the purposes of this Schedule an “ initial demolition notice ”is a notice served on a secure tenant— E+W

(a)stating that the landlord intends to demolish the dwelling-house or (as the case may be) the building containing it (“the relevant premises”),

(b)setting out the reasons why the landlord intends to demolish the relevant premises,

(c)specifying the period within which he intends to demolish those premises, and

(d)stating that, while the notice remains in force, he will not be under any obligation to make such a grant as is mentioned in section 138(1) in respect of any claim made by the tenant to exercise the right to buy in respect of the dwelling-house.

(2)An initial demolition notice must also state—

(a)that the notice does not prevent—

(i)the making by the tenant of any such claim, or

(ii)the taking of steps under this Part in connection with any such claim up to the point where section 138(1) would otherwise operate in relation to the claim, or

(iii)the operation of that provision in most circumstances where the notice ceases to be in force, but

(b)that, if the landlord subsequently serves a final demolition notice in respect of the dwelling-house, the right to buy will not arise in respect of it while that notice is in force and any existing claim will cease to be effective.

(3)If, at the time when an initial demolition notice is served, there is an existing claim to exercise the right to buy in respect of the dwelling-house, the notice shall—

(a)state that section 138C confers a right to compensation in respect of certain expenditure, and

(b)give details of that right to compensation and of how it may be exercised.

(4)The period specified in accordance with sub-paragraph (1)(c) must not—

(a)allow the landlord more than what is, in the circumstances, a reasonable period to carry out the proposed demolition of the relevant premises (whether on their own or as part of a scheme involving the demolition of other premises); or

(b)in any case expire more than [F170seven] years after the date of service of the notice on the tenant.

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Amendments (Textual)

F170Word in Sch. 5A para. 1(4)(b) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 7 (with Sch. 13 para. 14)

Period of validity of initial demolition noticeE+W

2(1)For the purposes of this Schedule an initial demolition notice—E+W

(a)comes into force in respect of the dwelling-house concerned on the date of service of the notice on the tenant, and

(b)ceases to be so in force at the end of the period specified in accordance with paragraph 1(1)(c),

but this is subject to compliance with the conditions mentioned in sub-paragraph (2) (in a case to which they apply) and to [F171paragraphs 3 and 3A] .

(2)The conditions in sub-paragraphs (6) and (7) of paragraph 13 of Schedule 5 (publicity for final demolition notices) shall apply in relation to an initial demolition notice as they apply in relation to a final demolition notice.

(3)The notice mentioned in paragraph 13(7) (as it applies in accordance with sub-paragraph (2) above) must contain the following information—

(a)sufficient information to enable identification of the premises that the landlord intends to demolish,

(b)the reasons why the landlord intends to demolish those premises,

(c)the period within which the landlord intends to demolish those premises,

(d)the date when any initial demolition notice or notices relating to those premises will cease to be in force, unless revoked or otherwise terminated under or by virtue of paragraph 3 below,

(e)that, during the period of validity of any such notice or notices, the landlord will not be under any obligation to make such a grant as is mentioned in section 138(1) in respect of any claim to exercise the right to buy in respect of any dwelling-house contained in those premises,

(f)that there may be a right to compensation under section 138C in respect of certain expenditure incurred in respect of any existing claim.

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Amendments (Textual)

F171Words in Sch. 5A para. 2(1) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 8 (with Sch. 13 para. 14)

Revocation or termination of initial demolition noticesE+W

3(1)Paragraph 15(4) to [F172(7A)] of Schedule 5 (revocation notices) shall apply in relation to an initial demolition notice as they apply in relation to a final demolition notice.E+W

(2)If a compulsory purchase order has been made for the purpose of enabling the landlord to demolish the dwelling-house in respect of which he has served an initial demolition notice (whether or not it would enable him to demolish any other premises as well) and—

(a)a relevant decision within sub-paragraph (3)(a) becomes effective while the notice is in force, or

(b)a relevant decision within sub-paragraph (3)(b) becomes final while the notice is in force,

the notice ceases to be in force as from the date when the decision becomes effective or final.

(3) A “ relevant decision ”is—

(a)a decision under Part 2 of the Acquisition of Land Act 1981 to confirm the order with modifications, or not to confirm the whole or part of the order, or

(b)a decision of the High Court to quash the whole or part of the order under section 24 of that Act,

where the effect of the decision is that the landlord will not be able, by virtue of that order, to carry out the demolition of the dwelling-house.

(4)A relevant decision within sub-paragraph (3)(a) becomes effective—

(a)at the end of the period of 16 weeks beginning with the date of the decision, if no application for judicial review is made in respect of the decision within that period, or

(b)if such an application is so made, at the time when—

(i)a decision on the application which upholds the relevant decision becomes final, or

(ii)the application is abandoned or otherwise ceases to have effect.

(5)A relevant decision within sub-paragraph (3)(b), or a decision within sub-paragraph (4)(b), becomes final—

(a)if not appealed against, at the end of the period for bringing an appeal, or

(b)if appealed against, at the time when the appeal (or any further appeal) is disposed of.

(6)An appeal is disposed of—

(a)if it is determined and the period for bringing any further appeal has ended, or

(b)if it is abandoned or otherwise ceases to have effect.

(7)Where an initial demolition notice ceases to be in force under sub-paragraph (2), the landlord must, as soon as is reasonably practicable, serve a notice on the tenant which informs him—

(a)that the notice has ceased to be in force as from the date in question, and

(b)of the reason why it has ceased to be in force.

(8)If, while an initial demolition notice is in force in respect of a dwelling-house, a final demolition notice comes into force under paragraph 13 of Schedule 5 in respect of that dwelling-house, the initial demolition notice ceases to be in force as from the date when the final demolition notice comes into force.

(9)In such a case the final demolition notice must state that it is replacing the initial demolition notice.

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Amendments (Textual)

F172Word in Sch. 5A para. 3(1) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 9 (with Sch. 13 para. 14)

[F173Transfer of initial demolition noticesE+W

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Amendments (Textual)

F173Sch. 5A para. 3A and preceding cross-heading inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 10 (with Sch. 13 para. 14)

3A(1)This paragraph applies if—E+W

(a)an initial demolition notice is in force in respect of a dwelling-house, and

(b)the landlord transfers his interest as landlord to another person.

(2)The initial demolition notice (“the original notice”) continues in force but this is subject to—

(a)paragraphs 2 and 3, and

(b)the following provisions of this paragraph.

(3)Sub-paragraph (4) applies if the transferee—

(a)intends to demolish the dwelling-house, but

(b)has not—

(i)served a continuation notice, and

(ii)complied with the conditions in sub-paragraphs (8) and (10),

within the period of 2 months beginning with the date of transfer.

(4)The transferee must proceed under paragraph 15(4) of Schedule 5 as applied by paragraph 3(1) above as if the transferee has decided not to demolish the dwelling-house (and paragraph 15(5) to (7) of that Schedule as so applied applies on the same basis).

(5)A continuation notice is a notice—

(a)stating that the transferee—

(i)has acquired the interest concerned, and

(ii)intends to demolish the dwelling-house or (as the case may be) the building containing it (“the relevant premises”),

(b)setting out the reasons why the transferee intends to demolish the relevant premises,

(c)stating that the original notice is to continue in force, and

(d)explaining the continued effect of the original notice.

(6)A continuation notice may not vary the period specified in the original notice in accordance with paragraph 1(1)(c).

(7)Sub-paragraph (8) applies if—

(a)the dwelling-house is contained in a building which contains one or more other dwelling-houses, and

(b)the transferee intends to demolish the whole of the building.

(8)The transferee must serve a continuation notice on the occupier of each of the dwelling-houses contained in the building (whether addressed to him by name or just as “the occupier”).

(9)An accidental omission to serve a continuation notice on one or more occupiers does not prevent the condition in sub-paragraph (8) from being satisfied.

(10)Paragraph 13(7) of Schedule 5 applies in relation to the transferee's intention to demolish so as to impose a condition on the transferee for a notice to appear within the period of 2 months beginning with the date of transfer; and paragraph 2(3) above applies for this purpose.

(11)Sub-paragraphs (7) to (10) above apply instead of paragraph 2(2) and (3) in relation to an initial demolition notice so far as continued in force under this paragraph.]

Restriction on serving further demolition noticesE+W

4(1) This paragraph applies where an initial demolition notice (“ the relevant notice ”) has (for any reason) ceased to be in force in respect of a dwelling-house without it being demolished. E+W

(2)No further initial demolition notice may be served in respect of the dwelling-house [F174, by the landlord who served the relevant notice or any landlord who served a continuation notice in respect of the relevant notice,] during the period of 5 years following the time when the relevant notice ceases to be in force, unless—

(a)[F175the further notice] is served with the consent of the Secretary of State, and

(b)it states that it is so served.

(3)Subject to sub-paragraph (4), no final demolition notice may be served in respect of the dwelling-house [F176, by the landlord who served the relevant notice or any landlord who served a continuation notice in respect of the relevant notice,] during the period of 5 years following the time when the relevant notice ceases to be in force, unless—

(a)[F177the final demolition notice] is served with the consent of the Secretary of State, and

(b)it states that it is so served.

(4)Sub-paragraph (3) does not apply to a final demolition notice which is served at a time when an initial demolition notice served in accordance with sub-paragraph (2) is in force.

(5)The Secretary of State’s consent under sub-paragraph (2) or (3) may be given subject to compliance with such conditions as he may specify.

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Amendments (Textual)

F174Words in Sch. 5A para. 4(2) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 11(2)(a) (with Sch. 13 para. 14)

F175Words in Sch. 5A para. 4(2)(a) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 11(2)(b) (with Sch. 13 para. 14)

F176Words in Sch. 5A para. 4(3) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 11(3)(a) (with Sch. 13 para. 14)

F177Words in Sch. 5A para. 4(3)(a) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 11(3)(b) (with Sch. 13 para. 14)

Service of noticesE+W

5Paragraph 16 of [F178Schedule 5](service of notices) applies in relation to notices under this Schedule as it applies in relation to notices under paragraph 13 [F179, 15 or 15A] of that Schedule.E+W

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Amendments (Textual)

F178Words in Sch. 5A para. 5 substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 310(3), 325(2)

F179Words in Sch. 5A para. 5 substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 12 (with Sch. 13 para. 14)

InterpretationE+W

6(1)In this Schedule [F180(other than paragraph 3A)] any reference to the landlord, in the context of a reference to the demolition or intended demolition of any premises, includes a reference to a superior landlord.E+W

(2)In this Schedule—

  • final demolition notice ” means a final demolition notice served under paragraph 13 of Schedule 5;

  • premises ” means premises of any description;

  • scheme ” includes arrangements of any description. ]

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Amendments (Textual)

F180Words in Sch. 5A para. 6(1) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 13 (with Sch. 13 para. 14)

Sections 139 and 151.

SCHEDULE 6E+W Conveyance of Freehold and Grant of Lease in Pursuance of Right to Buy

Part IE+W Common Provisions

Rights to be conveyed or granted—generalE+W

1The conveyance or grant shall not exclude or restrict the general words implied under section 62 of the M11Law of Property Act 1925, unless the tenant consents or the exclusion or restriction is made for the purpose of preserving or recognising an existing interest of the landlord in tenant’s incumbrances or an existing right or interest of another person.E+W

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Marginal Citations

Rights of support, passage of water, etc.E+W

2(1)The conveyance or grant shall, by virtue of this Schedule, have the effect stated in sub-paragraph (2) as regards—E+W

(a)rights of support for a building or part of a building;

(b)rights to the access of light and air to a building or part of a building;

(c)rights to the passage of water or of gas or other piped fuel, or to the drainage or disposal of water, sewage, smoke or fumes, or to the use or maintenance of pipes or other installations for such passage, drainage or disposal;

(d)rights to the use or maintenance of cables or other installations for the supply of electricity, for the telephone or for the receipt directly or by landline of visual or other wireless transmissions.

(2)The effect is—

(a)to grant with the dwelling-house all such easements and rights over other property, so far as the landlord is capable of granting them, as are necessary to secure to the tenant as nearly as may be the same rights as at the relevant time were available to him under or by virtue of the secure tenancy or an agreement collateral to it, or under or by virtue of a grant, reservation or agreement made on the severance of the dwelling-house from other property then comprised in the same tenancy; and

(b)to make the dwelling-house subject to all such easements and rights for the benefit of other property as are capable of existing in law and are necessary to secure to the person interested in the other property as nearly as may be the same rights as at the relevant time were available against the tenant under or by virtue of the secure tenancy or an agreement collateral to it, or under or by virtue of a grant, reservation or agreement made as mentioned in paragraph (a).

(3)This paragraph—

(a)does not restrict any wider operation which the conveyance or grant may have apart from this paragraph; but

(b)is subject to any provision to the contrary that may be included in the conveyance or grant with the consent of the tenant.

Rights of wayE+W

3The conveyance or grant shall include—E+W

(a)such provisions (if any) as the tenant may require for the purpose of securing to him rights of way over land not comprised in the dwelling-house, so far as the landlord is capable of granting them, being rights of way that are necessary for the reasonable enjoyment of the dwelling-house; and

(b)such provisions (if any) as the landlord may require for the purpose of making the dwelling-house subject to rights of way necessary for the reasonable enjoyment of other property, being property in which at the relevant time the landlord has an interest, or to rights of way granted or agreed to be granted before the relevant time by the landlord or by the person then entitled to the reversion on the tenancy.

Covenants and conditionsE+W

[F1814Ahe conveyance or grant shall be expressed to be made by the landlord with full title guarantee (thereby implying the covenants for title specified in Part I of the Law of Property (Miscellaneous Provisions) Act 1994).]E+W

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Amendments (Textual)

F181Sch. 6 Pt. I para. 4A inserted (1.7.1995) by 1994 c. 36, s. 21(1), Sch. 1 para. 9(2) (with s. 20); S.I. 1995/1317, art. 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Subject to paragraph 6, and to Parts II and III of this Schedule, the conveyance or grant may include such [F182other covenants] and conditions as are reasonable in the circumstances.E+W

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Amendments (Textual)

F182Words in Sch. 6 Pt. I para. 5 substituted (1.7.1995) by 1994 c. 36, s. 21(1), Sch. 1 para. 9(3) (with s. 20); S.I. 1995/1317, art. 2

No charge to be made for landlord’s consent or approvalE+W

6A provision of the conveyance or lease is void in so far as it purports to enable the landlord to charge the tenant a sum for or in connection with the giving of a consent or approval.E+W

Meaning of “incumbrances” and “tenant’s incumbrance”E+W

7In this Schedule—E+W

  • incumbrances” includes personal liabilities attaching in respect of the ownership of land or an interest in land though not charged on the land or interest; and

  • tenant’s incumbrance” means—

(a)an incumbrance on the secure tenancy which is also an incumbrance on the reversion, and

(b)an interest derived, directly or indirectly, out of the secure tenancy.

Part IIE+W Conveyance of Freehold

GeneralE+W

8The conveyance shall not exclude or restrict the all estate clause implied under section 63 of the M12Law of Property Act 1925, unless the tenant consents or the exclusion or restriction is made for the purpose of preserving or recognising an existing interest of the landlord in tenant’s incumbrances or an existing right or interest of another person.E+W

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Marginal Citations

9(1)The conveyance shall be of an estate in fee simple absolute, subject to—E+W

(a)tenant’s incumbrances,

(b)burdens (other than burdens created by the conveyance) in respect of the upkeep or regulation for the benefit of any locality of any land, building, structure, works, ways or watercourses;

but otherwise free from incumbrances.

(2)Nothing in sub-paragraph (1) shall be taken as affecting the operation of paragraph 5 of this Schedule (reasonable covenants and conditions).

CovenantsE+W

F18310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F183Sch. 6 Pt. II para. 10 repealed (1.7.1995) by 1994 c. 36, s. 21(1)(2), Sch. 1 para. 9(4), Sch. 2 (with s. 20); S.I. 1995/1317, art. 2

Part IIIE+W Leases

GeneralE+W

11A lease shall be for the appropriate term defined in paragraph 12 (but subject to sub-paragraph (3) of that paragraph) and at a rent not exceeding £10 per annum, and the following provisions have effect with respect to the other terms of the lease.E+W

The appropriate termE+W

12(1)If at the time the grant is made the landlord’s interest in the dwelling-house is not less than a lease for a term of which more than 125 years and five days are unexpired, the appropriate term is a term of not less than 125 years.E+W

(2)In any other case the appropriate term is a term expiring five days before the term of the landlord’s lease of the dwelling-house (or, as the case may require, five days before the first date on which the term of any lease under which the landlord holds any part of the dwelling-house) is to expire.

(3)If the dwelling-house is a flat contained in a building, which also contains one or more other flats and the landlord has, since 8th August 1980, granted a lease of one or more of them for the appropriate term, the lease of the dwelling-house may be for a term expiring at the end of the term for which the other lease (or one of the other leases) was granted.

Common use of premises and facilitiesE+W

13Where the dwelling house is a flat and the tenant enjoyed, during the secure tenancy, the use in common with others of any premises, facilities or services, the lease shall include rights to the like enjoyment, so far as the landlord is capable of granting them, unless otherwise agreed between the landlord and the tenant.E+W

Covenants by the landlordE+W

14(1)This paragraph applies where the dwelling-house is a flat.E+W

(2)There are implied covenants by the landlord—

(a)to keep in repair the structure and exterior of the dwelling-house and of the building in which it is situated (including drains, gutters and external pipes) and to make good any defect affecting that structure;

(b)to keep in repair any other property over or in respect of which the tenant has rights by virtue of this Schedule;

(c)to ensure, so far as practicable, that services which are to be provided by the landlord and to which the tenant is entitled (whether by himself or in common with others) are maintained at a reasonable level and to keep in repair any installation connected with the provision of those services;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F184

(3)[F185There is an implied covenant] that the landlord shall rebuild or reinstate the dwelling-house and the building in which it is situated in the case of destruction or damage by fire, tempest, flood or any other cause against the risk of which it is normal practice to insure.

[F186(3A)Sub-paragraphs (2) and (3) have effect subject to paragraph 15(3) (certain obligations not to be imposed, where landlord’s title is leasehold, by reason of provisions of superior lease).]

(4)The county court may, by order made with the consent of the parties, authorise the inclusion in the lease or in an agreement collateral to it of provisions excluding or modifying the obligations of the landlord under the covenants implied by this paragraph, if it appears to the court that it is reasonable to do so.

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Amendments (Textual)

F185By Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 41(3) it is provided that in Sch. 6 para. 14(3), for the words from the beginning to “requirement” there is inserted “There is an implied covenant”

15(1)This paragraph applies where the landlord’s interest in the dwelling-house is leasehold.E+W

(2)There is implied a covenant by the landlord to pay the rent reserved by the landlord’s lease and, except in so far as they fall to be discharged by the tenant, to discharge its obligations under the covenants contained in that lease.

(3)A covenant implied by virtue of paragraph 14 (implied covenants where dwelling-house is a flat) shall not impose on the landlord an obligation which the landlord is not entitled to discharge under the provisions of the landlord’s lease or a superior lease.

(4)Where the landlord’s lease or a superior lease, or an agreement collateral to the landlord’s lease or a superior lease, contains a covenant by a person imposing obligations which, but for sub-paragraph (3), would be imposed by a covenant implied by virtue of paragraph 14, there is implied a covenant by the landlord to use its best endeavours to secure that that person’s obligations under the first-mentioned covenant are discharged.

Covenant by tenantE+W

16Unless otherwise agreed between the landlord and the tenant, there is implied a covenant by the tenant—E+W

(a)where the dwelling-house is a house, to keep the dwelling-house in good repair (including decorative repair);

(b)where the dwelling-house is a flat, to keep the interior of the dwelling-house in such repair.

[F187 Service charges and other contributions payable by the tenantE+W

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Amendments (Textual)

F187Sch. 6 Pt. III paras. 16A–D inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 4(4)

16A(1)The lease may require the tenant to bear a reasonable part of the costs incurred by the landlord—E+W

(a)in discharging or insuring against the obligations imposed by the covenants implied by virtue of paragraph 14(2) (repairs, making good structural defects, provision of services, etc.), or

(b)in insuring against the obligations imposed by the covenant implied by virtue of paragraph 14(3) (rebuilding or reinstatement, etc.),

and to the extent that by virtue of paragraph 15(3) (effect of provision of superior lease) such obligations are not imposed on the landlord, to bear a reasonable part of the costs incurred by the landlord in contributing to costs incurred by a superior landlord or other person in discharging or, as the case may be, insuring against obligations to the like effect.

(2)Where the lease requires the tenant to contribute to the costs of insurance, it shall provide that the tenant is entitled to inspect the relevant policy at such reasonable times as may be specified in the lease.

(3)Where the landlord does not insure against the obligations imposed by the covenant implied by virtue of paragraph 14(3), or, as the case may be, the superior landlord or other person does not insure against his obligations to the like effect, the lease may require the tenant to pay a reasonable sum in place of the contribution he could be required to make if there were insurance.

(4)Where in any case the obligations imposed by the covenants implied by virtue of paragraph 14(2) or (3) are modified in accordance with paragraph 14(4) (power of county court to authorise modification), the references in this paragraph are to the obligations as so modified.

(5)This paragraph has effect subject to paragraph 16B (restrictions in certain cases as regards costs incurred in the initial period of the lease).]

[F18816B(1)Where a lease of a flat requires the tenant to pay service charges in respect of repairs (including works for the making good of structural defects), his liability in respect of costs incurred in the initial period of the lease is restricted as follows.E+W

(2)He is not required to pay in respect of works itemised in the estimates contained in the landlord’s notice under section 125 any more than the amount shown as his estimated contribution in respect of that item, together with an inflation allowance.

(3)He is not required to pay in respect of works not so itemised at a rate exceeding—

(a)as regards parts of the initial period falling within the reference period for the purposes of the estimates contained in the landlord’s notice under section 125, the estimated annual average amount shown in the estimates;

(b)as regards parts of the initial period not falling within that reference period, the average rate produced by averaging over the reference period all works for which estimates are contained in the notice;

together, in each case, with an inflation allowance.

(4)The initial period of the lease for the purposes of this paragraph begins with the grant of the lease and ends five years after the grant, except that—

(a)if the lease includes provision for service charges to be payable in respect of costs incurred in a period before the grant of the lease, the initial period begins with the beginning of that period;

(b)if the lease provides for service charges to be calculated by reference to a specified annual period, the initial period continues until the end of the fifth such period beginning after the grant of the lease; F189. . .

F189(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F188Sch. 6 Pt. III paras. 16A–D inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 4(4)

F189Sch. 6 Pt. III para. 16B(4)(c) and preceeding word repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4(b), Sch. 2 (with saving in Sch. 1 paraS. 4(1), 10).

[F19016C(1)Where a lease of a flat requires the tenant to pay improvement contributions, his liability in respect of costs incurred in the initial period of the lease is restricted as follows.E+W

(2)He is not required to make any payment in respect of works for which no estimate was given in the landlord’s notice under section 125.

(3)He is not required to pay in respect of works for which an estimate was given in that notice any more than the amount shown as his estimated contribution in respect of that item, together with an inflation allowance.

(4)The initial period of the lease for the purposes of this paragraph begins with the grant of the lease and ends five years after the grant, except that—

(a)if the lease includes provision for improvement contributions to be payable in respect of costs incurred in a period before the grant of the lease, the initial period begins with the beginning of that period;

(b)if the lease provides for improvement contributions to be calculated by reference to a specified annual period, the initial period continues until the end of the fifth such period beginning after the grant of the lease; F191. . .

F191(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F190Sch. 6 Pt. III paras. 16A–D inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 4(4)

F191Sch. 6 Pt. III para. 16C(4)(c) and preceeding word repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4(b), Sch. 2 (with saving in Sch. 1 paraS. 4(1), 10).

[F19216D(1)The Secretary of State may by order prescribe—E+W

(a)the method by which inflation allowances for the purposes of paragraph 16B or 16C are to be calculated by reference to published statistics; and

(b)the information to be given to a tenant when he is asked to pay a service charge or improvement contribution to which the provisions of paragraph 16B or 16C are or may be relevant.

(2)An order—

(a)may make different provision for different cases or descriptions of case, including different provision for different areas;

(b)may contain such incidental, supplementary or transitional provisions as the Secretary of State thinks appropriate; and

(c)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

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Amendments (Textual)

F192Sch. 6 Pt. III paras. 16A–D inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 4(4)

[F19316E(1)Where a lease of a flat granted in pursuance of the right to acquire on rent to mortgage terms requires the tenant to pay—E+W

(a)service charges in respect of repairs (including works for the making good of structural defects), or

(b)improvement contributions,

his liability in respect of costs incurred at any time before the final payment is made is restricted as follows.

(2)He is not required to pay any more than the amount determined by the formula—

where—

M = the maximum amount which he is required to pay;

P = the amount which, but for this paragraph, he would be required to pay;

S = the landlord’s share at the time expressed as a percentage.]

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Amendments (Textual)

F193Sch. 6 Pt. III para. 16E inserted (11.10.1993) by 1993 c. 28, s. 116(2); S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

Avoidance of certain provisionsE+W

17(1)A provision of the lease, or of an agreement collateral to it, is void in so far as it purports to prohibit or restrict the assignment of the lease or the subletting, wholly or in part, of the dwelling-house.E+W

(2)Sub-paragraph (1) has effect subject to section 157 (restriction on disposal of dwelling-houses in National Parks, etc.).

[F19418Where the dwelling-house is a flat, a provision of the lease or of an agreement collateral to it is void in so far as it purports—E+W

(a)to authorise the recovery of such a charge as is mentioned in paragraph 16A (contributions in respect of repairs, etc.) otherwise than in accordance with that paragraph and paragraph 16B (restrictions in initial period of lease); or

(b)to authorise the recovery of any charge in respect of costs incurred by the landlord—

(i)in discharging the obligations imposed by the covenant implied by paragraph 14(3) (rebuilding or reinstatement, &c.), or those obligations as modified in accordance with paragraph 14(4), or

(ii)in contributing to costs incurred by a superior landlord or other person in discharging obligations to the like effect; or

(c)to authorise the recovery of an improvement contribution otherwise than in accordance with paragraph 16C (restrictions in initial period of lease).]

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Amendments (Textual)

19A provision of the lease, or of an agreement collateral to it, is void in so far as it purports to authorise a forfeiture, or to impose on the tenant a penalty or disability, in the event of his enforcing or relying on the preceding provisions of this Schedule.E+W

Part IVE+W Charges

Grant of leaseE+W

20A charge (however created or arising) on the interest of the landlord which is not a tenant’s incumbrance does not affect a lease granted in pursuance of the right to buy.E+W

Conveyance of freeholdE+W

21(1)This paragraph applies to a charge (however created or arising) on the freehold where the freehold is conveyed in pursuance of the right to buy.E+W

(2)If the charge is not a tenant’s incumbrance and is not a rentcharge the conveyance is effective to release the freehold from the charge; but the release does not affect the personal liability of the landlord or any other person in respect of any obligation which the charge was created to secure.

(3)If the charge is a rentcharge the conveyance shall be made subject to the charge; but if the rentcharge also affects other land—

(a)the conveyance shall contain a covenant by the landlord to indemnify the tenant and his successors in title in respect of any liability arising under the rentcharge, and

(b)if the rent charge is of a kind which may be redeemed under the M13Rentcharges Act 1977 the landlord shall immediately after the conveyance take such steps as are necessary redeem the rentcharge so far as it affects land owned by him.

(4)In this paragraph “rentcharge” has the same meaning as in the Rentcharges Act 1977; and—

(a)for the purposes of sub-paragraph (3) land is owned by a person if he is the owner of it within the meaning of section 13(1) of that Act, and

(b)for the purposes of that sub-paragraph and that Act land which has been conveyed by the landlord in pursuance of the right to buy but subject to the rentcharge shall be treated as if it had not been so conveyed but had continued to be owned by him.

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Marginal Citations

[F195Schedule 6AE+W REDEMPTION OF LANDLORD’S SHARE

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Amendments (Textual)

F195Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F196Obligation to redeem landlord’s share in certain circumstancesE+W

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Amendments (Textual)

F196Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F1971(1)The conveyance or grant shall contain a covenant binding on the secure tenant and his successors in title to make to the landlord, immediately after—E+W

(a)the making of a relevant disposal which is not an excluded disposal, or

(b)the expiry of the period of one year beginning with a relevant death,

(whichever first occurs), a final payment, that is to say, a payment of the amount required to redeem the landlord’s share.

(2)A disposal is an excluded disposal for the purposes of this paragraph if—

(a)it is a further conveyance of the freehold or an assignment of the lease and the person or each of the persons to whom it is made is, or is the spouse [F198or civil partner] of, the person or one of the persons by whom it is made;

(b)it is a vesting in a person taking under a will or intestacy; or

F199[(c)it is a disposal in pursuance of an order under—

(i)section 24 or 24A of the Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings),

(ii)section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate),

(iii)section 17 of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, &c.), F200. . .

(iv)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents),][F201 or

(v)Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders, or orders for the sale of property, in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.),]

and (in any case) an interest to which this paragraph applies subsists immediately after the disposal.

(3) In this paragraph “ relevant death ” means the death of a person who immediately before his death was the person or, as the case may be, the last remaining person entitled to an interest to which this paragraph applies.

(4)A beneficial interest in the dwelling-house is an interest to which this paragraph applies if the person entitled to it is—

(a)the secure tenant or, as the case may be, one of the secure tenants, or

(b)a qualifying person.

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Amendments (Textual)

F197Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F198Words in Sch. 6A para. 1(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81. 263(2), {Sch. 8 para. 35(2)}; S.I. 2005/3175, art. 2(1), Sch. 1

F199Sch. 6A para. 1(2)(c) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 17; S.I. 1996/2402, art. 3

F200Word in Sch. 6A para. 1(2)(c)(iii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263(10)(b), Sch. 30; S.I. 2005/3175, art. 2(6)

F201Sch. 6A para. 1(2)(c)(v) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 34), ss. 81, 263(2), Sch. 8 para. 35(3); S.I. 2005/3175, art. 2(1), Sch. 1

F202Right to redeem landlord’s share at any timeE+W

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Amendments (Textual)

F202Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F2032(1)The conveyance or grant shall include provision entitling the secure tenant and his successors in title to make a final payment at any time.E+W

(2)The right shall be exercisable by written notice served on the landlord claiming to make a final payment.

(3)The notice may be withdrawn at any time by written notice served on the landlord.

(4)If the final payment is not tendered to the landlord before the end of the period of three months beginning with the time when the value of the dwelling-house is agreed or determined in accordance with paragraph 8, the notice claiming to make a final payment shall be deemed to have been withdrawn.

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Amendments (Textual)

F203Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F204Value of landlord’s share and amount of final paymentE+W

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Amendments (Textual)

F204Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F2053The value of the landlord’s share shall be determined by the formula -E+W

and the amount required to redeem that share shall be determined by the formula—

where—

  • VS = the value of the landlord’s share;

  • V = the value of the dwelling-house (agreed or determined in accordance with paragraph 8);

  • S = the landlord’s share expressed as a percentage;

  • R = the amount required to redeem the landlord’s share;

  • D = the amount of the final discount (if any) which is applicable under paragraphs 4 and 5.

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Amendments (Textual)

F205Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F206Final discountE+W

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Amendments (Textual)

F206Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F2074(1)Where a final payment is made by, or by two or more persons who include—E+W

(a)the secure tenant or, as the case may be, one of the secure tenants, or

(b)a qualifying person,

the person or persons making the payment are entitled, subject to the following provisions of this paragraph and paragraph 5, to a final discount equal to 20 per cent. of the value of the landlord’s share.

(2)Sub-paragraph (1) shall not apply if the final payment is made after the end of the protection period, that is to say, the period of two years beginning with the time when there ceases to be an interest to which this sub-paragraph applies.

(3)A beneficial interest in the dwelling-house is an interest to which sub-paragraph (2) applies if the person entitled to it is—

(a)the secure tenant or, as the case may be, one of the secure tenants, or

(b)a [F208qualifying partner] .

(4)The Secretary of State may by order made with the consent of the Treasury provide that the percentage discount shall be such percentage as may be specified in the order.

(5)An order under this paragraph—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas,

(b)may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State necessary or expedient, and

(c)shall be made by statutory instrument and shall not be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

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Amendments (Textual)

F207Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F208Words in Sch. 6A para. 4(3)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 34), ss. 81, 263(2), Sch. 8 para. 35(4); S.I. 2005/3175, art. 2(1), Sch. 1

F209Restrictions on and deductions from final discountE+W

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Amendments (Textual)

F209Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F2105(1)Except where the Secretary of State so determines, a final discount shall not reduce the total purchase price, that is to say, the aggregate of the initial payment, the final payment and any interim payments, below the amount which would be applicable under section 131(1) in respect of the dwelling-house if the relevant time were the time when the value of the dwelling-house is agreed or determined.E+W

(2)The total discount, that is to say, the aggregate of the initial discount, the final discount and any interim discounts, shall not in any case reduce the total purchase price by more than the sum prescribed for the purposes of section 131(2) at the time when the value of the dwelling-house is agreed or determined.

(3)If a final payment is made after the end of the first twelve months of the protection period, there shall be deducted from any final discount given by paragraph 4 and the preceding provisions of this paragraph an amount equal to 50 per cent. of that discount.

(4)There shall be deducted from any final discount given by paragraph 4 and the preceding provisions of this paragraph an amount equal to any previous discount qualifying or, the aggregate of any previous discounts qualifying, under the provisions of section 130.

(5)A determination under this paragraph may make different provision for different cases or descriptions of case, including different provision for different areas.

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Amendments (Textual)

F210Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F211Right to make interim payment at any timeE+W

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Amendments (Textual)

F211Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F2126(1)The conveyance or grant shall include provision entitling the secure tenant and his successors in title at any time to make to the landlord an interim payment, that is to say, a payment which—E+W

(a)is less than the amount required to redeem the landlord’s share; but

(b)is not less than 10 per cent. of the value of the dwelling-house (agreed or determined in accordance with paragraph 8).

(2)The right shall be exercisable by written notice served on the landlord, claiming to make an interim payment and stating the amount of the interim payment proposed to be made.

(3)The notice may be withdrawn at any time by written notice served on the landlord.

(4)If the interim payment is not tendered to the landlord before the end of the period of three months beginning with the time when the value of the dwelling-house is agreed or determined in accordance with paragraph 8, the notice claiming to make an interim payment shall be deemed to have been withdrawn.

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Amendments (Textual)

F212Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F213Landlord’s reduced share and interim discountE+W

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Amendments (Textual)

F213Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F2147The landlord’s share after the making of an interim payment shall be determined by the formula -E+W

the amount of the interim discount shall be determined by the formula—

and the amount of any previous discount which will be recovered by virtue of the making of an interim payment shall be determined by the formula—

where—

  • S = the landlord’s share expressed as a percentage;

  • R = the amount which would have been required to redeem the landlord’s share immediately before the interim payment was made;

  • IP = the amount of the interim payment;

  • PS = the landlord’s share immediately before the interim payment was made also expressed as a percentage;

  • ID = the amount of the interim discount;

  • V = the value of the dwelling-house (agreed or determined in accordance with paragraph 8);

  • RD = the amount of any previous discount which will be recovered by virtue of the making of the interim payment;

  • PD = the amount of any previous discount which would be recovered if the tenant were making the final payment.

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Amendments (Textual)

F214Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F215Value of dwelling-houseE+W

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Amendments (Textual)

F215Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F2168(1)For the purposes of the final payment or any interim payment, the value of a dwelling-house is the amount which for those purposes—E+W

(a)is agreed at any time between the parties, or

(b)in default of such agreement, is determined at any time by an independent valuer,

as the amount which, in accordance with this paragraph, is to be taken as its value at that time.

(2)Subject to sub-paragraph (6), that value shall be taken to be the price which the interest of the secure tenant in the dwelling-house would realise if sold on the open market by a willing vendor—

(a)on the assumption that the liabilities mentioned in sub-paragraph (3) would be discharged by the vendor, and

(b)disregarding the matters specified in sub-paragraph (4).

(3)The liabilities referred to in sub-paragraph (2)(a) are—

(a)any mortgages of the interest of the secure tenant,

(b)the liability under the covenant required by paragraph 1, and

(c)any liability under the covenant required by section 155(3) (repayment of discount on early disposal).

(4)The matters to be disregarded in pursuance of sub-paragraph (2)(b) are—

(a)any interests or rights created over the dwelling-house by the secure tenant,

(b)any improvements made by the secure tenant or any of the persons mentioned in section 127(4) (certain predecessors as secure tenant), and

(c)any failure by the secure tenant or any of those persons—

(i)where the dwelling-house is a house, to keep the dwelling-house in good repair (including decorative repair);

(ii)where the dwelling-house is a flat, to keep the interior of the dwelling-house in such repair.

(5)Sub-paragraph (6) applies where, at the time when the value of the dwelling-house is agreed or determined, the dwelling-house—

(a)has been destroyed or damaged by fire, tempest, flood or any other cause against the risk of which it is normal practice to insure, and

(b)has not been fully rebuilt or reinstated.

(6)That value shall be taken to include the value of such of the following as are applicable, namely—

(a)any sums paid or falling to be paid to the secure tenant under a relevant policy in so far as they exceed the cost of any rebuilding or reinstatement which has been carried out;

(b)any rights of the secure tenant under the covenant implied by paragraph 14(3) of Schedule 6 (covenant to rebuild or reinstate); and

(c)any rights of the secure tenant under the covenant implied by paragraph 15(4) of that Schedule (covenant to use best endeavours to secure rebuilding or reinstatement).

(7) In sub-paragraph (6) “ relevant policy ” means a policy insuring the secure tenant against the risk of fire, tempest or flood or any other risk against which it is normal practice to insure.

(8)References in this paragraph to the secure tenant include references to his successors in title.

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Amendments (Textual)

F216Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F217Costs of independent valuationE+W

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Amendments (Textual)

F217Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F2189The conveyance or grant shall include provision requiring any sums falling to be paid to an independent valuer (whether by way of fees or expenses or otherwise) to be paid by the secure tenant or his successors in title.E+W

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Amendments (Textual)

F218Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F219No charges to be made by landlordE+W

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Amendments (Textual)

F219Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F22010A provision of the conveyance or grant is void in so far as it purports to enable the landlord to charge the tenant or his successors in title a sum in respect of or in connection with the making of a final or interim payment.E+W

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Amendments (Textual)

F220Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F221Other covenants and provisionsE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F221Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F22211Subject to the provisions of this Schedule, the conveyance or grant may include such covenants and provisions as are reasonable in the circumstances.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F222Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F223InterpretationE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F223Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F22412(1)In this Schedule—E+W

  • independent valuer ” means an independent valuer appointed in pursuance of provisions in that behalf contained in the conveyance or grant;

  • protection period ” has the meaning given by paragraph 4(2);

  • qualifying person ” means [F225 qualifying partner ] or a qualifying resident.

(2)A person is a [F226qualifying partner] for the purposes of this Schedule if—

(a)he is entitled to a beneficial interest in the dwelling-house immediately after the time when there ceases to be an interest to which this paragraph applies;

(b)he is occupying the dwelling-house as his only or principal home immediately before that time; and

[F227(c)he—

(i)is the spouse, the civil partner, a former spouse, a former civil partner, the surviving spouse, the surviving civil partner, a surviving former spouse or a surviving former civil partner of the person who immediately before that time was entitled to the interest to which this paragraph applies or, as the case may be, the last remaining such interest, or

(ii)is the surviving spouse, the surviving civil partner, a surviving former spouse or a surviving former civil partner of a person who immediately before his death was entitled to such an interest.]

(3)A person is a qualifying resident for the purposes of this Schedule if—

(a)he is entitled to a beneficial interest in the dwelling-house immediately after the time when there ceases to be an interest to which this paragraph applies;

(b)he is occupying the dwelling-house as his only or principal home immediately before that time;

(c)he has resided throughout the period of twelve months ending with that time—

(i)with the person who immediately before that time was entitled to the interest to which this paragraph applies or, as the case may be, the last remaining such interest, or

(ii)with two or more persons in succession each of whom was throughout the period of residence with him entitled to such an interest; and

(d)he is not a [F228qualifying partner] .

(4)A beneficial interest in the dwelling-house is an interest to which this paragraph applies if the person entitled to it is the secure tenant or, as the case may be, one of the secure tenants.

(5)References in this Schedule to the secure tenant are references to the secure tenant or tenants to whom the conveyance or grant is made and references to the secure tenant or, as the case may be, one of the secure tenants shall be construed accordingly.

(6)References in this Schedule to the secure tenant’s successors in title do not include references to any person entitled to a legal charge having priority to the mortgage required by section 151B (mortgage for securing redemption of landlord’s share) or any person whose title derives from such a charge.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F224Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).

F225Words in Sch. 6A para. 12(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 35(4); S.I. 2005/3175, art. 2(1). Sch. 1

F226Words in Sch. 6A para. 12(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 35(4); S.I. 2005/3175, art. 2(1), Sch. 1

F227Sch. 6A: para. 12(2)(c) substituted (5.12.2005) for para. 12(2)(c) and words by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 35(5); S.I. 2005/3175, art. 2(1), Sch. 1

F228Words in Sch. 6A para. 12(3)(d) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 35(4); S.I. 2005/3175, art. 2(1), Sch. 1

F229SCHEDULE 7E+W. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F229Sch. 7 repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4(b), Sch. 2 (with saving in Sch. 1 para. 4(1)).

F230SCHEDULE 8E+W. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F230Sch. 8 repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4(b), Sch. 2 (with saving in Sch. 1 para. 4(1)).

F233SCHEDULE 9E+W. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F233Sch. 9 repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. 22; S.I. 1993/2134, arts. 2, 4(b), Sch. 2 (with saving in Sch. 1 para. 4(1)).

Prospective

[F236Schedule 9AE+W Land Registration and Related Matters where Right to Buy Preserved

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Statement to be contained in instrument effecting qualifying disposalE+W

1On a qualifying disposal, the disponor shall secure that the instrument effecting the disposal—E+W

(a)states that the disposal is, so far as it relates to dwelling-houses occupied by secure tenants, a disposal to which section 171A applies (preservation of right to buy on disposal to private landlord), and

(b)lists, to the best of the disponor’s knowledge and belief, the dwelling-houses to which the disposal relates which are occupied by secure tenants.

Registration of title on qualifying disposalE+W

2(1)F237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

(2)[F238 Where on a qualifying disposal the disponor’s title to the dwelling-house is not registered, the disponor] shall give the disponee a certificate stating that the disponor is entitled to effect the disposal subject only to such incumbrances, rights and interests as are stated in the instrument effecting the disposal or summarised in the certificate.

(3)Where the disponor’s interest in the dwelling-house is a lease, the certificate shall also state particulars of the lease and, with respect to each superior title—

(a)where it is registered, the title number;

(b)where it is not registered, whether it was investigated in the usual way on the grant of the disponor’s lease.

(4)The certificate shall be—

(a)in a form approved by the Chief Land Registrar, and

(b)signed by such officer of the disponor or such other person as may be approved by the Chief Land Registrar.

and the Chief Registrar shall, for the purpose of registration of title, accept the certificate as sufficient evidence of the facts stated in it.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F237Sch. 9A para. 2(1) repealed (13.10.2003) by 2002 c. 9, ss. 135, 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

F238Words in Sch. 9A para. 2(2) substituted (13.10.2003) by 2002 c. 9, ss. 133, 136(2), Sch. 11 para. 18(6) (with s. 129); S.I. 2003/1275, art. 2(1)

3F239. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F239Sch. 9A para. 3 repealed (13.10.2003) by 2002 c. 9, ss. 135, 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

Entries on register protecting preserved right to buyE+W

[F2404(1)This paragraph applies where the Chief Land Registrar approves an application for registration of—E+W

(a)a disposition of registered land, or

(b)the disponee’s title under a disposition of unregistered land,

and the instrument effecting the disposition contains the statement required by paragraph 1.

(2)The Chief Land Registrar must enter in the register—

(a)a notice in respect of the rights of qualifying persons under this Part in relation to dwelling-houses comprised in the disposal, and

(b)a restriction reflecting the limitation under section 171D(2) on subsequent disposal.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F240Sch. 9A para. 4 substituted (13.10.2003) by 2002 c. 9, ss. 133, 136(2), Sch. 11 para. 18(7) (with s. 129); S.I. 2003/1725, art. 2(1)

Change of qualifying dwelling-houseE+W

5(1)This paragraph applies where by virtue of section 171B(6) a new dwelling-house becomes the qualifying dwelling-house which—E+W

(a)is entirely different from the previous qualifying dwelling-house, or

(b)includes new land,

and applies to the new dwelling-house or the new land, as the case may be.

[F241(2)If the landlord’s title is registered, the landlord shall apply for the entry in the register of—

(a)a notice in respect of the rights of the qualifying person or persons under the provisions of this Part, and

(b)a restriction reflecting the limitation under section 171D(2) on subsequent disposal.]

(3)F242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)If the landlord’s title is not registered, the rights of the qualifying person or persons under the provisions of this Part are registrable under the Land Charges Act M141972 in the same way as an estate contract and the landlord shall, and a qualifying person may, apply for such registration.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F241Sch. 9A para. 5(2) substituted (13.10.2003) by 2002 c. 9, ss. 133, 136(2), Sch. 11 para. 18(8) (with s. 129); S.I. 2003/1725, art. 2(1)

F242Sch. 9A para. 5(3) repealed (13.10.2003) by 2002 c. 9, ss. 133, 135, 136(2), Sch. 11 para. 18(9), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

Marginal Citations

Effect of non-registrationE+W

6[F243(1)The rights of a qualifying person under this Part in relation to the qualifying dwelling house shall not be regarded as falling within Schedule 3 to the Land Registration Act 2002 (and so are liable to be postponed under section 29 of that Act, unless protected by means of a notice in the register).]E+W

(2)Where by virtue of paragraph 5(4) the rights of a qualifying person under this Part in relation to the qualifying dwelling-house are registrable under the Land Changes Act M151972 in the same way as an estate contract, section 4(6) of that Act (under which such a contract may be void against a purchaser unless registered) applies accordingly, with the substitution for the reference to the contract being void of a reference to the right to buy ceasing to be preserved.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F243Sch. 9A para. 6(1) substituted (13.10.2003) by 2002 c. 9, ss. 133, 136(2), Sch. 11 para. 18(10) (with s. 129); S.I. 2003/1725, art. 2(1)

Marginal Citations

Statement required on certain disposals on which right to buy ceases to be preservedE+W

7(1)A conveyance of the freehold or grant of a lease of the qualifying dwelling-house to a qualifying person in pursuance of the right to buy shall state that it is made in pursuance of the provisions of this Part as they apply by virtue of section 171A (preservation of the right to buy).E+W

(2)Where on a conveyance of the freehold or grant of a lease of the qualifying dwelling-house to a qualifying person otherwise than in pursuance of the right to buy the dwelling-house ceases to be subject to any rights arising under this Part, the conveyance or grant shall contain a statement to that effect.

(3) Where on a disposal of an interest in a qualifying dwelling-house the dwelling-house ceases to be subject to the rights of a qualifying person under this Part by virtue of section 171D(1)( a ) or 171E(2)( a ) (qualifying person becoming tenant of authority or body satisfying landlord condition for secure tenancies), the instrument by which the disposal is effected shall state that the dwelling-house ceases as a result of the disposal to be subject to any rights arising by virtue of section 171A (preservation of the right to buy).

Removal of entries on land registerE+W

8Where the registered title to land contains an entry made by virtue of this Schedule, the Chief Land Registrar shall, for the purpose of removing or amending the entry, accept as sufficient evidence of the facts stated in it a certificate by the registered proprietor that the whole or a specified part of the land is not subject to any rights of a qualifying person under this Part.E+W

Liability to compensate or indemnifyE+W

9(1)An action for breach of statutory duty lies where—E+W

(a)the disponor on a qualifying disposal fails to comply with paragraph 1 (duty to secure inclusion of statement in instrument effecting disposal), or

(b)the landlord on a change of the qualifying dwelling-house fails to comply with paragraph 5(2) or (4) (duty to apply for registration protecting preserved right to buy),

and a qualifying person is deprived of the preserved right to buy by reason of the non-registration of the matters which would have been registered if that duty had been complied with.

(2)If the Chief Land Registrar has to meet a claim under the [F244Land Registration Act 2002] as a result of acting upon-

(a)a certificate given in pursuance of paragraph 2 (certificate of title on first registration),

(b)a statement made in pursuance of paragraph 7 (statements required on disposal on which right to buy ceases to be preserved), or

(c)a certificate given in pursuance of paragraph 8 (certificate that dwelling-house has ceased to be subject to rights under this Part),

the person who gave the certificate or made the statement shall indemnify him.

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Amendments (Textual)

F244Words in Sch. 9A para. 9(2) substituted (13.10.2003) by 2002 c. 9, ss. 133, 136(2), Sch. 11 para. 18(11) (with s. 129); S.I. 2003/1725, art. 2(1)

Meaning of disposal and instrument effecting disposalE+W

10References in this Schedule to a disposal or to the instrument effecting a disposal are to the conveyance, transfer, grant or assignment, as the case may be.]E+W

F245F245SCHEDULE 10E+W

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Amendments (Textual)

F245Sch. 10 repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act (c. 34), ss. 266, 270(4)(5), {Sch. 16}; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S.I. 2006/1535, art. 2(c)(v) (with Sch.) (certain of the repeal(s) being subject to temp. savings in S.I. 2007/1904, (for E.) regs. 1(2), {13} (1.10.2007) and S.I. 2007/3231, (for W.) regs. 1(2), {13} (5.12.2007))

SCHEDULE 11E+W . . . F261

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Amendments (Textual)

SCHEDULE 12E+W . . . F262

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Amendments (Textual)

F262Sch. 12 repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(4), Sch. 12 Pt. II (in force 1.3.1990 but has no effect for financial year beginning before 1.4.1990)

F263F263SCHEDULE 13E+W

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Amendments (Textual)

F263Sch. 13 repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S.I. 2006/1535, art.