Housing Act 1996

Right of tenant to acquire dwelling E+W

Modifications etc. (not altering text)

C1 Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)

16 Right of tenant to acquire dwelling. E+W

[F1 (1) [F2 Subject to section 16B,] the tenant of a dwelling in Wales has a right to acquire the dwelling if—

(a) the landlord is a registered social landlord or a registered provider of social housing,

(b) the tenancy is—

(i) an assured tenancy, other than an assured shorthold tenancy or a long tenancy, or

(ii) a secure tenancy,

(c) the dwelling was provided with public money and has remained in the social rented sector, and

(d) the tenant satisfies any further qualifying conditions applicable under Part V of the Housing Act 1985 (the right to buy) as it applies in relation to the right conferred by this section.]

(2) For this purpose a dwelling shall be regarded as provided with public money if—

(a) it was provided or acquired wholly or in part by means of a grant under section 18 (social housing grant),

(b) it was provided or acquired wholly or in part by applying or appropriating sums standing in the disposal proceeds fund of a registered social landlord (see section 25), or

(c) it was acquired by a registered social landlord [F3 or a [F4 private registered provider] of social housing] after the commencement of this paragraph on a disposal by a public sector landlord at a time when it was capable of being let as a separate dwelling.

(3) A dwelling shall be regarded for the purposes of this section as having remained within the social rented sector if, since it was so provided or acquired—

(a) the person holding the freehold interest in the dwelling has been either a [F5 , a [F4 private registered provider] of social housing] or a public sector landlord; and

(b) any person holding an interest as lessee (otherwise than as mortgagee) in the dwelling has been—

(i) an individual holding otherwise than under a long tenancy; or

(ii) a [F6 , a [F4 private registered provider] of social housing ] or a public sector landlord.

[F7 (3A) In subsection (3)(a) the reference to the freehold interest in the dwelling includes a reference to such an interest in the dwelling as is held by the landlord under a lease granted in pursuance of paragraph 3 of Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 (mandatory leaseback to former freeholder on collective enfranchisement).]

(4) A dwelling shall be regarded for the purposes of this section as provided by means of a grant under section 18 (social housing grant) if, and only if, [F8 the Welsh Ministers] when making the grant notified the recipient that the dwelling was to be so regarded.

The [F9 Relevant Authority] shall before making the grant inform the applicant that it proposes to give such a notice and allow him an opportunity to withdraw his application within a specified time.

F10 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 16(1) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(1)(a), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F2 Words in s. 16(1) inserted (24.3.2018) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), ss. 4(3), 11(2)

F3 Words in s. 16(2)(c) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(1)(b), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F4 Words in s. 16 substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 23(2)

F5 Words in s. 16(3)(a) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(1)(c), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F6 Words in s. 16(3)(b)(ii) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(1)(c), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F7 S. 16(3A) inserted (18.1.2005) by Housing Act 2004 (c. 34), ss. 202(2), 270(3)(a) (with s. 202(3))

F8 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F9 Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.

F10 S. 16(5)-(7) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 84, Sch. 4 (with art. 6, Sch. 3)

Modifications etc. (not altering text)

C2 S. 16 restricted (1.4.1997) by Housing Act 1985 c. 68, Pt. V (see s. 122(4)) as modified by S.I. 1997/619, art. 2(1)(2), Sch. 1 para. 4, Sch. 2

S. 16 applied (10.5.1999) by S.I. 1999/1135, art. 2, Sch.

C3 S. 16: transfer of functions (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2

C4 S. 16 modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 5 (with art. 6)

C5 S. 16(2)(c) restricted (5.3.1997) by S.I. 1997/618, art. 2, Sch. para. 1

[F11 16A Extension of section 16 to dwellings funded by grants under section 27A E+W

(1) Section 16 applies in relation to a dwelling [F12 in Wales] (“a funded dwelling”) provided or acquired wholly or in part by means of a grant under section 27A (grants to bodies other than registered social landlords) with the following modifications.

(2) In section 16(1) the reference to a registered social landlord includes a reference to any person to whom a grant has been paid under section 27A.

(3) In section 16(2) and (4) any reference to section 18 includes a reference to section 27A.

(4) For the purposes of section 16 a funded dwelling is to be regarded as having remained within the social rented sector in relation to any relevant time if, since it was acquired or provided as mentioned in subsection (1) above, it was used—

(a) by the recipient of the grant mentioned in that subsection, or

(b) if section 27B applies in relation to the grant, by each person to whom the grant was, or is treated as having been, paid,

exclusively for the purposes for which the grant was made or any other purposes agreed to by [F8 the Welsh Ministers].

(5) In subsection (4) “relevant time” means a time when the dwelling would not be treated as being within the social rented sector by virtue of section 16(3).]

Textual Amendments

F8 Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F11 S. 16A inserted (17.2.2005 for E.) by Housing Act 2004 (c. 34), ss. 221, 270(4), (5)(c); S.I. 2005/326, art. 2(b)

F12 Words in s. 16A(1) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 185(2), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C6 S. 16A modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 5 (with art. 6)

C7 S. 16A: transfer of functions (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 2

[F13 16B Restriction on exercising the right to acquire E+W

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

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

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

(2) For the purposes of this Part—

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

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

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

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

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

Textual Amendments

F13 S. 16B inserted (24.3.2018) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), ss. 4(2), 11(2)

[F14 16C Exception to restriction on exercising the right to acquire E+W

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

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

(b) the order is made—

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

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

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

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

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

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

Textual Amendments

F14 S. 16C inserted (24.3.2018) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), ss. 5(2), 11(2)

17 Right of tenant to acquire dwelling: supplementary provisions. E+W

(1) The [F15 Welsh Ministers] may by order—

(a) specify the amount or rate of discount to be given on the exercise of the right conferred by section 16; and

(b) designate rural areas in relation to dwellings in which the right conferred by that section does not arise.

(2) The provisions of Part V of the Housing Act 1985 apply in relation to the right to acquire under section 16—

(a) subject to any order under subsection (1) above, and

(b) subject to such other exceptions, adaptations and other modifications as may be specified by regulations made by the [F16 Welsh Ministers] .

(3) The regulations may provide—

(a) that the powers of the Secretary of State under sections 164 to 170 of that Act (powers to intervene, give directions or assist) do not apply,

(b) that paragraphs 1 and 3 (exceptions for charities and certain housing associations), and paragraph 11 (right of appeal to Secretary of State), of Schedule 5 to that Act do not apply,

(c) that the provisions of Part V of that Act relating to the right to acquire on rent to mortgage terms do not apply,

(d) that the provisions of that Part relating to restrictions on disposals in National Parks, &c. do not apply, and

(e) that the provisions of that Part relating to the preserved right to buy do not apply.

Nothing in this subsection affects the generality of the power conferred by subsection (2).

(4) The specified exceptions, adaptations and other modifications shall take the form of textual amendments of the provisions of Part V of that Act as they apply in relation to the right to buy under that Part; and the first regulations, and any subsequent consolidating regulations, shall set out the provisions of Part V as they so apply.

(5) An order or regulations under this section—

(a) may make different provision for different cases or classes of case including different areas, and

(b) may contain such incidental, supplementary and transitional provisions as the [F17 Welsh Ministers] considers appropriate.

(6) Before making an order which would have the effect that an area ceased to be designated under subsection (1)(b), the [F18 Welsh Ministers] shall consult—

(a) the local housing authority or authorities in whose district the area or any part of it is situated or, if the order is general in its effect, local housing authorities in general, and

(b) such bodies appearing to [F19 them] to be representative of registered social landlords as [F20 they] [F21 consider] appropriate.

(7) An order or regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either [F22 the National Assembly for Wales] .

Textual Amendments

F15 Words in s. 17(1) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F16 Words in s. 17(2)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F17 Words in s. 17(5)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F18 Words in s. 17(6) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F19 Word in s. 17(6) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(d), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F20 Word in s. 17(6) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(c), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F21 Word in s. 17(6) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(e), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F22 Words in s. 17(7) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 63, 325(1); S.I. 2010/862, art. 2 (with Sch.)

Modifications etc. (not altering text)

C8 S. 17 applied (with modifications) (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 184(1), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)