SCHEDULE 2THE RIGHT TO BUY PROVISIONS AS THEY APPLY IN CASES WHERE THE RIGHT TO BUY IS PRESERVED RIGHT TO BUY
HOUSES PROVIDED FOR SPECIAL PURPOSES
Secretary of State’s power to authorise refusal to sell certain qualifying houses provided for persons of pensionable age69
1
This section applies to a qualifying house which has facilities which are substantially different from those of an ordinary house and which has been designed or adapted for occupation by a person of pensionable age whose special needs require accommodation of the kind provided by the qualifying house.
1A
This section applies only to qualifying houses first let on a secure tenancy before 1st January 1990.
2
Where an application to purchase a qualifying house is served on a landlord and it appears to the landlord that–
a
the qualifying house is one to which this section applies; and
b
the qualifying person would, apart from this section, have a right under section 61 to purchase the qualifying house,
the landlord may, within one month after service of the application to purchase, instead of serving an offer to sell on the qualifying person, make an application to the Secretary of State under this section.
3
An application under subsection (2) shall specify the facilities and features of design or adaptation which in the view of the landlord cause the qualifying house to be a qualifying house to which this section applies.
4
Where the Secretary of State has received an application under this section and it appears to him that the qualifying house concerned is one to which this section applies, he shall authorise the landlord to serve on the qualifying person a notice of refusal under this section, which shall be served as soon as is practicable after the authority is given and in any event within one month thereafter.
5
A notice of refusal served under subsection (4) shall specify the facilities and features specified for the purposes of subsection (3) and that the Secretary of State’s authority for service of the said notice has been given.
6
Where the Secretary of State refuses an application made under subsection (2), the landlord shall serve on the qualifying person an offer to sell under section 63(2)–
a
within the period mentioned in that section; or
b
where the unexpired portion of that period is less than one month or there is not an expired portion of that period, within one month of the Secretary of State’s refusal.