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The Housing (Extension of Right to Buy) Order 1993

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63.  In section 184(1) (land let with or used for purposes of dwelling-house)—

(a)for subsection (1) substitute—

(1) For the purposes of this Part land owned by the freeholder in fee simple—

(a)which is let by the freeholder to the landlord or to an intermediate landlord,

(b)in respect of which each of the intermediate landlords (if any) is an authority or body specified in article 3(2) of the Housing (Extension of Right to Buy) Order 1993, and

(c)which is let to the tenant together with the dwelling-house,

shall be treated as part of the dwelling-house, unless the land is agricultural land (within the meaning set out in section 26(3)(a) of the General Rate Act 1967) exceeding two acres.;

(b)in subsection (2)—

(i)after the words “any land” insert the words “owned by the freeholder in fee simple”, and

(ii)for paragraphs (a) and (b) substitute—

(a)the leases of the land (if any), other than any granted by way of security, are held by authorities or bodies which hold a lease of the dwelling-house and which are authorities or bodies specified in article 3(2) of the Housing (Extension of Right to Buy) Order 1993,

(b)the tenant, by a written notice served on the landlord or the freeholder (as the case may be) at any time before he exercises the right to buy or the right to acquire on rent to mortgage terms, requires the land to be included in the dwelling-house, and

(c)it is reasonable in all the circumstances that the land should b so included.;

(c)in subsection (3), for the words “the landlord” substitute the words “the landlord or the freeholder (as the case may be)”;

(d)after subsection (3), insert the following subsections—

(3A) A notice under subsection (2) or (3), if served before the freeholder serves on the tenant a notice under section 124 (notice admitting or denying right to buy), shall be served on the landlord and in any other case shall be served on the freeholder.

(3B) On receiving any notice served by the tenant under this section, the landlord shall, as soon as practicable—

(a)serve a copy of the notice on the authority or body which is its landlord in relation to the dwelling-house, and

(b)serve on the tenant notice in writing that this has been done and of the name and address of that authority or body.

(3C) If the authority or body referred to in subsection (3B)(a) is an intermediate landlord, it shall in turn serve a copy of the notice on the authority or body which is its immediate landlord in relation to the dwelling-house (and so on, if that authority or body is also an intermediate landlord).

(3D) An authority or body which serves a copy of the tenant’s notice on another authority or body in accordance with subsection (3C) shall at the same time notify the landlord and the tenant that this has been done and of the name and address of the authority or body.

(3E) On receiving a notice served on it by the tenant under this section, the freeholder shall, as soon as practicable, serve a copy of the notice on each authority or body which, to its knowledge, has a leasehold interest in the dwelling-house and notify the tenant that this has been done.; and

(e)in subsection (4), omit from the first set of brackets the word “landlord's”.

(1)

Section 184 was amended by paragraph 24 of Schedule 21 to the Leasehold Reform, Housing and Urban Development Act 1993.

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