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The Housing (Right to Buy) (Prescribed Forms) (Amendment) Regulations 1993

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Citation and commencement

1.  These Regulations may be cited as the Housing (Right to Buy) (Prescribed Forms) (Amendment) Regulations 1993 and shall come into force on 11th October 1993.

Amendments

2.—(1) The Housing (Right to Buy) (Prescribed Forms) Regulations 1986(1) are amended in accordance with the following provisions of this regulation.

(2) After regulation 3 insert—

3A.  The form set out in Schedule 3 to these regulations, or a form substantially to the like effect, shall be the form of notice to be used by a secure tenant in claiming to exercise the right to acquire on rent to mortgage terms under section 144 of the Housing Act 1985.

3B.  The form set out in Schedule 4 to these regulations, or a form substantially to the like effect, shall be the form of notice to be used by the landlord in admitting or denying the tenant’s right to acquire on rent to mortgage terms under section 146 of the Housing Act 1985.(2).

(3) In Schedule 1 (form of notice claiming right to buy)—

(a)in the first paragraph(3) omit “new town development corporations, and”;

(b)after the first paragraph insert—

Tenants who wish to claim the right to acquire their homes on rent to mortgage terms should also complete this form. The procedure for applying for the right to buy and for rent to mortgage is at first the same. You decide at a later stage which option you wish to pursue-see the section of this form headed “What happens next?”.;

(c)in the third paragraph for “(B3/3), Victoria Road, Ruislip, HA4 0NZ” substitute “, P.O. Box 151, London E15 2HF”; and

(d)in Part G—

(i)above the last space for a signature omit “and the right to a mortgage”; and

(ii)for the second paragraph after the heading “What happens next?” substitute—

After admitting your right to buy your landlord must notify you of the proposed terms of sale, including the purchase price. Your landlord must also give you information about the rent to mortgage scheme. At that stage you must decide whether to go ahead with the right to buy, or to apply to acquire on rent to mortgage terms, or to withdraw your application.

If you decide on the right to buy or on rent to mortgage, you are not committed to buying the property under either scheme. You can transfer later from one scheme to the other. You may also withdraw at any time before completion by writing to your landlord..

(4) In Schedule 2 (notice in reply to tenant’s right to buy claim)—

(a)in Part A(4) omit the parenthetical words immediately after—

(i)“property is admitted”; and

(ii)(in the note to tenant) “The landlord is”;

(b)in Part B—

(i)for the heading substitute—

Part B: Denial of the right to buy on grounds other than paragraph 11 of Schedule 5 to the Housing Act 1985; and

(ii)after “statutory provisions” insert “. Complete Part C as well as Part B if the right to buy is denied on the ground in paragraph 11 of Schedule 5 to the Housing Act 1985 and on another ground.”; and

(c)for Part C substitute—

”.

(5) After Schedule 2, insert, as Schedules 3 and 4, the content of the Schedule to these Regulations.

Revocation

3.  The Housing (Right to Buy) (Prescribed Forms) (Amendment) Regulations 1990(5) are hereby revoked.

Savings

4.  These Regulations do not apply in a case where a notice under section 122 of the Housing Act 1985 (tenant’s notice claiming to exercise the right to buy) was served before 11th October 1993.

Signed by authority of the Secretary of State

G. S. K. Young

Minister of State,

Department of the Environment

8th September 1993

John Redwood

Secretary of State for Wales

9th September 1993

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