Statutory Instruments
1993 No. 2246
HOUSING, ENGLAND AND WALES
The Housing (Right to Buy) (Prescribed Forms) (Amendment) Regulations 1993
Made
9th September 1993
Coming into force
11th October 1993
The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 176(1) and (5) of the Housing Act 1985(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:
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(2) 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.”(3).
(3) In Schedule 1 (form of notice claiming right to buy)—
(a)in the first paragraph(4) 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(5) 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(6) 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
Regulation 2(5)
SCHEDULE
Regulation 3A
“SCHEDULE 3
Form RTB 3HOUSING ACT 1985: SECTION 144NOTICE CLAIMING THE RIGHT TO ACQUIRE ON RENT TO MORTGAGE TERMS
Regulation 3B
SCHEDULE 4
Form RTB 3AHOUSING ACT 1985: SECTION 146NOTICE IN REPLY TO TENANT'S NOTICE CLAIMING THE RIGHT TOACQUIRE ON RENT TO MORTGAGE TERMS
”
Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the forms of notice (prescribed by the Right to Buy (Prescribed Forms) Regulations 1986) to be used by secure tenants to claim the right to buy under Part V of the Housing Act 1985 and by the landlord in reply.The amendments are subject to the saving provision in regulation 4. The Regulations also prescribe the form to be used by tenants claiming the right to acquire on rent to mortgage terms under Part V and the form of notice to be used by a landlord to admit or deny that claim.
The amendments and the new forms are consequential on amendments made to Part V of the Housing Act 1985 by the Leasehold Reform, Housing and Urban Development Act 1993. The 1993 Act added to Part V the right to acquire on rent to mortgage terms and substituted a new paragraph 11 (exclusion from the right to buy for certain dwelling-houses) in Schedule 5 to the Housing Act 1985.
Section 144 was substituted by section 109 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), and section 146 was substituted by section 110 of that Act.
Substituted by S.I. 1989/239.
The words to be omitted were inserted by S.I. 1990/207.