The Housing (Right to Acquire) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations modify Part V of the Housing Act 1985 (the right to buy) for cases where a tenant has the right to acquire the dwelling-house under section 16 of the Housing Act 1996. Schedule 1 specifies the modifications and Schedule 2 sets out Part V of the 1985 Act as so modified. In particular, the Regulations—

• exclude the right to buy on rent to mortgage terms and the preserved right to buy;

• remove the exceptions to the right to buy in paragraphs 1, 3 and 11 of Schedule 5 to the 1985 Act (charities; certain housing associations; certain dwelling-houses for the elderly;

• add exceptions to the right to acquire in paragraphs 1A, 9A and 13 of Schedule 5 (dwelling-houses in designated rural areas; dwelling-house for persons with special needs; dwelling-houses charged with debts equal to or greater than the purchase price plus discount);

• provide for the tenant to acquire the dwelling-house at a discount as specified in an order made by the Secretary of State under section 17 of the Housing Act 1996;

• disapply the restrictions on the disposals in National Parks etc. in sections 157 and 158 of the 1985 Act and the powers of the Secretary of State to intevene etc. under sections 164 to 170 of that Act; and

• add provisions in paragraphs 22 and 23 of Schedule 6 on the discharge or release of charges on the landlord’s interest in the dwelling-house.