http://www.legislation.gov.uk/id/uksi/1997/619/schedule/1

http://www.legislation.gov.uk/uksi/1997/619/schedule/1/paragraph/4/made

The Housing (Right to Acquire) Regulations 1997

Council tenancies

Right to buy your home

Assured tenancies

King's Printer of Acts of Parliament

2013-07-10

HOUSING, ENGLAND AND WALES

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; andadd 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.

The Housing (Right to Acquire) Regulations 1997

Sch 1

para. 4

The Housing (Wales) Measure 2011 (Consequential Amendments to Subordinate Legislation) Order 2012

Gorchymyn Mesur Tai (Cymru) 2011 (Diwygiadau Canlyniadol i Is-ddeddfwriaeth) 2012

Sch.

para. 3(2)(c)(i)

art. 1(2)

The Housing (Right to Acquire) Regulations 1997

Sch 1

para. 4

The Housing (Wales) Measure 2011 (Consequential Amendments to Subordinate Legislation) Order 2012

Gorchymyn Mesur Tai (Cymru) 2011 (Diwygiadau Canlyniadol i Is-ddeddfwriaeth) 2012

Sch.

para. 3(2)(c)(ii)

art. 1(2)

The Housing (Right to Acquire) Regulations 1997

Sch 2

para. 122A

122B

The Housing (Wales) Measure 2011 (Consequential Amendments to Subordinate Legislation) Order 2012

Gorchymyn Mesur Tai (Cymru) 2011 (Diwygiadau Canlyniadol i Is-ddeddfwriaeth) 2012

Sch.

para. 3(4)

art. 1(2)

The Housing (Right to Acquire) Regulations 1997

Sch 2

para. 124(3)

The Housing (Wales) Measure 2011 (Consequential Amendments to Subordinate Legislation) Order 2012

Gorchymyn Mesur Tai (Cymru) 2011 (Diwygiadau Canlyniadol i Is-ddeddfwriaeth) 2012

Sch.

para. 3(5)(b)

art. 1(2)

The Housing (Right to Acquire) Regulations 1997

Sch. 2

para. 121(2)(za)

The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016

Sch. 2

para. 7

reg. 1

SCHEDULE 1MODIFICATIONS TO PART V OF THE HOUSING ACT 1985

4

At the end of section 122 (tenant’s notice claiming to exercise the right to acquire) add—

4
The tenant shall not make an application to acquire the dwelling-house under section 16 of the Housing Act 1996 (right of tenant to acquire dwelling) at any time when the tenant has made an application to buy under this Part, as it applies in relation to the right to buy and the preserved right to buy, which has not been withdrawn by the tenant or denied by the landlord, but nothing in this subsection shall prevent the tenant withdrawing such an application and submitting an application under section 16 of the Housing Act 1996 (right of tenant to acquire dwelling)