- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Regulations)
Part 5 of the Housing Act 1985 (“the Act”) confers on the secure tenants of certain landlords a right to buy their homes, subject to specific exceptions. Section 189 of the Housing Act 2004 inserts new sections 121AA and 121B in Part 5 of the Act, replacing the duty in section 104(1)(b) of the Act regarding provision by landlords of information in connection with the right to buy. Under these new sections a landlord of secure tenants must now supply those tenants with a document containing information on the matters (and restricted to those matters) specified by the Secretary of State in an order. Landlords may provide information in the form that they consider appropriate, so long as it covers the specified matters. The document must be available at the landlord’s principal offices and at such other places it considers appropriate, and a copy of the current version of the document must be supplied free of charge to any person requesting it.
Article 3 provides that the matters set out in the Schedule are specified as those on which information must be provided. Article 4 specifies when the document must be published. Article 5 gives details of when the document must be supplied to secure tenants. Tenants must be sent the document as soon as practicable after it is first published, whenever it is revised, and in any case at least once in every 5 years. Each new tenant must be given a copy of the document at the time of signing the tenancy.
Sections 121AA and 121B of the Act refer only to secure tenants exercising the right to buy or the right to acquire on rent to mortgage terms. Information on the right to acquire on rent to mortgage terms is not specified because section 190 of the Housing Act 2004 provides that from 18 July 2005 it will no longer be possible to exercise that right. Applications made before that date will continue to be valid.
By section 171C(1) of the Act and section 17(2) of the Housing Act 1996, Part 5 of the Act applies also to those tenants who have the preserved right to buy or the right to acquire. Accordingly sections 121AA and 121B, and this Order also apply to those tenants.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: