The Housing (Right to Buy) (Prescribed Forms) (Amendment) (England) (No.2) Regulations 2005

Statutory Instruments

2005 No. 1736

HOUSING, ENGLAND

The Housing (Right to Buy) (Prescribed Forms) (Amendment) (England) (No.2) Regulations 2005

Made

29th June 2005

Coming into force

4th July 2005

The First Secretary of State, in exercise of the powers conferred by section 176(1) and (5) of the Housing Act 1985(1), hereby makes the following Regulations:

Citation, commencement and application

1.—(1) These Regulations may be cited as the Housing (Right to Buy) (Prescribed Forms) (Amendment) (England) (No.2) Regulations 2005 and shall come into force on 4^th July 2005.

(2) These Regulations apply in relation to dwelling-houses in England only.

Amendment of Regulations

2.  The Housing (Right to Buy) (Prescribed Forms) Regulations 1986(2) are amended by the substitution, for the form set out in Schedule 2, of the form set out in the Schedule to these Regulations.

Signed by authority of the First Secretary of State

Yvette Cooper

Minister of State, Office of the Deputy Prime Minister

29th June 2005

Regulation 2

SCHEDULE PRESCRIBED FORM

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply in relation to houses and flats in England only.

Regulation 2 of these Regulations substitutes the form of notice to be used by a landlord in admitting or denying a tenant’s claim under section 124(1) of the Housing Act 1985 (“the 1985 Act”) to buy the freehold or purchase a lease or leasehold interest of his or her property.

The new form RTB2 is set out in the Schedule to these Regulations and replaces the form set out in Schedule 2 to the Housing (Right to Buy) (Prescribed Forms) Regulations 1986 (“the 1986 Regulations”). By virtue of regulation 3 of the 1986 Regulations, a form substantially to the same effect as that set out in the Schedule to these Regulations may be used.

Part A of form RTB2 is to be completed where the right to buy is admitted.

Part B of the form is to be completed where the landlord denies the right to buy on grounds other than those set out in paragraph 11 of Schedule 5 to the 1985 Act. (Paragraph 11 applies to property first let before 1st January 1990 that is particularly suitable for occupation by elderly persons and was let for occupation by a person aged 60 or more.) The notes to the tenant differ from those in Part B of the form originally prescribed. They now inform the tenant that he or she has no right of appeal.

Part C of the form is to be completed where the landlord denies the right to buy on the grounds set out in paragraph 11 of Schedule 5 to the 1985 Act. The notes to the tenant differ from those in Part C of the form originally prescribed. They bring up to date the information about the exercise of the right of appeal in the circumstances relevant to that Part. In particular, they reflect the transfer of jurisdiction from the Secretary of State to a residential property tribunal, effected by section 181 of the Housing Act 2004 (c. 34).

The opportunity has been taken to make minor drafting changes.

The booklet “Your Right to Buy Your Home”, which is referred to in form RTB1 (notice claiming the right to buy in the form prescribed by regulation 2 of, and Schedule 1 to, the 1986 Regulations) and in the notes to the tenant in Part B of form RTB2 as substituted by these Regulations, may be accessed at www.odpm.gov.uk or obtained from HSF6 Division, Zone 2/G6, Eland House, Bressenden Place, London SW1E 5DU (020 7944 3427).

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.

(1)

1985 c. 68. The functions of the Secretary of State under section 176 are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), to which there are amendments not relevant to these Regulations.

(2)

S.I. 1986/2194. A relevant amending instrument is S.I. 1993/2246.