Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017

Shared ownership leases: interpretation E+W

9 (1) For the purposes of paragraphs 6, 7 and 8, a “"shared ownership lease”” means a lease granted— E+W

(a) by a qualifying body, or

(b) in pursuance of the preserved right to buy,

in relation to which the conditions in paragraph 3(2) or 5(2) are met.

(2) Sub-paragraphs (3) and (4) apply to paragraphs 3 to 8.

(3) A “"qualifying body”” means—

(a) a local housing authority within the meaning given by section 1 of the Housing Act 1985 (c. 68);

(b) a housing association within the meaning given by the Housing Associations Act 1985 (c. 69);

(c) a housing action trust established under Part 3 of the Housing Act 1988 (c. 50).

(4) A lease is granted in pursuance of the preserved right to buy if—

(a) the seller is a person against whom the right to buy under Part 5 of the Housing Act 1985 (c. 68) is exercisable by virtue of section 171A of that Act (preservation of right to buy on disposal to private sector landlord),

(b) the tenant is the qualifying person for the purposes of the preserved right to buy, and

(c) the lease is of a dwelling that is the qualifying dwelling-house in relation to the buyer.

(5) In sub-paragraph (4), “"qualifying person”” (“"person cymwys”") and “"qualifying dwelling-house”” (“"tŷ annedd cymwys”") have the meaning given by section 171B of the Housing Act 1985 (c. 68).

Commencement Information

I1 Sch. 15 para. 9 in force at 1.4.2018 by S.I. 2018/34, art. 3