Housing Act 1985 (c. 68)

SCHEDULES

SCHEDULE 4 E+W Qualifying Period for Right to Buy and Discount

The landlord condition E+W

7 (1) The landlord condition is, subject to [F1 [F2 paragraphs 7A and 7B and] and to] any order under paragraph 8, that the interest of the landlord belonged to, or to a predecessor of— E+W

• a local authority,

• a [F3 development] corporation,

• [F4 a housing action trust]

• the Development Board for Rural Wales,

• an urban development corporation,

• [F5 a Mayoral development corporation, ]

• [F6 the Commission for the New Towns,]

• the [F7 [F8 Regulator of Social Housing] or Housing for Wales],

• a [F9 a non-profit registered provider of social housing which is not a co-operative housing association,][F10 registered social landlord] which is not a co-operative housing association,

[F11 the Secretary of State where that interest belonged to him as the result of the exercise by him of functions under Part III of the Housing Associations Act 1985.]

F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,

or to, or to a predecessor of, an authority or other body falling within sub-paragraph (2) or (3) (corresponding authorities and bodies in Scotland and Northern Ireland),

( 2 ) The corresponding authorities and bodies in Scotland are—

• a [F13 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ] ,

• a joint board or joint committee of such a council,

• the common good of such a council or a trust under its control,

• a development corporation established by an order made or having effect as if made under the M1 New Towns (Scotland) Act 1968,

• [F14 the Scottish Special Housing Association]

• [F14 Scottish Homes],

• a housing association which falls within [F15 section 61(2)(a)(vi) of the Housing (Scotland) Act 1987] but is not a registered society within the meaning of section [F15 45] of that Act, and

• F16 . . .

(3) The corresponding authorities and bodies in Northern Ireland are—

• a district council within the meaning of the M2 Local Government Act (Northern Ireland) 1972,

• the Northern Ireland Housing Executive, and

• a registered housing association within the meaning of Chapter II of Part II of the M3 Housing (Northern Ireland) Order 1983.

Textual Amendments

F1 Words in Sch. 4 para. 7(1) inserted (17.8.1992) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 40(3)(a); S.I. 1992/1753, art. 2(2) (subject to a restriction in Sch. para. 5)

F2 Words in Sch. 4 para. 7(1) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 31(2)(a) (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)

F3 Words in Sch. 4 para. 7(1) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 31(2)(b) (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)

F4 Entry in Sch. 4 para. 7(1) inserted by Housing Act 1988 (c. 50, SIF 61) s. 83(7)

F5 Words in Sch. 4 para. 7(1) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 19

F6 Words in Sch. 4 para. 7(1) inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 31(2)(c) (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)

F7 Words in Sch. 4 para. 7(1) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 22 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F8 Words in Sch. 4 para. 7(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 38(2)(a) (with art. 6, Sch. 3)

F9 Words in Sch. 4 para. 7(1) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 38(2)(b) (with art. 6, Sch. 3)

F10 Words in Sch. 4 para. 7(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(32)

F11 Entry in Sch. 4 para. 7(1) inserted (15.1.1999) by S.I. 1999/61, art. 2, Sch. para. 2

F12 Entry in Sch. 4 para. 7(1) repealed by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2)(3), Sch. 5 Pt. II para. 40(3)(a), Sch. 12 Pt. I

F13 In Sch. 4 para. 7(2) for the reference to “regional, islands or district council”there is substituted a reference to “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”by 1994 c. 39, s. 180(1), Sch. 13 para. 142(3)(a) (which by s. 184(4) extends to Scotland only); S.I. 1996/323, art. 4(1)(c)

F14 In Sch. 4 para. 7(2) for the reference to the Scottish Special Housing Association there is substituted a reference to Scottish Homes by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3(3), Sch. 2 para. 1

F15 By Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 30(4)(a)(which by s. 340(3) is expressed to extend to Scotland only) it is provided that in para. 7(2) in the definition of “housing association”, for “paragraph (e) of section 10(2) of the Tenants' Rights, Etc. (Scotland) Act 1980” and “11” there are substituted (S.) “section 61(2)(a)(vi) of the Housing (Scotland) Act 1987” and “45” respectively

F16 Words in Sch. 4 para. 7(2) repealed (17.8.1992) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 40(3)(b); S.I. 1992/1753, art. 2(2) (with restriction in Sch. para. 5)

Modifications etc. (not altering text)

C1 Sch. 4 para. 7(1) explained by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 5(1), Sch. 3 para. 5(3)

Sch. 4 para. 7(1) modified (17.8.1992) by S.I. 1992/1709, reg. 2(b)

C2 Sch. 4 para. 7(1) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), art. 3, Sch. para. 2(1) (with art. 6); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)

C3 Sch. 4 para. 7(1) excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 9

C4 In Sch. 4 para. 7(2) for the reference to the Scottish Special Housing Association there is substituted a reference to Scottish Homes by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3(3), Sch. 2 para. 1

Marginal Citations

M1 1968 c. 16.

M2 1972 c. 9 (N.I.).

M3 S.I. 1983/1118 (N.I. 15).

[F17 7A (1) The landlord condition shall be treated as having been satisfied in the case of a dwelling-house comprised in a housing co-operative agreement made— E+W

(a) in England and Wales, by a local housing authority, new town corporation or the Development Board for Rural Wales, or

(b) in Scotland, by [F18 a local housing authority],

if the interest of the landlord belonged to the housing co-operative.

(2) In sub-paragraph (1) “ housing co-operative agreement ” and “ housing co-operative ”—

(a) as regards England and Wales have the same meaning as in section 27B (agreements with housing co-operatives under superseded provisions), and

(b) as regards Scotland mean an agreement made under section 5 of the Housing Rents and Subsidies (Scotland) Act 1975 and a housing co-operative within the meaning of that section.]

Textual Amendments

F17 Sch. 4 para. 7A inserted (17.8.1992) by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 40(4); S.I. 1992/1753, art. 2(2) (subject to a restriction in Sch. para. 5)

F18 In Sch. 4 para. 7A(1)(b) for the reference to “an islands or district council”there is substituted a reference to “a local housing authority”by 1994 c. 39, s. 180(1), Sch. 13 para. 142(3)(b) (which by s. 184(4) extends to Scotland only); S.I. 1996/323, art. 4(1)(c)

[F19 7B E+W The landlord condition shall be treated as having been satisfied in the case of a dwelling-house let under a tenancy falling within section 80(2A) to (2E) at any time if, at that time, the interest of the landlord belonged to—

(a) the Homes and Communities Agency,

[F20 (aa) the Greater London Authority, or]

(b) the Welsh Ministers.]

Textual Amendments

F19 Sch. 4 para. 7B inserted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 31(3) (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)

F20 Sch. 4 para. 7B(aa) substituted (1.4.2012) for word by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 20; S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

8 (1) The landlord condition shall also be treated as having been satisfied, in such circumstances as may be prescribed for the purposes of this paragraph by order of the Secretary of State, if the interest of the landlord belonged to a person who is so prescribed. E+W

(2) An order under this paragraph—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.