16 Right of tenant to acquire dwelling.E+W
(1)A tenant of a registered social landlord has the right to acquire the dwelling of which he is a tenant if—
(a)he is a tenant under an assured tenancy, other than an assured shorthold tenancy or a long tenancy, or under a secure tenancy,
(b)the dwelling was provided with public money and has remained in the social rented sector, and
(c)he satisfies any further qualifying conditions applicable under Part V of the M1Housing Act 1985 (the right to buy) as it applies in relation to the right conferred by this section.
(2)For this purpose a dwelling shall be regarded as provided with public money if—
(a)it was provided or acquired wholly or in part by means of a grant under section 18 (social housing grant),
(b)it was provided or acquired wholly or in part by applying or appropriating sums standing in the disposal proceeds fund of a registered social landlord (see section 25), or
(c)it was acquired by a registered social landlord after the commencement of this paragraph on a disposal by a public sector landlord at a time when it was capable of being let as a separate dwelling.
(3)A dwelling shall be regarded for the purposes of this section as having remained within the social rented sector if, since it was so provided or acquired—
(a)the person holding the freehold interest in the dwelling has been either a registered social landlord or a public sector landlord; and
(b)any person holding an interest as lessee (otherwise than as mortgagee) in the dwelling has been—
(i)an individual holding otherwise than under a long tenancy; or
(ii)a registered social landlord or a public sector landlord.
(4)A dwelling shall be regarded for the purposes of this section as provided by means of a grant under section 18 (social housing grant) if, and only if, the [F1Relevant Authority] when making the grant notified the recipient that the dwelling was to be so regarded.
The [F1Relevant Authority] shall before making the grant inform the applicant that it proposes to give such a notice and allow him an opportunity to withdraw his application within a specified time.
[F2(5)But notice must be taken to be given to a registered social landlord under subsection (4) by the Housing Corporation if it is sent using electronic communications to such number or address as the registered social landlord has for the time being notified to the Housing Corporation for that purpose.
(6)The means by which notice is sent by virtue of subsection (5) must be such as to enable the registered social landlord to reproduce the notice by electronic means in a form which is visible and legible.
(7)An electronic communication is a communication transmitted (whether from one person to another, from one device to another, or from a person to a device or vice versa)—
(a)by means of [F3an electronic communications network]; or
(b)by other means but while in an electronic form.]
Textual Amendments
F1Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.
F2S. 16(5)-(7) added (E.) (24.10.2001) by S.I. 2001/3257, art. 2
F3Words in s. 16(7)(a) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 408(6), 411(2), Sch. 17 para. 136 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
Modifications etc. (not altering text)
C1S. 16 restricted (1.4.1997) by Housing Act 1985 c. 68, Pt. V (see s. 122(4)) as modified by S.I. 1997/619, art. 2(1)(2), Sch. 1 para. 4, Sch. 2
S. 16 applied (10.5.1999) by S.I. 1999/1135, art. 2, Sch.
C2S. 16(2)(c) restricted (5.3.1997) by S.I. 1997/618, art. 2, Sch. para. 1
Marginal Citations