Search Legislation

Housing Act 1985

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes to legislation:

Housing Act 1985, Section 171B is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 171B:

  • s. 171B(4)(b)(i) words substituted by 1996 c. 27 Sch. 8 para. 34 (This amendment not applied to legislation.gov.uk. Sch. 8 Pt. 1 repealed (except for Sch. 8 paras. 4, 16(1)(5)(a)(6)(b)(7)) (13.5.2014) by 2014 c. 6, s. 18(2)(e))
  • specified provision(s) savings for amendments by 2018 anaw 1, s. 6, Sch. 6 by S.I. 2019/110 reg. 5

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1171BExtent of preserved right: qualifying persons and dwelling-houses.E+W

(1)A person to whom this section applies has the preserved right to buy [F2a relevant dwelling-house in England] so long as he occupies the relevant dwelling-house as his only or principal home, subject to the following provisions of this Part.

[F3(1A)A person to whom this section applies ceases to have the preserved right to buy if the tenancy of a relevant dwelling-house becomes a demoted tenancy by virtue of a demotion order under section 6A of the Housing Act 1988.]

(2)References in this Part to a “qualifying person” and “qualifying dwelling-house”, in relation to the preserved right to buy, are to a person who has that right and to a dwelling-house in relation to which a person has that right.

(3)The following are the persons to whom this section applies—

(a)the former secure tenant, or in the case of a joint tenancy, each of them;

(b)a qualifying successor as defined in subsection (4); and

(c)a person to whom a tenancy of a dwelling-house is granted jointly with a person who has the preserved right to buy in relation to that dwelling-house.

(4)The following are qualifying successors for this purpose—

[F4(a)where the former secure tenancy was not a joint tenancy and, immediately before his death, the former secure tenant was tenant under an assured tenancy of a dwelling-house in relation to which he had the preserved right to buy, a member of the former secure tenant’s family who acquired that assured tenancy under the will or intestacy of the former secure tenant [F5or in whom that assured tenancy vested under section 17 of the Housing Act 1988 (statutory succession to assured tenancy)];

(aa)where the former secure tenancy was not a joint tenancy, a member of the former secure tenant’s family to whom the former secure tenant assigned his assured tenancy of a dwelling-house in relation to which, immediately before the assignment, he had the preserved right to buy]

(b)a person who becomes the tenant of a dwelling-house in pursuance of—

(i)a property adjustment order undersection 23A or 24 of the Matrimonial Causes Act 1973, or

(ii)an order under Schedule 1 to the Matrimonial Homes Act 1983 [F6or Schedule 7 to the Family Law Act 1996] transferring the tenancy, [F7or

(iii)a property adjustment order under section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), or

(iv)an order under paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents),][F8or

(v) an order under Part 2 of Schedule 5, or a property adjustment order under paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ), ]

in place of a person who had the preserved right to buy in relation to that dwelling-house.

(5)The relevant dwelling-house is in the first instance—

(a) in relation to a person within paragraph (a) subsection (3), the dwelling-house which was the subject of the qualifying disposal;

(b) in relation to a person within paragraph (b) of that subsection, the dwelling-house of which he became the statutory tenant or tenant as mentioned in [F9 subsection (4) ] ;

(c) in relation to a person within paragraph (c) of subsection (3), the dwelling-house of which he became a joint tenant as mentioned in that paragraph.

(6)If a person having the preserved right to buy becomes the tenant of another dwelling-house [F10in England] in place of the relevant dwelling-house (whether the new dwelling-house is entirely different or partly or substantially the same as the previous dwelling-house) and the landlord is the same person as the landlord of the previous dwelling-house or, where that landlord was a company, is a connected company, the new dwelling-house becomes the relevant dwelling-house for the purposes of the preserved right to buy.

For this purpose “ connected company ” means a subsidiary or holding company within the meaning of [F11 section 1159 of the Companies Act 2006 ].

F12(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F3S. 171B(1A) inserted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and 30.4.2005 otherwise for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14, 93(2), Sch. para. 2(3); S.I. 2004/1502, art. 2(a)(iii); S.I. 2004/2557, art. 2(a)(ii); S.I. 2005/1225, art. 2(b)

F4S. 171B(4)(a)(aa) substituted for S. 171B(4)(a) by Housing Act 1988 (c. 50, SIF 61), s. 127(1)

F5Words in s. 171B(4)(a) inserted (24.9.1996) by 1996 c. 52, ss. 222, 232(2), Sch. 18 Pt. IV para. 26(1)(a)

F6Words in s. 171B(4)(b)(ii) inserted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 56 (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3

F7S. 171B(4)(b)(iii)(iv) and word preceding it inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 16; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F8S. 171B(4)(b)(v) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 31; S.I. 2005/3175, art. 2(1), Sch. 1

F9Words in s. 171B(5)(b) substituted (24.9.1996) by 1996 c. 52, s. 222, 232(2), Sch. 18 Pt. IV para. 26(1)(b)

F11Words in s. 171B(6) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order (S.I. 2009/1941), art. 2(1), Sch. 1 para. 62(5) (with art. 10)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources