Housing Act 1985

[F1 171D Subsequent dealings: disposal of landlord’s interest in qualifying dwelling-house. E+W

(1) The disposal by the landlord of an interest in the qualifying dwelling-house, whether his whole interest or a lesser interest, does not affect the preserved right to buy, unless—

(a) as a result of the disposal an authority or body within section 80(1) (the landlord condition for secure tenancies) becomes the landlord of the qualifying person or persons, or

(b) paragraph 6 of Schedule 9A applies (effect of failure to register entry protecting preserved right to buy),

in which case the right to buy ceases to be preserved.

(2) The disposal by the landlord of a qualifying dwelling-house of less than his whole interest as landlord of the dwelling-house, or in part of it, requires the consent of the [F2 appropriate authority], unless the disposal is to the qualifying person or persons.

[F3 (2A) “ The appropriate authority ” means—

(a) in relation to a disposal of land in England by a [F4 private registered provider] of social housing, the Regulator of Social Housing,

(b) in relation to any other disposal of land in England, the Secretary of State, and

(c) in relation to a disposal of land in Wales, the Welsh Ministers.]

(3) Consent may be given in relation to a particular disposal or generally in relation to disposals of a particular description and may, in either case, be given subject to conditions.

(4) A disposal made without the consent required by subsection (2) is void, except in a case where, by reason of a failure to make the entries on the land register or land charges register required by Schedule 9A, the preserved right to buy does not bind the person to whom the disposal is made.]

Textual Amendments

F1 Ss. 171A–171H inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 8(1)

F2 Words in s. 171D(2) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 191(1)(a), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F3 S. 171D(2A) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 191(1)(b), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)

F4 Words in s. 171D(2A)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 17

Modifications etc. (not altering text)

C1 S. 171D: transfer of functions (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 190(a), 325(1) (with s. 189); S.I. 2010/862, art. 2 (with Sch.)