Leasehold Reform, Housing and Urban Development Act 1993

124 Existing rights with respect to disposals by housing action trusts. E+W

(1) In subsection (2)(b) of section 79 of the M1 Housing Act 1988 (disposals by housing action trusts), the words “in accordance with section 84 below” shall be omitted.

(2) For subsection (1) of section 84 of that Act (provisions applicable to disposals of dwelling-houses let on secure tenancies) there shall be substituted the following subsection—

“(1) The provisions of this section apply in any case where—

(a) a housing action trust proposes to make a disposal of one or more houses let on secure tenancies which would result in a person who, before the disposal, is a secure tenant of the trust becoming, after the disposal, the tenant of another person, and

(b) that other person is not a local housing authority or other local authority.”

(3) In subsection (7) of that section—

(a) after the words “a disposal to which this section applies,” there shall be inserted the words “ or a disposal which would be such a disposal if subsection (1)(b) above were omitted, ”; and

(b) after the words “such further consultation” there shall be inserted the words “ or, as the case may be, such consultation ”.

(4) Where—

(a) a house held by a housing action trust is specified in a notice served by the trust under section 84(2) of the Housing Act 1988, and

(b) the building containing the house is specified in an application subsequently made to the trust under section 96 of that Act (application to exercise right conferred by Part IV),

that Part shall apply as if the building containing the house, and any other property reasonably required for occupation with that building, had not been specified in the application.

(5) Where—

(a) a building containing a house held by a housing action trust is specified in an application made to the trust under section 96 of the M2 Housing Act 1988, and

(b) the house is specified in a notice subsequently served by the trust under subsection (2) of section 84 of that Act,

that section shall apply as if the house had not been specified in the notice.

(6) In this section “house” has the same meaning as in Part III of the Housing Act 1988.

Commencement Information

I1 S. 124 wholly in force at 11.10.1993 (subject to the transitional provisions and savings in Sch. 1 to 1993/2134) see s. 188(2) and S.I. 1993/2134, art. 4(b)

Marginal Citations

M1 1988 c. 50.

M2 1988 c. 50.