The Housing (Extension of Right to Buy) Order 1987

Citation and commencement

1.  This Order may be cited as the Housing (Extension of Right to Buy) Order 1987 and shall come into force on 23rd October 1987.

Interpretation

2.  In this Order, unless the contrary intention appears, a reference to a numbered section, Part or Schedule, without more, is a reference to the section, Part or Schedule bearing that number in the Housing Act 1985.

Extension of the right to buy

3.—(1) Where there are in a dwelling-house let on a secure tenancy one or more interests all of which are interests to which this article applies, and the dwelling-house is a house, Part V (the right to buy) has effect with the modifications specified in the Schedule to this Order being modifications to enable a secure tenant to acquire the freehold of the dwelling-house.

(2) This article applies to an interest held by —

• a local authority,

• a new town corporation,

• an urban development corporation,

• the Development Board for Rural Wales,

• the Housing Corporation, or

• a registered housing association, other than one excepted from the right to buy by Schedule 5, paragraph 1 (charities), 2 (co-operatives) or 3 (associations which have not received grant),

which is immediately superior to the interest of the landlord or to another interest to which this article applies.

Consequential, supplementary and transitional provisions

4.—(1) In a case where a secure tenant, at a time when this Order did not apply, has served, in relation to the dwelling-house, a notice under section 122(1) (tenant’s notice claiming to exercise right to buy), this Order does not apply while that notice remains in force.

(2) Where, in pursuance of Part V as modified by this Order, a secure tenant has served a notice under section 122(1) (notice claiming to exercise right to buy) then in the event of the interest of the landlord, an intermediate landlord or the freeholder in the dwelling-house passing to a person not being an authority or body to which article 3(2) applies, the freeholder shall as soon as practicable serve on the tenant a notice in writing telling him that he is no longer entitled to acquire the freehold of the dwelling-house.

Nicholas Ridley

One of Her Majesty’s Principal Secretaries of State

30th September 1987