Paragraph 5

England and Wales

(1)

The right to buy does not arise if the dwelling-house—

(a)

forms part of, or is within the curtilage of, a building which, or so much of it as is held by the landlord, is held mainly for purposes other than housing purposes and consists mainly of accommodation other than housing accommodation, or is situated in a cemetery, and

C1 C2(b)

was let to a tenant or a predecessor in title of his in consequence of the tenant or predecessor being in the employment of the landlord or of—

a local authority,
a F1development corporation,
F2a housing action trust
F3. . .
F4a Mayoral development corporation,
an urban development corporation, or
the governors of an aided school.

(2)

In sub-paragraph (1)(a) “housing purposes” means the purposes for which dwelling-houses are held by local housing authorities under Part II (provision of housing) or purposes corresponding to those purposes.

Annotations

Textual amendments

F1: Words in Sch. 5 para. 5(1)(b) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 32 (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)
F2: Entry in Sch. 5 para. 5(1)(b) inserted by Housing Act 1988 (c. 50, SIF 61), s. 83(6)(d)
F3: Entry in Sch. 5 para. 5(1)(b) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4
F4: Entry in Sch. 5 para. 5(1)(b) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 20

Modifications

C1: Sch. 5 para. 5(1)(b) excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 9
C2: Sch. 5 para. 5(1)(b) excluded (29.6.2026) by 2011 c. 13, Sch. 10A para. 49 (as inserted by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(5), Sch. 24 (with s. 102))