Explanatory note
(This note is not part of the Order)
This Order extends the right to buy (Part V of the Housing Act 1985) by enabling a secure tenant to buy the freehold of his dwelling-house in cases where —
the dwelling-house is a house (i.e. not a flat),
the secure tenant’s landlord has a lease of the dwelling-house, and
the freeholder and each intermediate landlord (should there be any) is an authority or body which would be subject to the right to buy were it the secure tenant’s immediate landlord.
The Schedule contains modifications to Part V of the Housing Act 1985 to meet these circumstances. Apart from certain changes in the procedure, the principal modifications are that the freeholder (and not the landlord) or, where the freeholder is a housing association, the Housing Corporation is required to grant the secure tenant a mortgage and the secure tenant does not have the right to a shared ownership lease.