Article 19 Repurchase of defective dwellings disposed of by housing associations

(1)

Where the Executive—

(a)

gives a notice under Article 7(2) to any person stating that he is entitled to assistance by way of repurchase in respect of a defective dwelling; and

(b)

is of the opinion that there has at any time been a disposal of a relevant interest in the dwelling by a housing association or by a housing association which was a predecessor of that association;

it shall forthwith give to the housing association a notice in writing (together with a copy of the notice referred to in sub-paragraph (a)) stating that the association may acquire in accordance with this Part the interest of the person entitled to assistance.

(2)

A housing association notified under paragraph (1) may, within the period of four weeks beginning with the service of the notice, give notice in writing to the Executive—

(a)

stating that the association wishes to acquire the interest, and

(b)

specifying the address of the principal office of the association and any other address that may also be used as an address for service.

(3)

Where the Executive receives a notice under paragraph (2), it shall forthwith give to the person entitled to assistance notice in writing (in the following provisions of this Article referred to as a “transfer notice”) of—

(a)

the contents of the notice under paragraph (2), and

(b)

the effects of paragraphs (4) and (5).

(4)

The housing association concerned shall, at any time after the transfer notice is given, be treated as being responsible (in place of the Executive) for the purposes of anything done or falling to be done under this Part by or in relation to the Executive.

(5)

Where a transfer notice has been given in respect of an interest—

(a)

a request under Article 9(1) in respect of the interest may be made either to the Executive or to the housing association concerned, and

(b)

such a request made to the Executive (whether before or after the transfer notice is given) shall be forwarded by it to the housing association concerned.

Notes on the whole Order

Textual amendments

F1: functions transf. SR 1999/481