# The Housing (Preservation of Right to Buy) (Amendment) Regulations 1990, Note: Explanatory note


(This note is not part of the Regulations)
Section 164 of the Local Government and Housing Act 1989 (c. 42) provides for a new paragraph to be substituted for paragraph 11 of Schedule 5 to the Housing Act 1985. The new paragraph provides an exception to the right to buy in respect of dwellings for persons of pensionable age. The exception only applies where the Secretary of State has determined that the right to buy is not to be capable of being exercised.
These Regulations amend section 124 of the 1985 Act (landlord’s notice admitting or denying the right to buy) as it applies where the right to buy is preserved by section 171A of that Act, so as to require the landlord to give notice of an application for a determination under the new paragraph 11 and to provide for an admission of the right to buy to be without prejudice to any such determination. There are consequential amendments to the Housing (Preservation of Right to Buy) Regulations 1989. There is also an amendment to those Regulations consequential on the substitution by the 1989 Act of the new paragraph 11 in Schedule 5 to the 1985 Act.
The changes made by the Regulations do not apply where the tenant’s notice claiming to exercise the right to buy was served before 1st March 1990.

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Source: https://www.legislation.gov.uk/uksi/1990/178/note (the official version)
Page: https://openlegislation.uk/housing-preservation-of-right-to-buy-amendment-regulations-1990/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.