# The Housing (Preservation of Right to Buy) (Amendment) Regulations 1990, Regulation 4


The Housing (Preservation of Right to Buy) Regulations 1989 are amended as follows—
(a) in Part I of Schedule 1 (modifications to Part V of the Act as applied to the preserved right to buy), omit paragraphs 6 and 48(b);
(b) in Schedule 2 (Part V of the Act as it applies in cases where the right to buy is preserved)—
(i) in section 124 of the Act as there set out, after subsection (2) insert the subsection set out in regulation 3 above;
(ii) in Schedule 5 to the Act as there set out (exceptions to the right to buy), for paragraph 11 substitute the following paragraph—
“11 (1) The right to buy does not arise if the Secretary of State has determined, on the application of the landlord, that it is not to be capable of being exercised with respect to the dwelling-house.
(2) The Secretary of State shall so determine if, and only if, he is satisified that the dwelling-house—
(a) is particularly suitable, having regard to its location, size, design, heating system and other features, for occupation by persons of pensionable age, and
(b) was let to the tenant or a predecessor in title of his for occupation by a person of pensionable age (whether the tenant or predecessor or another person).
(3) The Secretary of State shall for the purposes of this paragraph disregard the presence of any feature provided by the tenant or a predecessor in title of his.
(4) An application for a determination under this paragraph shall be made within the period for service of the landlord’s notice under section 124 (notice admitting or denying right to buy).
(5) This paragraph does not apply unless the dwelling-house concerned was first let before 1st January 1990.”.

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Source: https://www.legislation.gov.uk/uksi/1990/178/regulation/4 (the official version)
Page: https://openlegislation.uk/housing-preservation-of-right-to-buy-amendment-regulations-1990/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.