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The Housing (Preservation of Right to Buy) Regulations 1989

S.I. 1989/368 · Made 6 March 1989

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HOUSING, ENGLAND AND WALES

LOCAL GOVERNMENT, ENGLAND AND WALES

LONDON GOVERNMENT

Made 6th March 1989

Laid before Parliament 15th March 1989

Coming into force 5th April 1989

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 171C of the Housing Act 1985f1, section 101 of the Local Government Act 1985f2, and of all other powers enabling them in that behalf, hereby make the following Regulations:–

Annotations to the whole text

Footnotes

f1

1985 c. 68; sections 171C and 171A were inserted by section 8 of the Housing and Planning Act 1986 (c. 63).

f2

1985 c. 51.

Contents

  1. 1Regulation 1
  2. 2Regulation 2
  3. 3Regulation 3
  4. 4Regulation 4
  5. Signature
  6. Schedule 1: MODIFICATIONS TO PART V AS APPLIED TO THE PRESERVED RIGHT TO BUY
  7. Part I: EXCEPTIONS AND ADAPTATIONS
  8. 1Paragraph 1
  9. 2Paragraph 2
  10. 3Paragraph 3
  11. 4Paragraph 4
  12. 5Paragraph 5
  13. 6Paragraph 6
  14. 7Paragraph 7
  15. 8Paragraph 8
  16. 9Paragraph 9
  17. 10Paragraph 10
  18. 11Paragraph 11
  19. 12Paragraph 12
  20. 13Paragraph 13
  21. 14Paragraph 14
  22. 15Paragraph 15
  23. 16Paragraph 16
  24. 17Paragraph 17
  25. 18Paragraph 18
  26. 19Paragraph 19
  27. 20Paragraph 20
  28. 21Paragraph 21
  29. 22Paragraph 22
  30. 23Paragraph 23
  31. 24Paragraph 24
  32. 25Paragraph 25
  33. 26Paragraph 26
  34. 27Paragraph 27
  35. 28Paragraph 28
  36. 29Paragraph 29
  37. 30Paragraph 30
  38. 31Paragraph 31
  39. 32Paragraph 32
  40. 33Paragraph 33
  41. 34Paragraph 34
  42. 35Paragraph 35
  43. 36Paragraph 36
  44. 37Paragraph 37
  45. 38Paragraph 38
  46. 39Paragraph 39
  47. 40Paragraph 40
  48. 41Paragraph 41
  49. 42Paragraph 42
  50. 43Paragraph 43
  51. 44Paragraph 44
  52. 45Paragraph 45
  53. 46Paragraph 46
  54. 47Paragraph 47
  55. 48Paragraph 48
  56. 49Paragraph 49
  57. 50Paragraph 50
  58. Part II: SCHEDULES TO BE INSERTED AFTER SCHEDULES 5 AND 6
  59. 1Paragraph 1
  60. 2Paragraph 2
  61. Schedule 2: PART V AS IT APPLIES IN CASES WHERE THE RIGHT TO BUY IS PRESERVED
  62. Part: THE RIGHT TO BUY
  63. The right to buy
  64. 118The right to buy.
  65. 119Qualifying period for right to buy.
  66. 120Exceptions to the right to buy.
  67. 121Circumstances in which the right to buy cannot be exercised.
  68. Claim to exercise right to buy
  69. 122Qualifying person’s notice claiming to exercise right to buy.
  70. 123Claim to share right to buy with members of family.
  71. 124Landlord’s notice admitting or denying right to buy.
  72. 125Landlord’s notice of purchase price and other matters.
  73. 125AEstimates and information about service charges.
  74. 125BEstimates and information about improvement contributions.
  75. 125CReference period for purposes of ss. 125A and 125B.
  76. Purchase Price
  77. 126Purchase Price.
  78. 127Value of dwelling-house.
  79. 128Determination of value by district valuer.
  80. 129Discount.
  81. 130Reduction of discount where previous discount given.
  82. 131Limits on amount of discount
  83. Change of qualifying person or landlord after service of notice claiming right to buy
  84. 136Change of qualifying person after notice claiming right to buy.
  85. 137Change of landlord after notice claiming right to buy.
  86. Completion of purchase in pursuance of right to buy
  87. 138Duty of landlord to convey freehold or grant lease.
  88. 139Terms and effect of conveyance or grant.
  89. 140Landlord’s first notice to complete.
  90. 141Landlord’s second notice to complete.
  91. 142When qualifying person is entitled to defer completion.
  92. 153AQualifying person’s notices of delay.
  93. 153BPayments of rent attributable to purchase price etc.
  94. Registration of title
  95. 154Registration of title.
  96. Provisions affecting future disposals
  97. 155Repayment of discount on early disposal.
  98. 156Liability to repay is a charge on the premises.
  99. 157Restriction on disposal of dwelling-houses in National Parks, etc.
  100. 158Consideration for re-conveyance or surrender under s. 157.
  101. 159Relevant disposals.
  102. 160Exempted disposals.
  103. 161Meaning of “compulsory disposal”.
  104. 162Exempted disposals which end liability under covenants.
  105. 163Treatment of options.
  106. Preservation of right to buy on disposal to private sector landlord
  107. 171ACases in which right to buy is preserved.
  108. 171BExtent of preserved right: qualifying persons and dwelling-house.
  109. 171CModifications of this Part in relation to preserved right.
  110. 171DSubsequent dealings: disposal of landlord’s interest in qualifying dwelling-house.
  111. 171ESubsequent dealings: termination of landlord’s interest in qualifying dwelling-house.
  112. 171FSubsequent dealings: transfer of qualifying person to alternative accommodation.
  113. 171GLand registration and related matters.
  114. 171HDisposal after notice claiming to exercise right to buy, etc.
  115. Modifications of Leasehold Reform Act 1967 in relation to leases granted under this Part
  116. 172Exclusion of leases where landlord is housing association and freeholder is a charity.
  117. 174Leases granted under this Part to be treated long leases at a low rent.
  118. 175Determination of price payable.
  119. Supplementary Provisions
  120. 176Notices.
  121. 178Costs.
  122. 179Provisions restricting right to buy, etc of no effect.
  123. 180Statutory declarations.
  124. 181Jurisdiction of county court.
  125. 183Meaning of “house”, “flat” and “dwelling-house”.
  126. 184Land let with or used for purposes of dwelling-house.
  127. 185Meaning of “secure tenancy” and “secure tenant”.
  128. 186Member of a person’s family.
  129. 187Minor definitions.
  130. 188Index of defined expressions: Part V.
  131. Schedule 4: QUALIFYING PERIOD FOR RIGHT TO BUY AND DISCOUNT
  132. Introductory
  133. 1Paragraph 1
  134. Periods occupying accommodation subject to public sector tenancy
  135. 2Paragraph 2
  136. 3Paragraph 3
  137. 4Paragraph 4
  138. Periods occupying forces accommodation
  139. 5Paragraph 5
  140. Periods during which right to buy is preserved
  141. 5AParagraph 5A
  142. Meaning of “public sector tenant”
  143. 6Paragraph 6
  144. The landlord condition
  145. 7Paragraph 7
  146. 7AParagraph 7A
  147. The tenant condition
  148. 9Paragraph 9
  149. Application to certain housing association tenancies
  150. 10Paragraph 10
  151. Schedule 5: EXCEPTIONS TO THE RIGHT TO BUY
  152. Certain housing associations
  153. 2Paragraph 2
  154. Landlord with insufficient interest in the property
  155. 4Paragraph 4
  156. Dwelling-houses let in connection with employment
  157. 5Paragraph 5
  158. Certain dwelling-houses for the disabled
  159. 7Paragraph 7
  160. 9Paragraph 9
  161. Certain dwelling-houses for persons of pensionable age
  162. 10Paragraph 10
  163. 11Paragraph 11
  164. Dwelling-houses held on Crown tenancies
  165. 12Paragraph 12
  166. Schedule 5A: LIMITS ON AMOUNT OF DISCOUNT RELEVANT COSTS
  167. Introductory
  168. 1Paragraph 1
  169. Relevant costs and relevant works
  170. 2Paragraph 2
  171. 3Paragraph 3
  172. 4Paragraph 4
  173. Ascertainment of cost floor
  174. 5Paragraph 5
  175. Estimates
  176. 6Paragraph 6
  177. Companies
  178. 7Paragraph 7
  179. Schedule 6: CONVEYANCE OF FREEHOLD AND GRANT OF LEASE IN PURSUANCE OF RIGHT TO BUY
  180. Part I: COMMON PROVISIONS
  181. Rights to be conveyed or granted—general
  182. 1Paragraph 1
  183. Rights of support, passage of water, etc.
  184. 2Paragraph 2
  185. Rights of way
  186. 3Paragraph 3
  187. Covenants and conditions
  188. 4Paragraph 4
  189. 5Paragraph 5
  190. No charge to be made for landlord’s consent or approval
  191. 6Paragraph 6
  192. Meaning of “incumbrances” and “tenant’s incumbrance”
  193. 7Paragraph 7
  194. Part II: CONVEYANCE OF FREEHOLD
  195. General
  196. 8Paragraph 8
  197. 9Paragraph 9
  198. Covenants
  199. 10Paragraph 10
  200. Part III: LEASES
  201. General
  202. 11Paragraph 11
  203. The appropriate term
  204. 12Paragraph 12
  205. Common use of premises and facilities
  206. 13Paragraph 13
  207. Covenants by the landlord
  208. 14Paragraph 14
  209. 15Paragraph 15
  210. Covenant by tenant
  211. 16Paragraph 16
  212. Service charges and other contributions payable by the tenant
  213. 16AParagraph 16A
  214. 16BParagraph 16B
  215. 16CParagraph 16C
  216. Inflation allowances
  217. 16EParagraph 16E
  218. 16FParagraph 16F
  219. Information for tenants
  220. 16GParagraph 16G
  221. 16HParagraph 16H
  222. Avoidance of certain provisions
  223. 17Paragraph 17
  224. 18Paragraph 18
  225. 19Paragraph 19
  226. Part IV: CHARGES
  227. Grant of lease
  228. 20Paragraph 20
  229. Conveyance of freehold
  230. 21Paragraph 21
  231. Schedule 7A: RECKONABLE AMOUNT OF QUALIFYING PERSON FOR PURPOSES OF RIGHT TO DEFER COMPLETION
  232. Introductory
  233. 1Paragraph 1
  234. 2Paragraph 2
  235. Reckonable amount
  236. 3Paragraph 3
  237. Income from employment
  238. 4Paragraph 4
  239. Income from a business
  240. 5Paragraph 5
  241. Other income
  242. 6Paragraph 6
  243. Income from more than one source
  244. 7Paragraph 7
  245. Estimates
  246. 8Paragraph 8
  247. Joint tenants
  248. 9Paragraph 9
  249. Multipliers
  250. 10Paragraph 10
  251. Schedule 9A: LAND REGISTRATION AND RELATED MATTERS WHERE RIGHT TO BUY PRESERVED
  252. Statement to be contained in instrument effecting qualifying disposal
  253. 1Paragraph 1
  254. Registration of title on qualifying disposal
  255. 2Paragraph 2
  256. 3Paragraph 3
  257. Entries on register protecting preserved right to buy
  258. 4Paragraph 4
  259. Change of qualifying dwelling-house
  260. 5Paragraph 5
  261. Effect of non-registration
  262. 6Paragraph 6
  263. Statement required on certain disposals on which right to buy ceases to be preserved
  264. 7Paragraph 7
  265. Removal of entries on land register
  266. 8Paragraph 8
  267. Liability to compensate or indemnify
  268. 9Paragraph 9
  269. Meaning of “disposal” and “instrument effecting disposal”
  270. 10Paragraph 10
  271. Explanatory note