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The Housing (Preservation of Right to Buy) Regulations 1993

S.I. 1993/2241 · Made 9 September 1993

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

Made 9th September 1993

Laid before Parliament 20th September 1993

Coming into force 11th October 1993

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 upon them by section 171C of the Housing Act 1985f1 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; section 171C was inserted by section 8 of the Housing and Planning Act 1986 (c. 63), was amended by section 127 of and paragraph 106 of Part II of Schedule 17 to the Housing Act 1988 (c. 50) and paragraph 19 of Schedule 21 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), and partly repealed by Schedule 22 to the 1993 Act.

Contents

  1. 1Citation, commencement and application
  2. 2Modifications to the Right to Buy
  3. 3Transitional Provisions
  4. 4Revocations
  5. Signature
  6. Schedule 1: MODIFICATIONS TO PART V OF THE HOUSING ACT 1985
  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. IISCHEDULE TO BE INSERTED AFTER SCHEDULE 5
  53. Schedule 2: PART V AS IT APPLIES IN CASES WHERE THE RIGHT TO BUY IS PRESERVED
  54. The Right to Buy
  55. 118The right to buy
  56. 119Qualifying period for right to buy
  57. 120Exceptions to the right to buy
  58. 121Circumstances in which the right to buy cannot be exercised
  59. Claim to exercise right to buy
  60. 122Qualifying person’s notice claiming to exercise right to buy
  61. 123Claim to share right to buy with members of family
  62. 124Landlord’s notice admitting or denying right to buy
  63. 125Landlord’s notice of purchase price and other matters
  64. 125AEstimates and information about service charges
  65. 125BEstimates and information about improvement contributions
  66. 125CReference period for purposes of ss. 125A and 125B
  67. 125DQualifying person’s notice of intention
  68. 125ELandlord’s notice in default
  69. Purchase price
  70. 126Purchase price
  71. 127Value of qualifying dwelling-house
  72. 128Determination of value by district valuer
  73. 129Discount
  74. 130Reduction of discount where previous discount given
  75. 131Limits on amount of discount
  76. Change of qualifying person or landlord after service of notice claiming right to buy
  77. 136Change of qualifying person after notice claiming right to buy
  78. 137Change of landlord after notice claiming right to buy
  79. Completion of purchase in pursuance of right to buy
  80. 138Duty of landlord to convey freehold or grant lease
  81. 139Terms and effect of conveyance or grant
  82. 140Landlord’s first notice to complete
  83. 141Landlord’s second notice to complete
  84. Qualifying person’s sanction for landlord’s delay
  85. 153AQualifying person’s notices of delay
  86. 153BPayments of rent attributable to purchase price etc.
  87. Registration of title
  88. 154Registration of title
  89. Provisions affecting future disposals
  90. 155Repayment of discount on early disposal
  91. 156Liability to repay is a charge on the premises
  92. 157Restriction on disposal of qualifying dwelling-houses in National Parks, etc.
  93. 158Consideration for reconveyance or surrender under s. 157.
  94. 159Relevant disposals
  95. 160Exempted disposals
  96. 161Meaning of “compulsory disposal”
  97. 162Exempted disposals which end liability under covenants
  98. 163Treatment of options
  99. Preservation of right to buy on disposal to private sector landlord
  100. 171ACases in which right to buy is preserved
  101. 171BExtent of preserved right: qualifying persons and dwelling-houses
  102. 171DSubsequent dealings: disposal of landlord’s interest in qualifying dwelling-house
  103. 171ESubsequent dealings: termination of landlord’s interest in qualifying dwelling-house
  104. 171FSubsequent dealings: transfer of qualifying person to alternative accommodation
  105. 171GLand registration and related matters
  106. 171HDisposal after notice claiming to exercise right to buy, etc.
  107. Modifications of Leasehold Reform Act 1967 in relation to leases granted under this Part
  108. 172Exclusion of leases where landlord is housing association and freeholder is a charity
  109. 174Leases granted under this Part to be treated as long leases at a low rent
  110. 175Determination of price payable
  111. Supplementary provisions
  112. 176Notices
  113. 178Costs
  114. 179Provisions restricting right to buy, etc. of no effect
  115. 180Statutory declarations
  116. 181Jurisdiction of county court
  117. 183Meaning of “house”, “flat” and “dwelling-house”
  118. 184Land let with or used for purposes of dwelling-house
  119. 185Meaning of “secure tenancy” and “secure tenant”
  120. 186Members of a person’s family
  121. 187Minor definitions
  122. 188Index of defined expressions: Part V
  123. Schedule 4: QUALIFYING PERIOD FOR RIGHT TO BUY AND DISCOUNT
  124. Introductory
  125. 1Paragraph 1
  126. Periods occupying accommodation subject to public sector tenancy
  127. 2Paragraph 2
  128. 3Paragraph 3
  129. 4Paragraph 4
  130. Periods occupying forces accommodation
  131. 5Paragraph 5
  132. Periods during which right to buy is preserved
  133. 5AParagraph 5A
  134. Meaning of “public sector tenant”
  135. 6Paragraph 6
  136. The landlord condition
  137. 7Paragraph 7
  138. 7AParagraph 7A
  139. 8Paragraph 8
  140. The tenant condition
  141. 9Paragraph 9
  142. Application to certain housing association tenancies
  143. 10Paragraph 10
  144. Schedule 5: EXCEPTIONS TO THE RIGHT TO BUY
  145. Certain housing associations
  146. 2Paragraph 2
  147. Landlord with insufficient interest in the property
  148. 4Paragraph 4
  149. Qualifying dwelling-houses let in connection with employment
  150. 5Paragraph 5
  151. Certain qualifying dwelling-houses for the disabled
  152. 7Paragraph 7
  153. 9Paragraph 9
  154. Certain qualifying dwelling-houses for persons of pensionable age
  155. 10Paragraph 10
  156. 11Paragraph 11
  157. Qualifying dwelling-houses held on Crown tenancies
  158. 12Paragraph 12
  159. Schedule 5A: LIMITS ON AMOUNT OF DISCOUNT RELEVANT COSTS
  160. Introductory
  161. 1Paragraph 1
  162. Relevant costs and relevant works
  163. 2Paragraph 2
  164. 3Paragraph 3
  165. 4Paragraph 4
  166. Ascertainment of cost floor
  167. 5Paragraph 5
  168. Estimates
  169. 6Paragraph 6
  170. Companies
  171. 7Paragraph 7
  172. Schedule 6: CONVEYANCE OF FREEHOLD AND GRANT OF LEASE IN PURSUANCE OF RIGHT TO BUY
  173. Part I: COMMON PROVISIONS
  174. Rights to be conveyed or granted—general
  175. 1Paragraph 1
  176. Rights of support, passage of water, etc.
  177. 2Paragraph 2
  178. Rights of way
  179. 3Paragraph 3
  180. Convenants and conditions
  181. 4Paragraph 4
  182. 5Paragraph 5
  183. No charge to be made for landlord’s consent or approval
  184. 6Paragraph 6
  185. Meaning of “incumbrances” and “tenant’s incumbrance”
  186. 7Paragraph 7
  187. Part II: CONVEYANCE OF FREEHOLD
  188. General
  189. 8Paragraph 8
  190. 9Paragraph 9
  191. Covenants
  192. 10Paragraph 10
  193. Part III: LEASES
  194. General
  195. 11Paragraph 11
  196. The appropriate term
  197. 12Paragraph 12
  198. Common use of premises and facilities
  199. 13Paragraph 13
  200. Covenants by the landlord
  201. 14Paragraph 14
  202. 15Paragraph 15
  203. Covenant by tenant
  204. 16Paragraph 16
  205. Service charges and other contributions payable by the tenant
  206. 16AParagraph 16A
  207. 16BParagraph 16B
  208. 16CParagraph 16C
  209. 16DParagraph 16D
  210. Avoidance of certain provisions
  211. 17Paragraph 17
  212. 18Paragraph 18
  213. 19Paragraph 19
  214. Part IV: CHARGES
  215. Grant of lease
  216. 20Paragraph 20
  217. Conveyance of freehold
  218. 21Paragraph 21
  219. Schedule 9A: LAND REGISTRATION AND RELATED MATTERS WHERE RIGHT TO BUY PRESERVED
  220. Statement to be contained in instrument effecting qualifying disposal
  221. 1Paragraph 1
  222. Registration of title on qualifying disposal
  223. 2Paragraph 2
  224. 3Paragraph 3
  225. Entries on register protecting preserved right to buy
  226. 4Paragraph 4
  227. Change of qualifying dwelling-house
  228. 5Paragraph 5
  229. Effect of non-registration
  230. 6Paragraph 6
  231. Statement required on certain disposals on which right to buy ceases to be preserved
  232. 7Paragraph 7
  233. Removal of entries on land register
  234. 8Paragraph 8
  235. Liability to compensate or indemnify
  236. 9Paragraph 9
  237. Meaning of “disposal” and “instrument effecting disposal”
  238. 10Paragraph 10
  239. Schedule 3: TRANSITIONAL MODIFICATIONS TO PART V OF THE HOUSING ACT 1985
  240. 1Paragraph 1
  241. 2Paragraph 2
  242. 3Paragraph 3
  243. 4Paragraph 4
  244. Schedule 6B: RECKONABLE AMOUNT OF QUALIFYING PERSON FOR PURPOSES OF RIGHT TO DEFER COMPLETION
  245. Introductory
  246. 1Paragraph 1
  247. 2Paragraph 2
  248. Reckonable amount
  249. 3Paragraph 3
  250. Income from employment
  251. 4Paragraph 4
  252. Income from business
  253. 5Paragraph 5
  254. Other income
  255. 6Paragraph 6
  256. Income from more than one source
  257. 7Paragraph 7
  258. Estimates
  259. 8Paragraph 8
  260. Joint tenants
  261. 9Paragraph 9
  262. Multipliers
  263. 10Paragraph 10
  264. Explanatory note