{
  "url": "https://openlegislation.uk/housing-right-to-acquire-regulations-1997/schedule-2/paragraph-138",
  "json_url": "https://openlegislation.uk/housing-right-to-acquire-regulations-1997/schedule-2/paragraph-138.json",
  "legislation": "uksi/1997/619",
  "legislation_title": "The Housing (Right to Acquire) Regulations 1997",
  "legislation_url": "https://openlegislation.uk/housing-right-to-acquire-regulations-1997",
  "path": "schedule/2/paragraph/138",
  "kind": "paragraph",
  "number": "138",
  "heading": "Duty of landlord to convey freehold or grant lease",
  "text": "(1) Where a tenant has claimed to exercise the right to acquire and that right has been established, then, as soon as all matters relating to the grant have been agreed or determined, the landlord shall make to the tenant—\n(a) if the dwelling-house is a house and the landlord owns the freehold, a grant of the dwelling-house for an estate in fee simple absolute, or\n(b) if the landlord does not own the freehold or if the dwelling-house is a flat (whether or not the landlord owns the freehold), a grant of a lease of the dwelling-house,\nin accordance with the following provisions of this Part.\n(2) If the tenant has failed to pay the rent or any other payment due from him as a tenant for a period of four weeks after it has been lawfully demanded from him, the landlord is not bound to comply with subsection (1) while the whole or part of that payment remains outstanding.\n(3) The duty imposed on the landlord by subsection (1) is enforceable by injunction.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "words omitted",
      "affecting": "uksi/2006/680",
      "affecting_title": "The Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2006"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2016/481",
      "affecting_title": "The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016"
    },
    {
      "type": "words inserted",
      "affecting": "wsi/2012/2090",
      "affecting_title": "The Housing (Wales) Measure 2011 (Consequential Amendments to Subordinate Legislation) Order 2012"
    },
    {
      "type": "inserted",
      "affecting": "wsi/2012/2090",
      "affecting_title": "The Housing (Wales) Measure 2011 (Consequential Amendments to Subordinate Legislation) Order 2012"
    },
    {
      "type": "words inserted",
      "affecting": "wsi/2012/2090",
      "affecting_title": "The Housing (Wales) Measure 2011 (Consequential Amendments to Subordinate Legislation) Order 2012"
    },
    {
      "type": "inserted",
      "affecting": "wsi/2012/2090",
      "affecting_title": "The Housing (Wales) Measure 2011 (Consequential Amendments to Subordinate Legislation) Order 2012"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/619/schedule/2/paragraph/138",
    "retrieved_at": "2026-10-29T12:23:14.738527+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}