# The Housing (Right to Buy Delay Procedure) (Prescribed Forms) Regulations 1989, Note: Explanatory note


(This note is not part of the Regulations)
Section 124 of the Housing Act 1988 adds sections 153A and 153B to Part V of the Housing Act 1985 (the right to buy). These sections make provision for the consequences of delay by a landlord in dealing with a tenant’s application to exercise the right to buy. These Regulations prescribe the form of notices and particulars for inclusion in notices to be served on or by a landlord under these sections.
Section 153A provides for the tenant to serve an initial notice of delay. The form prescribed for this is form RTB5 where the tenant claims the right to a shared ownership lease (see sections 143 to 153 of the Housing Act 1985) or form RTB6 in any other case. The landlord may respond to an initial notice of delay by serving a counter notice. Form RTB7 is the form prescribed for a counter notice served under section 153A(3)(b); no form is prescribed for a notice served under section 153A(3)(a). If no counter notice is served the tenant may serve an operative notice of delay (form RTB8).
Where an operative notice of delay is served, rent paid by the tenant during a period specified in the Act is treated as payment on account by the tenant which reduces the price paid by the tenant when the right to buy purchase or lease is completed. Where the delay exceeds 12 months, a greater sum is to be deducted from the price.

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Source: https://www.legislation.gov.uk/uksi/1989/240/note (the official version)
Page: https://openlegislation.uk/housing-right-to-buy-delay-procedure-prescribed-forms-regulations-1989/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.