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The Housing (Right to Buy) (Prescribed Form: Right to a Mortgage) Regulations 1992

S.I. 1992/1710 · Made 15 July 1992

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 15th July 1992

Coming into force 17th August 1992

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 176 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.

Contents

  1. 1Citation and commencement
  2. 2Right to mortgage form
  3. 3Revocation
  4. Signature
  5. Schedule Schedule
  6. Explanatory note

1Citation and commencement

These Regulations may be cited as the Housing (Right to Buy) (Prescribed Form: Right to a Mortgage) Regulations 1992 and shall come into force on 17th August 1992.

2Right to mortgage form

(1)

Subject to paragraph (2), the form set out in the Schedule to these Regulations, or a form substantially to the same effect, shall be the form of notice used for the purposes of section 134(1) of the Housing Act 1985f1 (tenant’s notice claiming to exercise right to a mortgage).

(2)

The form shall show the name and address of the person on whom the tenant is required, under that section, to serve the notice.

3Revocation

(1)

The Housing (Right to Buy) (Prescribed Forms) (No. 2) Regulations 1980f1 are hereby revoked.

(2)

Nothing in these Regulations shall affect the validity of any notice served under section 134(1) of the Housing Act 1985 before 17th December 1992 if the notice was in the form prescribed by the Regulations mentioned in paragraph (1).

Signature

Michael Howard

Secretary of State for the Environment

15th July 1992

David Hunt

Secretary of State for Wales

15th July 1992

Form RTB4

Notice Claiming The Right To A Mortgage

Explanatory note

(This note is not part of the Regulations)

The right to buy is provided for in Part V of the Housing Act 1985 and secure tenants who have the right to buy can also claim a mortgage from their landlord. These Regulations prescribe the form of notice to be used by secure tenants when claiming the right to a mortgage (regulation 2). This form replaces that prescribed by the Housing (Right to Buy) (Prescribed Forms) Regulations 1980 which are revoked (regulation 3).

A notice claiming the right to a mortgage served before 17th December 1992 is not invalidated by these Regulations if it is in the form required by the 1980 Regulations (regulation 3).