Explanatory note

Regulation 2 of these Regulations substitutes the form of notice to be used by a tenant claiming to exercise the right to buy his or her dwelling-house in accordance with section 122 of the Housing Act 1985. The Regulations apply in relation to houses and flats in England only.

The new form RTB1 is set out in the Schedule to these Regulations and replaces the form set out in Schedule 1 to the Housing (Right to Buy) (Prescribed Forms) Regulations 1986 (“the 1986 Regulations”). By virtue of regulation 2 of the 1986 Regulations, a form substantially to the same effect as that set out in the Schedule to these Regulations may be used.

The introductory notes to the form have been amended to remove reference to the right to acquire on rent to mortgage terms, which was abolished by section 190 of the Housing Act 2004 for right to buy claims made on or after 18th July 2005.

The notes to section B of the form (details of tenants) have been amended to assist any occupants of a property who may be unsure whether they are tenants.

The notes to section C (family members sharing the right to buy) have been clarified.

The notes at the beginning of section D have been amended to reflect the changes with respect to qualification and discount introduced by the Housing Act 2004, applying to tenants taking up tenancies on or after 18th January 2005. The text of section D has also been slightly amended for greater clarity.

In part G (signatures) the wording of the warning about giving false information has been amended to include withholding relevant information.

Other minor drafting changes have been made to the form.