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Regulation 10 Protected areas: payment for outstanding shares in the house - circumstances prescribed under paragraph 4A(2)(e) of Schedule 4A to the Act

Original text. Later amendments are not shown.

(1)

The circumstances prescribed under paragraph 4A(2)(e) of Schedule 4A to the Act for the purposes of paragraph 4A(1)(a) of that Schedule are that the lease must provide—

(a)

that there shall have been a disposal, other than an exempt disposal, of any interest in the house by the tenant; and

(b)

that the amount payable by the tenant to the landlord is to be an amount no greater than the same percentage of the market value price at the date of the disposal as is represented by the percentage of the shares in the house remaining un-acquired by the tenant.

(2)

In paragraph (1) “exempt disposal” means—

(a)

a disposal under a will or intestacy;

(b)

a disposal under section 24 of the Matrimonial Causes Act 1973f1 or section 2 of the Inheritance (Provision for Family and Dependants) Act 1975f2;

(c)

a grant of a sub-tenancy in respect of which a notice has been given under section 52(1)(b) of the Housing Act 1980f3 (notice that a tenancy is to be a protected shorthold tenancy) or of a kind mentioned in any of Cases 11 to 18 or 20 in Schedule 15 to the Rent Act 1977f4;

(d)

a grant of a sub-tenancy of part of the house, if any other part of the house remains in the possession of the tenant; or

(e)

a grant of a mortgage.

Annotations

Footnotes

f1

1973. c. 18.

f2

1975. c. 63.

f3

1980. c. 51.

f4

1977. c. 42. Case 11 was amended by the Housing Act 1980 (c. 51) and the Rent (Amendment) Act 1985 (c. 24). Case 12 was amended by and Case 20 inserted by the Housing Act 1980.