OpenLegislation

Regulation 78 Other disposals of dwellingsI1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In this regulation—

  • “capital value”, in relation to a lease, has the same meaning as in Part VIII of these Regulations;

  • “dwelling” has the extended meaning which it has in regulation 22(1);

  • “relevant consent” means a consent to a disposal of land given by the Secretary of State to local authorities generally under section 32 or 43 of the Housing Act 1985, section 22 of the Housing and Building Control Act 1984 or section 104 of the Housing Act 1957 f1;

  • “relevant lease” means—

    1. (a)

      a secure tenancy within the meaning which that expression has in Part IV of the Housing Act 1985 (secure tenancies and rights of secure tenants);

    2. (b)

      an introductory tenancy within the meaning which that expression has in Chapter 1 of Part V of the Housing Act 1996f2; or

    3. (c)

      any other lease, other than a shared ownership lease; and

  • “shared ownership lease” has the same meaning as in regulation 22(1).

(2)

Subject to paragraph (3), the reserved part shall be nil per cent. in the case of a capital receipt which is received in respect of a disposal of an interest in a dwelling where—

(a)

the authority is a local authority in Wales who make the disposal by—

(i)

conveying the freehold interest in the dwelling;

(ii)

granting a lease for a term of not less than 125 years;

(iii)

granting a shared ownership lease; or

(iv)

assigning their leasehold interest in the dwelling; and

(b)

where the interest disposed of is a lease, other than a shared ownership lease, the authority estimate that not less than 90 per cent. of the capital value of the lease has been, or is to be, received by them within one year after the date of the disposal.

(3)

Paragraph (2) shall not apply to a disposal (“the current disposal”) of an interest in a dwelling which has at any time been occupied under a relevant lease granted by the authority, unless—

(a)

since the last date on which the dwelling was so occupied, the authority have disposed of an interest in it under Part V of the Housing Act 1985 (the right to buy), or Chapter 1 of Part I of the Housing Act 1980 (the right to buy)f3 or, with a relevant consent, to a person who, when he acquired that interest, occupied, or intended to occupy, the dwelling as his only or principal home;

(b)

that disposal was made more than five years before the current disposal;

(c)

at any time within that period the authority acquired a further interest in the dwelling; and

(d)

the dwelling is a house (within the meaning which that expression has in section 44 of the Housing Act 1985).

Annotations

Commencement

I1

Reg. 78 in force at 1.4.1997, see reg. 1(1)(b)

Footnotes

f1

1957 c. 56. That Act was repealed by the Housing (Consequential Provisions) Act 1985.

f2

1996 c. 52.

f3

1980 c. 51. Part I was repealed by the Housing (Consequential Provisions) Act 1985.