OpenLegislation

Paragraph 3 New ground for sale of dwelling-houseI1I2

England and Wales

After Ground 1 insert—

  • “Ground 1A

    The following conditions are met—

    1. (a)

      the landlord who is seeking possession intends to sell a freehold or leasehold interest in the dwelling-house or to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord;

    2. (b)

      the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976;

    3. (c)

      either—

      1. (i)

        the current tenancy began at least 1 year before the relevant date, or

      2. (ii)

        at the relevant date, notice of a compulsory acquisition in relation to the dwelling-house has been given, the landlord intends to sell their interest in the dwelling-house to the acquiring authority and the acquiring authority intends to acquire it;

    4. (d)

      the landlord seeking possession is not—

      1. (i)

        a non-profit registered provider of social housing,

      2. (ii)

        a body registered as a social landlord in the register maintained under section 1 of the Housing Act 1996,

      3. (iii)

        a body registered as a social landlord in the register kept under section 20(1) of the Housing (Scotland) Act 2010,

      4. (iv)

        a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, or

      5. (v)

        where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing.

    In paragraph (c)(ii), “sell” includes transfer.

    When calculating whether the current tenancy began at least 1 year before the relevant date, both—

    1. (a)

      the day when the current tenancy began, and

    2. (b)

      the relevant date,

    must be included in the calculation.”

Annotations

Commencement

I1

Sch. 1 para. 3 not in force at Royal Assent, see s. 145(1)(7)

I2

Sch. 1 para. 3 in force at 1.5.2026 for specified purposes by S.I. 2026/421, reg. 2(b) (with reg. 5)