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The Housing (Right to Buy) (Prescribed Forms) (Amendment) (England) (No. 3) Regulations 2005

S.I. 2005/2876 · Made 12 October 2005

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

Made 12th October 2005

Coming into force 9th November 2005

The First Secretary of State, in exercise of the powers conferred by section 176(1) and (5) of the Housing Act 1985f1, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1985 c. 68. The functions of the Secretary of State under section 176 are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) to which there are amendments not relevant to these Regulations.

Contents

  1. 1Citation, commencement and application
  2. 2Amendment of Regulations
  3. Signature
  4. Schedule PRESCRIBED FORM
  5. Explanatory note

1Citation, commencement and application

(1)

These Regulations may be cited as the Housing (Right to Buy) (Prescribed Forms) (Amendment) (England) (No. 3) Regulations 2005 and shall come into force on 9th November 2005.

(2)

These Regulations apply in relation to dwelling-houses in England only.

2Amendment of Regulations

The Housing (Right to Buy) (Prescribed Forms) Regulations 1986f1 are amended by the substitution, for the form set out in Schedule 1, of the form set out in the Schedule to these Regulations.

Signature

Signed by authority of the First Secretary of State

Yvette Cooper

Minister of State Office of the Deputy Prime Minister

12th October 2005

PRESCRIBED FORM

NOTICE CLAIMING THE RIGHT TO BUY

Explanatory note

(This note is not part of the Regulations)

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.