Part 11Change of landlord: secure tenants

131Sale conditions

1

An offer to sell—

a

must include such conditions as are needed to entitle the applicant to receive a good and marketable title to the house, and

b

may be subject to such other conditions as are reasonable.

2

But such other conditions—

a

must not reduce the tenant’s enjoyment and use of the house as tenant of the applicant from that which the tenant had as tenant of the local authority landlord,

b

must not require the applicant or the tenant to pay any of the local authority landlord’s expenses, and

c

must not impose a new charge, or increase an existing charge, for the provision of a service in relation to the house unless that charge is in reasonable proportion to the cost to the local authority landlord of providing the service.

3

An applicant who—

a

considers that a condition contained in the offer to sell is unreasonable, or

b

wishes to have a new condition included in the offer to sell,

may request the local authority landlord to amend the offer to sell accordingly.

4

Such a request—

a

is to be given by serving notice on the local authority landlord, and

b

must be made within 1 month of the offer to sell being made.

5

The local authority landlord must, within 1 month of such a request being made—

a

agree to the request and make an accordingly amended offer to sell to the applicant, or

b

refuse the request by notifying the applicant accordingly.

6

If a local authority landlord—

a

refuses a request, or

b

fails to comply with subsection (5),

the applicant may refer the matter to the Lands Tribunal.

7

Such a reference must be made within 1 month of the refusal or, as the case may be, of the expiry of the period referred to in subsection (5).

8

The Lands Tribunal may determine such a reference by—

a

upholding a condition,

b

striking out or modifying a condition, or

c

inserting a new condition.

9

Where a Lands Tribunal determination results in a modification of the offer to sell, it must order the local authority landlord to make to the applicant an amended offer to sell (amended in accordance with the determination) within 2 months of the determination.