Housing and Building Control Act 1984

Section 3.

SCHEDULE 2SCHEDULE inserted After Schedule 1 to 1980 Act

SCHEDULE 1AQualification and Discount

PART IDetermination of Relevant Period for the Purposes of Sections 1(3) and 7(1)

1The period to be taken into account for the purposes of section 1(3) of this Act and the period which under section 7(1) of this Act is to be taken into account for the purposes of discount shall be the period qualifying, or the aggregate of the periods qualifying, under the following provisions of this Part of this Schedule.

2(1)A period qualifies under this paragraph if it is a period during which, before the relevant time—

(a)the secure tenant;

(b)the secure tenant’s spouse; or

(c)the secure tenant’s deceased spouse,

was a public sector tenant or the spouse of a public sector tenant.

(2)A period shall not qualify by virtue of sub-paragraph (1)(a), (b) or (c) above as a period during which the person there mentioned was the spouse of a public sector tenant unless during that period that person occupied as his only or principal home the dwelling-house of which his spouse was such a tenant.

(3)A period shall not qualify by virtue of sub-paragraph (1)(b) above unless the secure tenant and his spouse were living together at the relevant time.

(4)A period shall not qualify by virtue of sub-paragraph (1)(c) above unless the secure tenant and his deceased spouse were living together at the time of the death.

(5)For the purposes of this paragraph a person who, as a joint tenant under a public sector tenancy, occupied a dwelling-house as his only or principal home shall be treated as the public sector tenant under that tenancy.

3(1)A period qualifies under this paragraph if it is a period during which, before the relevant time—

(a)the secure tenant;

(b)the secure tenant’s spouse; or

(c)the secure tenant’s deceased spouse,

was an armed forces occupier or the spouse of an armed forces occupier.

(2)A period shall not qualify by virtue of sub-paragraph (1)(a), (b) or (c) above as a period during which the person there mentioned was the spouse of an armed forces occupier unless during that period that person occupied the accommodation of which his spouse was such an occupier.

(3)A period shall not qualify by virtue of sub-paragraph (1)(b) above unless the secure tenant and his spouse were living together at the relevant time.

(4)A period shall not qualify by virtue of sub-paragraph (1)(c) above unless the secure tenant and his deceased spouse were living together at the time of the death.

4(1)This paragraph applies where the public sector tenant of a dwelling-house died or otherwise ceased to be a public sector tenant of the dwelling-house, and thereupon a child of his who occupied the dwelling-house as his only or principal home (in this paragraph referred to as “the new tenant”) became the public sector tenant of the dwelling-house (whether under the same or under another public sector tenancy).

(2)A period during which the new tenant, since reaching the age of sixteen, occupied as his only or principle home a dwelling-house of which a parent of his was the public sector tenant or one of joint tenants under a public sector tenancy, being either—

(a)the period at the end of which he became the public sector tenant; or

(b)a period ending not earlier than two years before another period falling within this sub-paragraph,

shall be regarded for the purposes of paragraph 2 above as a period during which he was a public sector tenant.

(3)for the purposes of this paragraph two persons shall be treated as parent and child if they would be so treated under paragraphs (a) and (b) of section 50(3) of this Act.

PART IIReduction of Discount in Certain Circumstances

5There shall be deducted from the discount an amount equal to any previous discount qualifying, or the aggregate of any previous discounts qualifying, under paragraph 6 below.

6(1)A previous discount qualifies under this paragraph if it was given—

(a)to the person or one of the persons exercising the right to buy;

(b)to the spouse of that person or one of those persons; or

(c)to the deceased spouse of that person or one of those persons.

(2)A previous discount shall not qualify by virtue of sub-paragraph (1)(b) above unless the person concerned and his spouse were living together at the relevant time.

(3)A previous discount shall not qualify by virtue of sub-paragraph (1)(c) above unless the person concerned and his deceased spouse were living together at the time of the death.

7(1)Where the whole or any part of a previous discount has been recovered by the person by whom it was given (whether by the receipt of a payment determined by reference to the discount or by a reduction so determined of any consideration given by that person or in any other way), so much of the discount as has been so recovered shall be disregarded for the purposes of paragraph 6 above,

(2)Any reference in this paragraph to the person by whom a previous discount was given includes a reference to any successor in title of his.

8Where a previous discount was given to two or more persons jointly, paragraphs 6 and 7 above shall be construed as if each of those persons had been given an equal proportion of that discount.

PART IIISupplemental

9(1)For the purposes of this Schedule, a tenancy which is not a long tenancy and under which a dwelling-house is let as a separate dwelling is a public sector tenancy at any time when the conditions described below as the landlord condition and the tenant condition are satisfied.

(2)The landlord condition is that the interest of the landlord belongs to—

(a)a local authority within the meaning of section 50(1) of this Act, a county council, a district council within the meaning of the [1972 c. 9 (N.I.).] Local Government Act (Northern Ireland) 1972 or, in Scotland, a regional, district or islands council, a joint board or joint committee of such a council or the common good of such a council or any trust under its control;

(b)the Housing Corporation;

(c)the Scottish Special Housing Association;

(d)the Northern Ireland Housing Executive;

(e)a development corporation established by an order made or having effect as if made under the [1981 c. 64.] New Towns Act 1981 or the [1968 c. 16.] New Towns (Scotland) Act 1968 or an urban development corporation within the meaning of Part XVI of the [1980 c. 65.] Local Government Planning and Land Act 1980;

(f)the Commission for the New Towns;

(g)the Development Board for Rural Wales;

(h)a housing association which falls within paragraph (a) of subsection (3) of section 15 of the 1977 Act but does not fall within paragraph (d) of that subsection;

(i)a housing association which falls within paragraph (e) of section 10(2) of the [1980 c. 52.] Tenant’s Rights, Etc. (Scotland) Act 1980 but is not a registered society within the meaning of section 11 of that Act;

(j)a registered housing association within the meaning of Chapter II of Part II of the [S.I. 1983/1118 (N.I. 15).] Housing (Northern Ireland) Order 1983;

(k)a housing co-operative within the meaning of Schedule 20 to this Act or section 5 of the [1975 c. 28.] Housing Rents and Subsidies (Scotland) Act 1975; or

(l)any predecessor of any person falling within the foregoing paragraphs;

or that, in such circumstances as may be prescribed for the purposes of this sub-paragraph by order of the Secretary of State, the interest of the landlord belongs to a person who is so prescribed.

(3)The tenant condition is that the tenant is an individual and occupies the dwelling-house as his only or principal home or, where the tenancy is a joint tenancy, each of the joint tenants is an individual and at least one of them occupies the dwelling-house as his only or principal home.

(4)References in this paragraph to a public sector tenancy or a public sector tenant are, in relation to any time before the commencement of Part I of the 1984 Act, references to a tenancy which would have been a public sector tenancy if that Part had then been in force or to a person who would have then been a public sector tenant; and for the purpose of determining whether a person would have been a public sector tenant and his tenancy a public sector tenancy, a housing association shall be deemed to have been registered under Part II of the 1974 Act, or Chapter II of Part VII of the [S.I. 1981/156 (N.I. 3).] Housing (Northern Ireland) Order 1981, if it is or was so registered at any later time.

(5)Where a person who is not the tenant of a dwelling-house has a licence (whether or not granted for a consideration) to occupy the dwelling-house and the circumstances are such that, if the licence were a tenancy, it would be a public sector tenancy, then, subject to sub-paragraph (6) below, this Schedule applies to the licence as it applies to a public sector tenancy and, as so applying, has effect as if expressions appropriate to a licence were substituted for “landlord”, “tenant”, “public sector tenant”, “tenancy” and “public sector tenancy”.

(6)Sub-paragraph (50 above does not apply to a licence which was granted as a temporary expedient to a person who entered a dwelling-house or any other land as a trespasser (whether or not before another licence to occupy that or another dwelling-house had been granted to him).

10(1)In this Schedule—

• “armed forces occupier” means a person who occupies accommodation provided for him as a member of the regular armed forces of the Crown;

• “conveyance” means a conveyance of the freehold or an assignment of a long lease;

• “dwelling-house” includes a house within the meaning of the 1957 Act;

• “grant” means a grant of a long lease;

• “long lease” means a lease creating a long tenancy within the meaning of paragraph 1 of Schedule 3 to this Act or a tenancy falling within paragraph 1 of Schedule 2 to the [S.I. 1983/1113 (N.I. 15).] Housing (Northern Ireland) Order 1983;

• “previous discount” means a discount which was given, before the relevant time, on a conveyance or grant with respect to which the requirements of sub-paragraph (2) below were satisfied;

• “public sector tenant” means a tenant under a public sector tenancy;

• “regular armed forces of the Crown” has the same meaning as in section 1 of the [1975 c. 24.] House of Commons Disqualification Act 1975;

• “relevant time” has the meaning given by section 3(5) of this Act.

(2)The requirements of this sub-paragraph are satisfied with respect to a conveyance or grant of a dwelling-house if the vendor or lessor is—

(a)a person falling within paragraph 9(2) above; or

(b)in such circumstances as may be prescribed for the purposes of this sub-paragraph by order of the Secretary of State, a person who is so prescribed.