SCHEDULES

SCHEDULE 4 Qualifying Period for Right to Buy and Discount

The landlord condition

7

C1C21

The landlord condition is, subject to F1F2paragraphs 7A and 7B and and to any order under paragraph 8, that the interest of the landlord belonged to, or to a predecessor of—

  • a local authority,

  • a F3development corporation,

  • F4 a housing action trust

  • the Development Board for Rural Wales,

  • an urban development corporation,

  • F19a Mayoral development corporation,

  • F5the Commission for the New Towns,

  • the F6F17Regulator of Social Housing or Housing for Wales,

  • a F18a non-profit registered provider of social housing which is not a co-operative housing association,F7registered social landlord which is not a co-operative housing association,

F8the Secretary of State where that interest belonged to him as the result of the exercise by him of functions under Part III of the Housing Associations Act 1985.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 ,

or to, or to a predecessor of, an authority or other body falling within sub-paragraph (2) or (3) (corresponding authorities and bodies in Scotland and Northern Ireland),

C3 2

The corresponding authorities and bodies in Scotland are—

  • a F10 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ,

  • a joint board or joint committee of such a council,

  • the common good of such a council or a trust under its control,

  • a development corporation established by an order made or having effect as if made under the M1 New Towns (Scotland) Act 1968,

  • F11the Scottish Special Housing Association

  • F11Scottish Homes,

  • a housing association which falls within F12section 61(2)(a)(vi) of the Housing (Scotland) Act 1987 but is not a registered society within the meaning of section F1245 of that Act, and

  • F13 . . .

3

The corresponding authorities and bodies in Northern Ireland are—

  • a district council within the meaning of the M2 Local Government Act (Northern Ireland) 1972,

  • the Northern Ireland Housing Executive, and

  • a registered housing association within the meaning of Chapter II of Part II of the M3 Housing (Northern Ireland) Order 1983.

F147A

1

The landlord condition shall be treated as having been satisfied in the case of a dwelling-house comprised in a housing co-operative agreement made—

a

in England and Wales, by a local housing authority, new town corporation or the Development Board for Rural Wales, or

b

in Scotland, by F15a local housing authority,

if the interest of the landlord belonged to the housing co-operative.

2

In sub-paragraph (1) “housing co-operative agreement” and “housing co-operative”—

a

as regards England and Wales have the same meaning as in section 27B (agreements with housing co-operatives under superseded provisions), and

b

as regards Scotland mean an agreement made under section 5 of the Housing Rents and Subsidies (Scotland) Act 1975 and a housing co-operative within the meaning of that section.

F167B

The landlord condition shall be treated as having been satisfied in the case of a dwelling-house let under a tenancy falling within section 80(2A) to (2E) at any time if, at that time, the interest of the landlord belonged to—

a

the Homes and Communities Agency,

F20aa

the Greater London Authority, or

b

the Welsh Ministers.

8

1

The landlord condition shall also be treated as having been satisfied, in such circumstances as may be prescribed for the purposes of this paragraph by order of the Secretary of State, if the interest of the landlord belonged to a person who is so prescribed.

2

An order under this paragraph—

a

may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

b

shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.