Housing Grants, Construction and Regeneration Act 1996

54 Meaning of exempt disposal.U.K.

(1)A disposal is an exempt disposal for the purposes of the provisions of this Chapter relating to grant conditions if it is a disposal of the whole or part of the premises to which the application relates of any of the following descriptions—

(a)a conveyance of the freehold or an assignment of the lease where the person, or each of the persons, to whom it is made is a qualifying person (as defined in subsection (2));

(b)a vesting in a person taking under a will or on an intestacy;

(c)a disposal in pursuance of any such order as is mentioned in subsection (3);

(d)a compulsory disposal (see subsection (4));

(e)a disposal of property consisting of land included in the dwelling by virtue of section 184 of the M1Housing Act 1985 (land let with or used for the purposes of the dwelling-house);

(f)a disposal under which the interest of a person entitled to assistance by way of repurchase under Part XVI of that Act (assistance for owners of defective housing) is acquired in accordance with Schedule 20 to that Act;

(g)a disposal by way of enfranchisement or lease extension under Part I of the M2Leasehold Reform Act 1967;

(h)a disposal in pursuance of an obligation arising under Chapter I or II of Part I of the M3Leasehold Reform, Housing and Urban Development Act 1993;

(i)a disposal on the exercise of a right of first refusal under Part I of the M4Landlord and Tenant Act 1987 or in accordance with an acquisition order under Part III of that Act;

(j)a disposal on the exercise of—

(i)the right to buy under Part V of the M5Housing Act 1985, or

(ii)the right conferred by section 16 of the M6Housing Act 1996 (right of tenant of registered social landlord to acquire dwelling);

(k)a conveyance of the freehold or an assignment of the lease where—

(i)the person making the disposal is aged at least 70,

(ii)the disposal is to provide an annuity income, and

(iii)the person concerned is entitled to continue to occupy the premises as his only or main residence;

(l)a disposal of any other description specified by order of the Secretary of State for the purposes of this section.

(2)A person is a qualifying person for the purposes of subsection (1)(a) if—

(a)in the case of an individual, he is—

(i)the person, or one of the persons, by whom the disposal is made;

(ii)the spouse, or former spouse, of that person or one of those persons; or

(iii)a member of the family of that person or one of those persons; or

(b)in the case of a company, it is an associated company of the company by whom the disposal is made.

Section 416 of the M7Income and Corporation Taxes Act 1988 (meaning of associated company) applies in determining whether a company is an associated company of another for the purposes of paragraph (b).

(3)The orders referred to in subsection (1)(c) are orders under—

(a)section 24 or 24A of the M8Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings);

(b)section 2 of the M9Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate);

(c)section 17 of the M10Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, etc.); or

(d)paragraph 1 of Schedule 1 to the M11Children Act 1989 (orders for financial relief against parents).

(4)For the purposes of subsection (1)(d) a compulsory disposal is a disposal of property which is acquired compulsorily, or is acquired by a person who has made or would have made, or for whom another person has made or would have made, a compulsory purchase order authorising its compulsory purchase for the purposes for which it is acquired.

(5)The grant of an option enabling a person to call for an exempt disposal shall be treated as such a disposal made to him.