Statutory Instruments

1986 No. 2194

HOUSING, ENGLAND AND WALES

The Housing (Right To Buy) (Prescribed Forms) Regulations 1986

Made

12th December 1986

Coming into Operation

7th January 1987

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 176(1) and (5) of the Housing Act 1985, and of all other powers enabling them in that behalf, hereby make the following regulations:—

1. These regulations may be cited as the Housing (Right to Buy) (Prescribed Forms) Regulations 1986 and shall come into operation on 7th January 1987.

2. The form set out in Schedule 1 to these regulations, or a form substantially to the like effect, shall be the form of notice to be used by a secure tenant in claiming to exercise the right to buy under section 122(1) of the Housing Act 1985.

3. The form set out in Schedule 2 to these regulations, or a form substantially to the like effect, shall be the form of notice to be used by the landlord in admitting or denying the tenant's right to buy under section 124(1) of the Housing Act 1985.

4. The particulars to be contained in any notice, the form of which is prescribed by regulation 2 or 3 above, shall be those required by that form.

5.—(1) The Housing (Right to Buy) (Prescribed Forms) Regulations 1984 are hereby revoked.

(2) Nothing in these regulations shall affect the validity of any notice served by a secure tenant under section 122(1) of the Housing Act 1985(1) before 7th March 1987 if the notice was in the form prescribed by the regulations mentioned in paragraph (1) above or in a form substantially to the like effect.

Regulation 2

SCHEDULE 1

Form RTB 1NOTICE CLAIMING THE RIGHT TO BUY

Regulation 3

SCHEDULE 2

Form RTB 2NOTICE IN REPLY TO TENANT'S RIGHT TO BUY CLAIM

Nicholas Ridley

Secretary of State for the Environment

9th December 1986

Nicholas Edwards

Secretary of State for Wales

12th December 1986

EXPLANATORY NOTE

These regulations prescribe the forms of notice for use in connection with the right to buy under sections 122(1) and 124(1) of the Housing Act 1985 (regulations 2 and 3) and the particulars to be contained in them (regulation 4). The forms are—

(a) the form of notice to be used by a secure tenant to claim the right to buy (Form RTB1); and

(b) the form of notice to be used by a landlord to accept or reject the tenant's claim (Form RTB2).

The forms replace those prescribed by the Housing (Right to Buy) (Prescribed Forms) Regulations 1984 which are revoked (regulation 5(1)). A notice claiming the right to buy served by a secure tenant before 7th March 1987 is not invalidated by these regulations if it is in the form required by the 1984 Regulations or in a substantially similar form (regulations 5(2)).

(1)

By virtue of section 2(2) of the Housing (Consequential Provisions) Act 1985 (c.71), a notice served under section 5(1) of the Housing Act 1980 (c.51) has effect as if served under section 122(1) of the Housing Act 1985.