The Housing (Preservation of Right to Buy) Regulations 1993
1Citation, commencement and application
2Modifications to the Right to Buy
3Transitional Provisions
4Revocations
SCHEDULE 1MODIFICATIONS TO PART V OF THE HOUSING ACT 1985
PART IEXCEPTIONS AND ADAPTATIONS
1(1) Subject to the following provisions of this paragraph, in...
2(1) Subject to the following provisions of this paragraph, in...
3Omit section 118(2) (the right to buy).
4In section 119(2) (qualifying period for right to buy), for...
5At the end of section 122 (qualifying person’s notice claiming...
6For section 123(3) (claim to share right to buy with...
7In section 125(5) (landlord’s notice of purchase price and other...
8In section 125A(2)(b) (estimates and information about service charges), omit...
9In section 125D(1) (qualifying person’s notice of intention) for the...
10In section 127 (value of qualifying dwelling-house)—
11In section 131 (limits on amount of discount)—
12In section 136 (change of qualifying person after notice claiming...
13In section 137(1) (change of landlord after claiming right to...
14In section 139(2) (terms and effect of conveyance or grant)...
15For section 140(3) (landlord’s first notice to complete) substitute—
16Omit sections 143 to 153 (right to acquire on rent...
17In section 153A(1)(e) and (3)(b) (qualifying person’s notices of delay)...
18In section 153B (payments of rent attributable to purchase price...
19In section 154 (registration of title), in subsection (1) omit...
20In section 155 (repayment of discount on early disposal)—
21In section 156 (liability to repay is a charge on...
22In section 157 (restriction on disposal of qualifying dwelling-houses in...
23In section 158 (consideration for reconveyance or surrender under s....
24In section 162(a) (exempted disposals which end liability under covenants)...
25Omit sections 164 to 170 (various powers of Secretary of...
26Omit section 171 (power to extend right to buy, etc.)....
27In section 171A(2) (cases in which right to buy is...
28In section 171B(5)(b) (extent of preserved right: qualifying persons and...
29Omit section 171C (modifications to Part V in relation to...
30Omit section 173 (exclusion of shared ownership leases granted under...
31In section 174 (leases granted under Part V to be...
32In section 176 (notices) omit subsections (1), (2) and (5)....
33Omit section 177 (errors and omissions in notices).
34For section 178 (costs) substitute— An agreement between the landlord and qualifying person claiming to...
35In section 179 (provisions restricting right to buy, etc. of...
36In section 180 (statutory declarations) for the words from the...
37In section 181(1)(b) (jurisdiction of county court) omit “or under...
38Omit section 182 (power to repeal or amend local Acts)....
39In section 184(2)(a) and (3) (land let with or used...
40In section 188 (the index of defined expressions: Part V)—...
41In Schedule 5 (exceptions to the right to buy) omit...
42After Schedule 5 insert as Schedule 5A the Schedule set...
43In Schedule 6 (conveyance of freehold and grant of lease...
44Omit Schedule 6A (redemption of landlord’s share under rent to...
PART IISCHEDULE TO BE INSERTED AFTER SCHEDULE 5
SCHEDULE 2PART V AS IT APPLIES IN CASES WHERE THE RIGHT TO BUY IS PRESERVED
The Right to Buy
118The right to buy
119Qualifying period for right to buy
120Exceptions to the right to buy
121Circumstances in which the right to buy cannot be exercised
Claim to exercise right to buy
122Qualifying person’s notice claiming to exercise right to buy
123Claim to share right to buy with members of family
124Landlord’s notice admitting or denying right to buy
125Landlord’s notice of purchase price and other matters
125AEstimates and information about service charges
125BEstimates and information about improvement contributions
125CReference period for purposes of ss. 125A and 125B
125DQualifying person’s notice of intention
125ELandlord’s notice in default
Purchase price
126Purchase price
127Value of qualifying dwelling-house
128Determination of value by district valuer
129Discount
130Reduction of discount where previous discount given
131Limits on amount of discount
Change of qualifying person or landlord after service of notice claiming right to buy
136Change of qualifying person after notice claiming right to buy
137Change of landlord after notice claiming right to buy
Completion of purchase in pursuance of right to buy
138Duty of landlord to convey freehold or grant lease
139Terms and effect of conveyance or grant
140Landlord’s first notice to complete
141Landlord’s second notice to complete
Qualifying person’s sanction for landlord’s delay
153AQualifying person’s notices of delay
153BPayments of rent attributable to purchase price etc.
Registration of title
154Registration of title
Provisions affecting future disposals
155Repayment of discount on early disposal
156Liability to repay is a charge on the premises
157Restriction on disposal of qualifying dwelling-houses in National Parks, etc.
158Consideration for reconveyance or surrender under s. 157.
159Relevant disposals
160Exempted disposals
161Meaning of “compulsory disposal”
162Exempted disposals which end liability under covenants
163Treatment of options
Preservation of right to buy on disposal to private sector landlord
171ACases in which right to buy is preserved
171BExtent of preserved right: qualifying persons and dwelling-houses
171DSubsequent dealings: disposal of landlord’s interest in qualifying dwelling-house
171ESubsequent dealings: termination of landlord’s interest in qualifying dwelling-house
171FSubsequent dealings: transfer of qualifying person to alternative accommodation
171GLand registration and related matters
171HDisposal after notice claiming to exercise right to buy, etc.
Modifications of Leasehold Reform Act 1967 in relation to leases granted under this Part
172Exclusion of leases where landlord is housing association and freeholder is a charity
174Leases granted under this Part to be treated as long leases at a low rent
175Determination of price payable
Supplementary provisions
176Notices
178Costs
179Provisions restricting right to buy, etc. of no effect
180Statutory declarations
181Jurisdiction of county court
183Meaning of “house”, “flat” and “dwelling-house”
184Land let with or used for purposes of dwelling-house
185Meaning of “secure tenancy” and “secure tenant”
186Members of a person’s family
187Minor definitions
188Index of defined expressions: Part V
SCHEDULE 4QUALIFYING PERIOD FOR RIGHT TO BUY AND DISCOUNT
Introductory
1The period to be taken into account—
Periods occupying accommodation subject to public sector tenancy
2A period qualifies under this paragraph if it is a...
3For the purposes of paragraph 2 a person who, as...
4(1) This paragraph applies where the public sector tenant of...
Periods occupying forces accommodation
5A period qualifies under this paragraph if it is a...
Periods during which right to buy is preserved
5AA period qualifies under this paragraph if it is a...
Meaning of “public sector tenant”
6(1) In this Schedule a “public sector tenant” means a...
The landlord condition
7(1) The landlord condition is, subject to paragraph 7A and...
7A(1) The landord condition shall be treated as having been...
8(1) The landlord condition shall also be treated as having...
The tenant condition
9The tenant condition is that the tenant was an individual...
Application to certain housing association tenancies
10For the purpose of determining whether at any time a...
SCHEDULE 5EXCEPTIONS TO THE RIGHT TO BUY
Certain housing associations
2The right to buy does not arise if the landlord...
Landlord with insufficient interest in the property
4The right to buy does not arise unless the landlord...
Qualifying dwelling-houses let in connection with employment
5(1) The right to buy does not arise if the...
Certain qualifying dwelling-houses for the disabled
7The right to buy does not arise if the qualifying...
9(1) The right to buy does not arise if—
Certain qualifying dwelling-houses for persons of pensionable age
10(1) The right to buy does not arise if the...
11(1) The right to buy does not arise if the...
Qualifying dwelling-houses held on Crown tenancies
12(1) The right to buy does not arise if the...
SCHEDULE 5ALIMITS ON AMOUNT OF DISCOUNT RELEVANT COSTS
Introductory
1In this Schedule— “cost floor” means the amount mentioned in...
Relevant costs and relevant works
2Costs shall be treated as relevant costs if, and only...
3Works of improvement to a qualifying dwelling-house are relevant works...
4Costs incurred on any relevant works shall not be treated...
Ascertainment of cost floor
5(1) The cost floor is an amount equal to the...
Estimates
6An estimate may be made for the purposes of arriving...
Companies
7(1) In a case where a landlord is a company,...
SCHEDULE 6CONVEYANCE OF FREEHOLD AND GRANT OF LEASE IN PURSUANCE OF RIGHT TO BUY
PART ICOMMON PROVISIONS
Rights to be conveyed or granted—general
1The conveyance or grant shall not exclude or restrict the...
Rights of support, passage of water, etc.
2(1) The conveyance or grant shall, by virtue of this...
Rights of way
3The conveyance or grant shall include— (a) such provisions (if...
Convenants and conditions
4The conveyance or grant shall include such provisions (if any)...
5Subject to paragraph 6, and to Parts II and III...
No charge to be made for landlord’s consent or approval
6A provision of the conveyance or lease is void in...
Meaning of “incumbrances” and “tenant’s incumbrance”
7In this Schedule— “incumbrances” includes personal liabilities attaching in respect...
PART IICONVEYANCE OF FREEHOLD
General
8The conveyance shall not exclude or restrict the all estate...
9(1) The conveyance shall be of an estate in fee...
Covenants
10The conveyance shall be expressed to be made by the...
PART IIILEASES
General
11A lease shall be for the appropriate term defined in...
The appropriate term
12(1) If at the time the grant is made the...
Common use of premises and facilities
13Where the qualifying dwelling-house is a flat and the qualifying...
Covenants by the landlord
14(1) This paragraph applies where the qualifying dwelling-house is a...
15(1) This paragraph applies where the landlord’s interest in the...
Covenant by tenant
16Unless otherwise agreed between the landlord and the qualifying person,...
Service charges and other contributions payable by the tenant
16A(1) The lease may require the tenant to bear a...
16B(1) Where a lease of a flat requires the tenant...
16C(1) Where a lease of a flat requires the tenant...
16D(1) The Secretary of State may by order prescribe—
Avoidance of certain provisions
17(1) A provision of the lease, or of an agreement...
18Where the qualifying dwelling-house is a flat, a provision of...
19A provision of the lease, or of an agreement collateral...
PART IVCHARGES
Grant of lease
20A charge (however created or arising) on the interest of...
Conveyance of freehold
21(1) This paragraph applies to a charge (however created or...
SCHEDULE 9ALAND REGISTRATION AND RELATED MATTERS WHERE RIGHT TO BUY PRESERVED
Statement to be contained in instrument effecting qualifying disposal
1On a qualifying disposal, the disponor shall secure that the...
Registration of title on qualifying disposal
2(1) Where, on a qualifying disposal the disponor’s title to...
3Where a qualifying disposal takes the form of the grant...
Entries on register protecting preserved right to buy
4The Chief Land Registrar on application being made for registration...
Change of qualifying dwelling-house
5(1) This paragraph applies where by virtue of section 171B(6)...
Effect of non-registration
6(1) The rights of a qualifying person under this Part...
Statement required on certain disposals on which right to buy ceases to be preserved
7(1) A conveyance of the freehold or grant of a...
Removal of entries on land register
8Where the registered title to land contains an entry made...
Liability to compensate or indemnify
9(1) An action for breach of statutory duty lies where—...
Meaning of “disposal” and “instrument effecting disposal”
10References in this Schedule to a disposal or to the...
SCHEDULE 3TRANSITIONAL MODIFICATIONS TO PART V OF THE HOUSING ACT 1985
1For subsection 125(5) (landlord’s notice of purchase price and other...
2For subsection 140(3) (landlord’s first notice to complete) substitute—
3For section 142 (when qualifying person is entitled to defer...
4After Schedule 6A insert— SCHEDULE 6B RECKONABLE AMOUNT OF QUALIFYING...
SCHEDULE 4ADDITIONAL OR SUBSTITUTED PROVISIONS TO BE INSERTED IN SCHEDULE 2 IN TRANSITIONAL CASES
125Landlord’s notice of purchase price and other matters
140Landlord’s first notice to complete.
142When qualifying person is entitled to defer completion.
153BPayments of rent attributable to purchase price etc.
SCHEDULE 6
PART IIILEASES
Service charges and other contributions payable by the tenant
16B(4) , and (c) if the tenant served notice under...
16C(4) , and (c) if the tenant served notice under...
SCHEDULE 6BRECKONABLE AMOUNT OF QUALIFYING PERSON FOR PURPOSES OF RIGHT TO DEFER COMPLETION
Introductory
1This Schedule has effect with respect to the calculation of...
2In this Schedule— “admissible source” means a source of income...
Reckonable amount
3The qualifying person’s reckonable amount for the purposes of section...
Income from employment
4(1) This paragraph applies to income from an employment.
Income from business
5(1) This paragraph applies to income from a business carried...
Other income
6(1) This paragraph applies to income from a source to...
Income from more than one source
7If the qualifying person has income from more than one...
Estimates
8The landlord may accept any estimate for the purposes of...
Joint tenants
9Where the right to buy is being exercised by more...
Multipliers
10(1) This paragraph specifies the appropriate factor to be applied...

1993 No. 2241

HOUSING, ENGLAND AND WALES

The Housing (Preservation of Right to Buy) Regulations 1993

Made

Laid before Parliament

Coming into force

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 upon them by section 171C of the Housing Act 19851 and of all other powers enabling them in that behalf, hereby make the following Regulations—