SCHEDULE
Article 3
MODIFICATIONS TO PART V
1. In section 118 (the right to buy), for subsection (1) substitute-
"(1) A secure tenant has the right to buy, that is to say, the right, in the circumstances and subject to the conditions and exceptions stated in the following provisions of this Part, to acquire the freehold of the dwelling-house.".2. In section 122 (tenant's notice claiming to exercise right to buy), omit subsection (3).
3. After section 122 (tenant's notice claiming to exercise right to buy) insert the following section-
"Tenant's notice to be 122A.-(1) Where a notice under section 122(1)
served on superior (notice claiming to exercise
landlords. right to buy) is served by the tenant
the landlord shall, as soon as
practicable,-
(a) S.I. 1987/1732.
(b) S.I. 1990/179.
(c) Section 177 was amended by paragraph 106 of Schedule 17 to the Housing Act 1988 (c.50), paragraph 20 of Schedule 21 and Schedule 22 to the Leasehold Reform, Housing and Urban Development Act 1993 (c.28).
(a) serve a copy of the notice on
the authority or body which is its
landlord in relation to the
dwelling-house, and
(b) serve on the tenant a notice in
writing that this has been done
and of the name and address of
that authority or body
(2) If the authority or body
referred to in subsection (1)(a) is an
intermediate landlord, it shall in turn
serve a copy of the notice on
the authority or body which is its
immediate landlord in relation to
the dwelling-house (and so on, if that
authority or body is also an
intermediate landlord)
(3) The landlord and each of the
intermediate landlords (if any) shall
at the same time as it serves on
its landlord the copy of the
tenant's notice, notify that
authority or body whether to its
knowledge there are any reasons
for denying the tenant's right to
buy and, if there are, state those
reasons
(4) When an intermediate landlord
in accordance with subsection (3),
notifies its immediate landlord
whether there are any reasons for
denying the tenant's right to buy,
it shall send with that
notification the notification or
notifications under that
subsection which it has received
from the landlord or from any
other intermediate landlord or
landlords.
(5) An authority or body which serves
a copy of the tenant's notice on
another authority or body in
accordance with subsection (2)
shall at the same time notify the
landlord and the tenant that this
has been done and the name and address
of the other authority or
body.".
4. In section 123 (claim to share right to buy with members of family), in paragraph (b) of subsection (2), for the reference to the landlord substitute a reference to the freeholder.
5. For section 124( a) (landlord's notice admitting or denying right to buy) substitute-
"Freeholder's notice 124.-(1) Where in pursuance of
admitting or denying section 122A (tenant's notice to be
the right to buy. served on superior landlords) the freeholder
receives a copy of the
secure tenant's notice under
section 122 (notice claiming to
exercise right to buy), and the notice
has not been withdrawn,
the freeholder shall serve on
the tenant, within the period
specified in subsection (2),
a written notice either-
(a) admitting his right, or
(b) denying it and stating
why, in the opinion of the
freeholder, the
tenant does not have
the right to buy.
(2) The period for serving
a notice under subsection (1)
is eight weeks
beginning on the day after the
date of the service on the
freeholder of the copy of the tenant's
notice claiming to exercise the right
to buy.
(3) The freeholder shall, as soon
as practicable, serve on the landlord
and on each of the intermediate
landlords (if any) a copy of the
notice served on the tenant
under subsection (1).".
6. After section 124 insert the following section-
"Withdrawal of a 124A.-(1) If the tenant wishes to
tenant's notice. withdraw a notice under section
122(1) (notice claiming to exercise
right to buy) before he has
received the freeholder's notice
under section 124(1) (notice
admitting or denying right to buy),
he may do so by notice in
writing served on the landlord.
(2) Where the landlord receives
the tenant's notice of withdrawal
under subsection (1) after it has
served on its landlord a copy of
the tenant's notice under section
122(1) (notice claiming to
exercise right to buy), it shall,
as soon as practicable, serve on
its landlord a copy of the notice
of withdrawal.
(3) An intermediate landlord
shall, in turn, similarly serve
on its immediate landlord a copy of the
tenant's notice of withdrawal.
(4) If the tenant wishes to withdraw
his notice claiming to exercise
the right to buy after he has
received the freeholder's notice
admitting or denying the right,
he may do so by a notice in
writing served on the freeholder.
(a) Section 124(3) was repealed by Schedule 22 to the Leasehold Reform, Housing and Urban Development Act 1993.
(5) Where the tenant serves a notice
of withdrawal on the freeholder,
the freeholder shall, as soon as
practicable, inform the landlord
and the intermediate landlords
(if any) of this fact.".
7. In section 125 (landlord's notice of purchase price and other matters)-
(a) for subsection (1) substitute-"(1) Where a secure tenant has claimed to exercise the right to buy and that right has been established (whether by the freeholder's admission or otherwise), the freeholder shall within twelve weeks serve on the tenant a notice complying with this section.";
(b) in subsection (2)-(i) for the reference to the landlord substitute a reference to the freeholder, and(ii) omit the words "or, as the case may be, the lease granted to him";(c) in subsection (3)-(i) for the reference to the landlord substitute a reference to the freeholder, and(ii) omit the words "or grant";(d) in subsection (4)( a)- (i) for the words "the landlord" substitute the words "the freeholder, an intermediate landlord or the landlord",(ii) omit the words ", or (b) improvement contributions,", and(iii) omit the words "or 125B (improvement contributions)";(e) in subsection (4A)( b)- (i) for the reference to the landlord substitute a reference to the freeholder,(ii) omit the words "or the building in which it is situated", and(iii) omit the words "or lease"; and(f) in subsection (5)( c)- (i) in paragraph (a), for the words "landlord's notice" substitute the words "freeholder's notice", and(ii) in paragraph (d), for the words "landlord's notices" substitute the words "freeholder's notices".8. In section 125A( d) (estimates and information about service charges)-
(a) in subsection (1)-(i) for the references to landlord substitute references to freeholder, and(ii) omit the words "(excluding, in the case of a flat, charges to which subsection (2) applies)"; and(b) omit subsections (2) and (3).(a) Subsection (4) was substituted by section 4(1) of the Housing and Planning Act 1986 (c.63).
(b) Subsection (4A) was inserted by paragraph 3 of Schedule 5 to the Housing and Planning Act 1986.
(c) Subsection (5) was substituted by section 104 of the Leasehold...
