Housing (Extension of Right to Buy) Order 1990

JurisdictionUK Non-devolved
CitationSI 1990/179
Year1990

1990 No. 179

HOUSING, ENGLAND AND WALES

The Housing (Extension of Right to Buy) Order 1990

Made 7th February 1990

Laid before Parliament 8th February 1990

Coming into force 1st March 1990

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 171 of the Housing Act 19851and of all other powers enabling them in that behalf, hereby make the following Order–

S-1 This Order may be cited as the Housing (Extension of Right to...

1. This Order may be cited as the Housing (Extension of Right to Buy) Order 1990 and shall come into force on the 1st March 1990.

S-2 Part V of the Housing Act 1985 (the right to buy) as it applies...

2. Part V of the Housing Act 1985 (the right to buy) as it applies in the circumstances described in article 3 of the Housing (Extension of Right to Buy) Order 19872(cases in which right to buy is extended) has effect with the further modifications specified in the Schedule to this Order.

S-3 The modifications specified in the Schedule to this Order do...

3.—(1) The modifications specified in the Schedule to this Order do not apply in a case where the tenant’s notice claiming to exercise the right to buy was served before this Order comes into force.

(2) For the purposes of paragraph (1), no account shall be taken of any steps taken under section 177 of the Housing Act 1985 (errors and omissions in notices).

Chris Patten

Secretary of State for the Environment

7th February 1990

Ian Grist

Parliamentary Under-Secretary of State, Welsh Office

7th February 1990

SCHEDULE

MODIFICATIONS OF PART V

SCH-1.1

1. In section 124 (notice admitting or denying right to buy) after subsection (2) insert–

SCH-1.3

“3 A freeholder’s notice under this section shall inform the tenant of any application for a determination under paragraph 11 of Schedule 5 (determination that right to buy not to be capable of exercise) and, in the case of a notice admitting the tenant’s right to buy, is without prejudice to any determination made on such an application.”.

SCH-1.2

2. In section 138A3(distribution of purchase money and discount)–

(a) in subsection (1)–

(i) for the formula substitute–

(ii) in the definition of P after “tenant” insert “(disregarding any reduction to be made under section 153B(3) (payments of rent attributable to purchase price etc.))”; and

(iii) after the definition of V insert–

“S is zero except in a case where the formula is applied to calculate the amount payable to a landlord or an intermediate landlord on which an operative notice of delay (which in this section has the same meaning as in section 153B) has been served, and in that case–

(a) where no operative notice of delay has been served on the freeholder and an operative notice of delay has been served on only one landlord or intermediate landlord, S is the amount of the reduction to be made under section 153B(3), and

(b) in any other case S is an amount equal to the aggregate of–

(i) the total of any payments on account treated as having been paid by the tenant by virtue of section 153B(2) solely because of the service of the operative notice of delay on the relevant landlord or intermediate landlord, and a rateable apportionment of any such payments as are so treated because of the service of operative notices of delay both on the relevant landlord or intermediate landlord and on one or more other authorities or bodies, and

(ii) if section 153B(3)(b) has applied, a sum equal to the appropriate...

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