Statutory Instrument 1993 No. 2246

      The Housing (Right to Buy) (Prescribed Forms) (Amendment) Regulations 1993

      © Crown Copyright 1993

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STATUTORY INSTRUMENTS

1993 No. 2246

HOUSING, ENGLAND AND WALES

The Housing (Right to Buy) (Prescribed Forms) (Amendment) Regulations 1993

Made 9th September 1993
Coming into force 11th October 1993


    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[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:
    Citation and commencement
        1.    These Regulations may be cited as the Housing (Right to Buy) (Prescribed Forms) (Amendment) Regulations 1993 and shall come into force on 11th October 1993.
    Amendments
        2.—(1)  The Housing (Right to Buy) (Prescribed Forms) Regulations 1986[2] are amended in accordance with the following provisions of this regulation.

        (2)  After regulation 3 insert—

            3A.    "The form set out in Schedule 3 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 acquire on rent to mortgage terms under section 144 of the Housing Act 1985.

            3B.    The form set out in Schedule 4 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 acquire on rent to mortgage terms under section 146 of the Housing Act 1985."[3] .

        (3)  In Schedule 1 (form of notice claiming right to buy)—

      (a)  in the first paragraph[4] omit "new town development corporations, and";

      (b)  after the first paragraph insert—


          "Tenants who wish to claim the right to acquire their homes on rent to mortgage terms should also complete this form. The procedure for applying for the right to buy and for rent to mortgage is at first the same. You decide at a later stage which option you wish to pursue-see the section of this form headed "What happens next?"." ;

      (c)  in the third paragraph for "(B3/3), Victoria Road, Ruislip, HA4 0NZ" substitute ", P.O. Box 151, London E15 2HF"; and

      (d)  in Part G—

        (i)  above the last space for a signature omit "and the right to a mortgage"; and

        (ii)  for the second paragraph after the heading "What happens next?" substitute—


            "After admitting your right to buy your landlord must notify you of the proposed terms of sale, including the purchase price. Your landlord must also give you information about the rent to mortgage scheme. At that stage you must decide whether to go ahead with the right to buy, or to apply to acquire on rent to mortgage terms, or to withdraw your application.


            If you decide on the right to buy or on rent to mortgage, you are not committed to buying the property under either scheme. You can transfer later from one scheme to the other. You may also withdraw at any time before completion by writing to your landlord." .

        (4)  In Schedule 2 (notice in reply to tenant's right to buy claim)—

      (a)  in Part A[5] omit the parenthetical words immediately after—

        (i)  "property is admitted"; and

        (ii)  (in the note to tenant) "The landlord is";

      (b)  in Part B—

        (i)  for the heading substitute—

            Part B: Denial of the right to buy on grounds other than paragraph 11 of Schedule 5 to the Housing Act 1985
            " " ; and

        (ii)  after "statutory provisions" insert ". Complete Part C as well as Part B if the right to buy is denied on the ground in paragraph 11 of Schedule 5 to the Housing Act 1985 and on another ground."; and

      (c)  for Part C substitute—

          Part C: Elderly persons' dwellings: Denial of the right to buy on the ground in paragraph 11 of Schedule 5 to the Housing Act 1985
          "To:

          Name(s) of person(s) whose right to buy is denied
          Surname Other names
             
             
             


          Your right to buy the following property is denied:

          Address of property

          Rectangle, open
          Reason for denial
          In the opinion of the landlord you do not have the right to buy because paragraph 11 of Schedule 5 to the Housing Act 1985 applies.

          This means that the property
              • was first let before 1st January 1990,

              • is particularly suitable for occupation by elderly persons, and

              • was let for occupation by a person aged 60 or more.

          Note to tenant
          If you do not agree with this reason for denying the right to buy you may ask the Secretary of State to decide whether it is correct. You must apply to the Secretary of State within eight weeks. If the property is in England write to HRTB Division, Department of the Environment, 2 Marsham Street, London SW1P 3EB. If the property is in Wales write to Housing Division, Welsh Office, Cathays Park, Cardiff CF1 3NQ." .

        (5)  After Schedule 2, insert, as Schedules 3 and 4, the content of the Schedule to these Regulations.
    Revocation
        3.    The Housing (Right to Buy) (Prescribed Forms) (Amendment) Regulations 1990[6] are hereby revoked.
    Savings
        4.    These Regulations do not apply in a case where a notice under section 122 of the Housing Act 1985 (tenant's notice claiming to exercise the right to buy) was served before 11th October 1993.


Signed by authority of the Secretary of State

G. S. K. Young

Minister of State, Department of the Environment

8th September 1993

John Redwood

Secretary of State for Wales

9th September 1993




Notes:

[1] 1985 c. 68. back

[2] S.I. 1986/2194; relevant amending instruments are S.I. 1989/239, S.I. 1990/207. back

[3] Section 144 was substituted by section 109 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), and section 146 was substituted by section 110 of that Act. back

[4] Substituted by S.I. 1989/239. back

[5] The words to be omitted were inserted by S.I. 1990/207. back

[6] 1990/207. back

 

Explanatory Note


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