The Housing (Right to Buy Delay Procedure) (Prescribed Forms) Regulations 1989

Made: 22nd February 1989

Coming into force: 10th March 1989

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[^f00001], 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 Delay Procedure) (Prescribed Forms) Regulations 1989 and come into force on 10th March 1989.

2

There are set out in the Schedule to these Regulations–

• (a) the forms for an initial notice of delay under section 153A(1) of the Housing Act 1985, form RTB5 being the form for use where the tenant has claimed to exercise the right to a shared ownership lease, and form RTB6 being the form for every other case;

• (b) the form (form RTB7) for a counter notice under section 153A(3)(b) of the Housing Act 1985.

• (c) the form (form RTB8) for an operative notice of delay under section 153A(5) of the Housing Act 1985;

and each form, or a form substantially to the like effect, is prescribed for the purpose specified.

3

The prescribed particulars to be contained in any notice the form of which is prescribed by regulation 2 above are the particulars required by that form.

SCHEDULE

FORM RTB 5

HOUSING ACT 1985: SECTION 153A(1)

Initial Notice of Delay

FORM RTB 6

HOUSING ACT 1985: SECTION 153A(1)

Initial Notice of Delay

FORM RTB 7

HOUSING ACT 1985: SECTION 153A(3)(b)

LANDLORD'S COUNTER NOTICE

FORM RTB 8

HOUSING ACT 1985: SECTION 153A(5)

OPERATIVE NOTICE OF DELAY

Signed

Nicholas Ridley — Secretary of State for the Environment — 15th February 1989

Peter Walker — Secretary of State for Wales — 22nd February 1989

Explanatory note

(This note is not part of the Regulations)

Section 124 of the Housing Act 1988 adds sections 153A and 153B to Part V of the Housing Act 1985 (the right to buy). These sections make provision for the consequences of delay by a landlord in dealing with a tenant’s application to exercise the right to buy. These Regulations prescribe the form of notices and particulars for inclusion in notices to be served on or by a landlord under these sections.

Section 153A provides for the tenant to serve an initial notice of delay. The form prescribed for this is form RTB5 where the tenant claims the right to a shared ownership lease (see sections 143 to 153 of the Housing Act 1985) or form RTB6 in any other case. The landlord may respond to an initial notice of delay by serving a counter notice. Form RTB7 is the form prescribed for a counter notice served under section 153A(3)(b); no form is prescribed for a notice served under section 153A(3)(a). If no counter notice is served the tenant may serve an operative notice of delay (form RTB8).

Where an operative notice of delay is served, rent paid by the tenant during a period specified in the Act is treated as payment on account by the tenant which reduces the price paid by the tenant when the right to buy purchase or lease is completed. Where the delay exceeds 12 months, a greater sum is to be deducted from the price.

Footnotes

[^f00001]: 1985 c. 68; relevant amendments were made by section 124 of the Housing Act 1988 (c. 50) which inserted sections 153A and 153B.