LegalizeThe Housing (Right to Buy) (Prescribed Form: Right to a Mortgage) Regulations 1992
Made: 15th July 1992
Coming into force: 17th August 1992
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 of the Housing Act 1985[^f00001], 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 Form: Right to a Mortgage) Regulations 1992 and shall come into force on 17th August 1992.
Right to mortgage form
2
- (1) Subject to paragraph (2), the form set out in the Schedule to these Regulations, or a form substantially to the same effect, shall be the form of notice used for the purposes of section 134(1) of the Housing Act 1985[^f00002] (tenant’s notice claiming to exercise right to a mortgage).
- (2) The form shall show the name and address of the person on whom the tenant is required, under that section, to serve the notice.
Revocation
3
- (1) The Housing (Right to Buy) (Prescribed Forms) (No. 2) Regulations 1980[^f00003] are hereby revoked.
- (2) Nothing in these Regulations shall affect the validity of any notice served under section 134(1) of the Housing Act 1985 before 17th December 1992 if the notice was in the form prescribed by the Regulations mentioned in paragraph (1).
SCHEDULE
Form RTB4
Notice Claiming The Right To A Mortgage
Signed
Michael Howard — Secretary of State for the Environment — 15th July 1992
David Hunt — Secretary of State for Wales — 15th July 1992
Explanatory note
(This note is not part of the Regulations)
The right to buy is provided for in Part V of the Housing Act 1985 and secure tenants who have the right to buy can also claim a mortgage from their landlord. These Regulations prescribe the form of notice to be used by secure tenants when claiming the right to a mortgage (regulation 2). This form replaces that prescribed by the Housing (Right to Buy) (Prescribed Forms) Regulations 1980 which are revoked (regulation 3).
A notice claiming the right to a mortgage served before 17th December 1992 is not invalidated by these Regulations if it is in the form required by the 1980 Regulations (regulation 3).
Footnotes
[^f00001]: 1985 c. 68.
[^f00002]: Section 134(1) was amended by the Housing Act 1988 (c. 50), Schedule 17, paragraph 106.
[^f00003]: S.I. 1980/1465, retained in force by section 2(2) of the Housing (Consequential Provisions) Act 1985 (c. 71).
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