LegalizeThe Housing (Preservation of Right to Buy) (Amendment) Regulations 1999
Made: 22nd April 1999
Laid before Parliament: 29th April 1999
Coming into force: 20th May 1999
The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred upon him by section 171C of the Housing Act 19851 and of all other powers enabling him in that behalf, hereby makes the following Regulations:—
Citation and commencement
1
These Regulations may be cited as the Housing (Preservation of Right to Buy) (Amendment) Regulations 1999 and shall come into force on 20th May 1999.
Amendment
2
The Housing (Preservation of Right to Buy) Regulations 19932 in so far as they apply to dwelling-houses in England are amended by substituting, for Schedule 5A as set out in Part II of Schedule 1 (Modifications to Part V of the Housing Act 1985) and as set out in Schedule 2 (Part V as it applies in cases where the right to buy is preserved), the Schedule contained in the Schedule to these Regulations.
Application
3
These Regulations shall not apply in a case where a notice under section 122(1) of the Housing Act 1985 as it applies where the right to buy is preserved (tenant’s notice claiming to exercise the right) was served before 20th May 1999.
SCHEDULE
Signed
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong — Minister of State, — Department of the Environment, Transport and the Regions — 22nd April 1999
Explanatory note
(This note is not part of the Regulation)
These Regulations amend the Housing (Preservation of Right to Buy) Regulations 1993 which modify Part V of the Housing Act 1985 (the right to buy) for cases in England where an authority or body disposes of a qualifying dwelling-house let to a secure tenant and the tenant’s right to buy is preserved by section 171A of that Act.
amendments relate to the calculation of the cost floor which limits the amount of discount a tenant can receive when exercising the right to buy. Previously the only costs included in the calculation of the cost floor were the costs of acquisition or construction of the dwelling house and the costs of improvements, but under these amendments these costs have been extended to include costs for some works of repair and maintenance. Where the dwelling-house had no value on a transfer to the landlord requiring the approval of the Secretary of State, the costs have been further extended to include the costs of certain communal facilities, administrative costs not exceeding £2,000 and professional and consultancy fees.
Footnotes
1985 c. 68; section 171C was inserted by section 8 of the Housing and Planning Act 1986 (c. 63), was amended by section 127 of and paragraph 106 of Part II of Schedule 17 to the Housing Act 1988 (c. 50) and paragraph 19 of Schedule 21 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) and partly repealed by Schedule 22 to the 1993 Act.
S.I. 1993/2241.
1985 c. 6; section 736 was substituted by section 144(1) of the Companies Act 1989 (c. 40).
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