Right to Buy Update !

Update on Right to Buy – Circular 34/2006

Para.11 of Schedule 5 of the Housing Act 1985 states that the Right to Buy does not arise if a property is particularly suitable for occupation by elderly persons and had been let for occupation by a person who was aged 60 or more.

The introduction of the Leasehold Reform, Housing and Urban Development Act1993 (Sec 106) empowered landlords to refuse the right to by in respect of Para 11 above and also made provisions for tenants to appeal to the Secretary of State within 56 days who would then make a determination on whether Para 11. applies.

Guidance was issued in Oct 1993 concerning how the Secretary of State would deal with these applications. Guidance was also issued to landlords at the same time.

When the National Assembly was established in 1999 the functions of the Secretary of State were transferred over. The National Assembly of Wales proposed changes in 2004, this revised circular now reflects those responses and revises aspects of the initial guidance in respect of:

• The procedure for dealing with appeals from tenants under paragraph 11 of Schedule 5 of the Housing Act 1985
• and what the National Assembly for Wales will expect from landlords when determining whether a property has been correctly excluded for the RTB under paragraph 11.

A link to the new guidance and procedures can be downloaded at http://new.wales.gov.uk/publications/circular/circulars2006/NAFWC34-06?lang=en