National Park Letting Restrictions HA 1988 s. 125
Section 125 amends the Housing Act 1985 to restrict lettings and licences of former council homes in National Parks without local authority consent.
Section 37 of the Housing Act 1985 (restriction on disposals of dwelling-houses in National Parks etc.) shall be amended in accordance with this section. In subsection (2) (the covenanted limitation) after the word “his” there shall be inserted “ “(a) ” and at the end there shall be added and there will be no disposal by way of tenancy or licence without the written consent of the authority unless the disposal is to a person satisfying that condition or by a person whose only or principal home is and, throughout the duration of the tenancy or licence, remains the house . In subsection (3) (disposals limited to persons employed or living locally) after the words “application for consent” there shall be inserted the words “ or, in the case of a disposal by way of tenancy or licence, preceding the disposal ” . At the end of subsection (4) (disposals in breach of covenant to be void) there shall be added and, so far as it relates to disposals by way of tenancy or licence, such a covenant may be enforced by the local authority as if— the authority were possessed of land adjacent to the house concerned; and the covenant were expressed to be made for the benefit of such adjacent land . After subsection (4) there shall be inserted the following subsection— Any reference in the preceding provisions of this section to a disposal by way of tenancy or licence does not include a reference to a relevant disposal or an exempted disposal. This section has effect where the conveyance, grant or assignment referred to in subsection (1) of section 37 is executed on or after the commencement of this Act.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section amends section 37 of the Housing Act 1985, extending statutory restrictions on former council properties located in National Parks, Areas of Outstanding Natural Beauty, or designated rural areas. It prevents owners from letting or licensing these homes without written consent from the local authority.
Consent is not required if the tenant or licensee meets local employment or residence criteria, or if the landlord maintains the property as their only or principal home throughout the tenancy. Local authorities can enforce these covenants against owners as if the authority held adjacent land.
When it applies
- An owner of a former council house in a National Park wants to let the property as a short-term holiday home while living elsewhere.
- A landlord lets a restricted rural dwelling to a tenant who has lived or worked locally preceding the disposal.
- A homeowner lets out a room or tenancy in their designated rural home while continuing to occupy it as their principal home.
What this section does not say
- Outright sales or freehold disposals of Right to Buy properties in National Parks.
- Letting conditions attached to council housing improvement grants.
- Standard rent increase procedures for periodic assured tenancies.
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This page reproduces the text of HA 1988 s. 125 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.