National Park Right to Buy tenancy rules HA 1988 s. 126
HA 1988 s. 126 restricts tenancies and licences for Right to Buy homes in National Parks, requiring consent unless let to local workers or residents.
In Part V of the Housing Act 1985 (the right to buy), section 157 (restriction on disposal 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 landlord 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 dwelling-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 (6) (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 landlord as if— the landlord 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 (6) 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 or grant referred to in subsection (1) of section 157 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 157 of the Housing Act 1985 regarding properties in National Parks, Areas of Outstanding Natural Beauty, and designated rural areas acquired under the Right to Buy scheme.
It expands the statutory covenant so that disposing of the dwelling-house by way of a tenancy or licence requires the landlord's written consent. Consent is not required if the tenant or licensee meets the statutory local residency or employment conditions, or if the dwelling-house remains the owner's only or principal home throughout the letting.
Landlords are given the right to enforce these tenancy covenants as if they owned adjacent land. The restriction applies to conveyances or grants executed on or after the commencement of the Housing Act 1988.
When it applies
- An owner of a former council house in a National Park intends to sub-let the property to a tenant who does not live or work locally.
- A landlord seeks to enforce a covenant against an owner who granted a tenancy without written consent.
- A property owner who bought under Right to Buy takes in a lodger while continuing to live in the home as their principal residence.
What this section does not say
- Variations to the cost floor for Right to Buy discounts, which are covered under HA 1988 s. 122.
- Financial penalties or sanctions for landlord delays in Right to Buy applications, governed by HA 1988 s. 124.
- The general rules for preserved Right to Buy on housing transfers, dealt with in HA 1988 s. 127.
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This page reproduces the text of HA 1988 s. 126 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.