Preserved right to buy: HA 1988 s. 127
Amends HA 1985 to add categories of family members who can acquire assured tenancy with preserved right to buy, and limits regulations on charities.
In subsection (4) of section 171B of the Housing Act 1985 for paragraph (a) there shall be substituted the following paragraphs— where the former secure tenancy was not a joint tenancy and, immediately before his death, the former secure tenant was tenant under an assured tenancy of a dwelling-house in relation to which he had the preserved right to buy, a member of the former secure tenant’s family who acquired that assured tenancy under the will or intestacy of the former secure tenant; where the former secure tenancy was not a joint tenancy, a member of the former secure tenant’s family to whom the former secure tenant assigned his assured tenancy of a dwelling-house in relation to which, immediately before the assignment, he had the preserved right to buy . In subsection (2)(a) of section 171C of that Act after the word “paragraphs” there shall be inserted “ “1, 3 and ” . After subsection (4) of that section there shall be added the following subsection— The disapplication by the regulations of paragraph I of Schedule 5 shall not be taken to authorise any action on the part of a charity which would conflict with the trusts of the charity.
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
Section 127 of the Housing Act 1988 amends the Housing Act 1985 to expand who can take over an assured tenancy and still keep the preserved right to buy. The preserved right to buy is a right that former council tenants keep even after their home is sold to a private landlord.
The first change adds a family member who inherits the tenancy under the will or intestacy of a former secure tenant (who was not a joint tenant) who held the assured tenancy with the preserved right to buy at the time of death. The second change adds a family member to whom such a tenant assigned the assured tenancy while still holding the preserved right to buy.
The section also prevents regulations from being used to force a charity to act against its own trust deeds.
When it applies
- A former council tenant, now with an assured tenancy and preserved right to buy, dies and her son inherits the tenancy under her will.
- A tenant who still has the preserved right to buy assigns his assured tenancy to his sister before moving into a care home.
- A housing association that is a charity tries to sell a property under regulations that would conflict with its charitable objects.
- A landlord refuses to recognise the right to buy of a family member who inherited an assured tenancy from a sole former secure tenant.
What this section does not say
- This provision does not cover situations where the former secure tenancy was a joint tenancy; only sole tenants and their family members are added.
- It does not define what counts as a 'member of the family' – that definition is in the Housing Act 1985 itself.
- It does not cover assignments or inheritances after the tenant has lost the preserved right to buy.
- It does not apply to Scotland; that is covered by section 128 of this Act.
Related sections
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This page reproduces the text of HA 1988 s. 127 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.