Right to acquire public landlord housing HA 1988 s. 93
HA 1988 s. 93 gives approved persons the right to acquire fee simple property from public sector landlords occupied by qualifying secure tenants.
This Part has effect for the purpose of conferring on any person who has been approved under section 94 below the right to acquire from a public sector landlord, subject to and in accordance with the provisions of this Part— the fee simple estate in any buildings each of which comprises or contains one or more dwelling-houses which on the relevant date are occupied by qualifying tenants of the public sector landlord; and the fee simple estate in any other property which is reasonably required for occupation with buildings falling within paragraph (a) above. The following are public sector landlords for the purposes of this Part, namely— a local housing authority within the meaning of section 1 of the Housing Act 1985 (in this Part referred to as “ the 1985 Act ”); a new town corporation within the meaning of section 4(b) of that Act; a housing action trust within the meaning of Part III of this Act; and the Development Board for Rural Wales. Subject to subsection (4) below, a secure tenant of a public sector landlord is a qualifying tenant for the purposes of this Part if (and only if) his secure tenancy is held directly from the landlord as owner of the fee simple estate and, in relation to any acquisition or proposed acquisition under this Part, any reference in the following provisions of this Part to qualifying tenant is a reference only to a qualifying tenant of the public sector landlord from whom the acquisition is or is proposed to be made. A secure tenant is not a qualifying tenant for the purposes of this Part if— he is obliged to give up possession of the dwelling-house in pursuance of an order of the court or will be so obliged at a date specified in such an order; or the circumstances are as set out in any of paragraphs 5 to 11 of Schedule 5 to the 1985 Act (exceptions to right to buy). In this Part “ the relevant date ”, in relation to an acquisition or proposed acquisition under this Part, means the date on which is made the application under section 96 below claiming to exercise the right conferred by this Part.
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 93 of the Housing Act 1988 grants an approved person under section 94 the right to acquire the fee simple estate in residential buildings owned by a public sector landlord. This right applies to buildings containing dwelling-houses occupied by qualifying tenants on the relevant date, as well as any other property reasonably required for occupation alongside those buildings.
The provision defines public sector landlords to include local housing authorities under section 1 of the Housing Act 1985, new town corporations under section 4 of that Act, housing action trusts under Part III of the Housing Act 1988, and the Development Board for Rural Wales.
To be a qualifying tenant, a person must hold a secure tenancy directly from the public sector landlord as the owner of the fee simple estate. Tenants are excluded if they are under a court order requiring them to surrender possession or if they fall under the exceptions in paragraphs 5 to 11 of Schedule 5 to the Housing Act 1985. The relevant date is the date the acquisition application is made under section 96.
When it applies
- An approved applicant applying to purchase the freehold of a public sector housing block from a local housing authority.
- Acquiring adjacent land or facilities that are reasonably required for use with an acquired residential building.
- Checking whether a housing action trust or new town corporation counts as a public sector landlord for an acquisition.
- Determining if a secure tenant facing a court possession order counts as a qualifying tenant.
What this section does not say
- Individual council tenants buying their own home directly under the standard Right to Buy scheme under the Housing Act 1985.
- Acquisitions of residential property owned by private landlords or non-public housing associations.
- Tenants whose secure tenancy is subject to exceptions set out in paragraphs 5 to 11 of Schedule 5 to the Housing Act 1985.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of HA 1988 s. 93 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.