Applying to acquire landlord property HA 1988 s. 96
Requirements for submitting an application to a public sector landlord under HA 1988 s. 96, specifying required plans and co-operative agreement rules.
An application claiming to exercise the right conferred by this Part— shall be made in the prescribed form to the public sector landlord concerned; and shall specify and be accompanied by a plan which shows— the buildings proposed to be acquired by virtue of paragraph (a) of subsection (1) of section 93 above; and the property proposed to be acquired by virtue of paragraph (b) of that subsection. Where an application claiming to exercise the right conferred by this Part specifies, as a building proposed to be acquired by virtue of section 93(1)(a) above, a building containing a dwelling-house which is subject to an approved co-operative management agreement, the application— shall specify all the buildings which contain dwelling-houses subject to the agreement and in which the public sector landlord has the fee simple estate; and shall not specify (by virtue of paragraph (a) or paragraph (b) of subsection (1) of section 93 above) any building which contains dwelling-houses if none of them is subject to the agreement. For the purposes of subsection (2) above, an approved co-operative management agreement is an agreement— which is made with the approval of the Secretary of State under section 27 of the Housing Act 1985, either as originally enacted or as substituted by section 10 of the Housing and Planning Act 1986; and under which the body exercising functions of the local housing authority is a society, company or body of trustees approved by the Secretary of State for the purposes of subsection (2) above.
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 provision sets out how an applicant must apply to exercise the right to acquire property from a public sector landlord under section 93. The application must be submitted in the prescribed form directly to the public sector landlord concerned. It must specify and include a plan showing the buildings and property proposed to be acquired under subsection (1) of section 93.
Special rules apply if an application includes a building containing a dwelling-house subject to an approved co-operative management agreement. In those circumstances, the application must specify all buildings containing dwelling-houses covered by that agreement where the landlord holds the fee simple estate. Furthermore, the application cannot specify any building containing dwelling-houses if none of them are subject to that management agreement.
An approved co-operative management agreement is defined as one made with the approval of the Secretary of State under section 27 of the Housing Act 1985 (as originally enacted or substituted by section 10 of the Housing and Planning Act 1986). Under this agreement, the body carrying out local housing authority functions must be a society, company, or body of trustees approved by the Secretary of State under subsection (2).
When it applies
- An applicant prepares a formal plan showing specific estate buildings and land to attach to an acquisition form submitted to a council landlord.
- A housing applicant identifies a block of flats managed under an approved co-operative agreement and lists all related fee simple buildings owned by the public landlord.
- A public sector landlord receives an application form claiming property rights under section 93 and checks whether the attached map correctly delineates the premises.
What this section does not say
- Determining whether an applicant is eligible to exercise acquisition rights in the first place, which is governed under section 93 and related provisions.
- Identifying specific categories of property that are excluded from acquisition rights entirely.
- Calculating the purchase price or valuation of the property proposed for acquisition.
Related sections
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This page reproduces the text of HA 1988 s. 96 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.