Abolition of the Right to Buy and Associated Rights (Wales) Act 2018

Document Number:2018 anaw 1
 
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An Act of the National Assembly for Wales to make provision for the abolition of the right to buy, the right to acquire and associated rights; and for connected purposes.

Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:

1 Overview

(1) This section gives an overview of the main provisions of this Act.

(2) Section 2 restricts the exercise of the right to buy pending its abolition (for which see section 6); and section 3 provides for exceptions to that restriction.

(3) Section 4 restricts the exercise of the right to acquire pending its abolition (for which see section 6); and section 5 provides for an exception to that restriction.

(4) Section 6 provides for the right to buy and the right to acquire to cease to exist in Wales.

(5) Section 7 removes the Welsh Ministers’ power to make grants to registered social landlords, and private registered providers of social housing, in respect of discounts given to tenants who purchase their dwellings.

(6) Section 8—

(a) requires the Welsh Ministers to provide landlords and other interested persons with information about changes to the law made by this Act, and

(b) requires landlords to inform their tenants about those changes.

(7) Sections 9 , 10 , 11 and 12 contain general provisions about the Act; the effect of section 11 is that—

(a) section 8 (provision of information) comes into force on Royal Assent,

(b) sections 2 to 5 (restricting the exercise of rights) come into force two months after Royal Assent, and

(c) sections 6 and 7 (abolition of rights etc.) may be brought into force by an order made by statutory instrument no earlier than twelve months after Royal Assent.

Restriction on exercising the right to buy and the right to acquire

2 Restriction on exercising the right to buy

(1) The Housing Act 1985 (c. 68) is amended as follows.

(2) After section 121 (circumstances in which the the right to buy cannot be exercised) , insert⁠—

“121 ZARestriction on exercising the right to buy in Wales

(1) The right to buy cannot be exercised in respect of a dwelling-house in Wales unless—

(a) the dwelling-house is from previously let social housing stock, or

(b) any of the cases specified in section 121 ZB applies, or has applied, in respect of the dwelling-house.

(2) For the purposes of this Part—

(a) a dwelling-house is from previously let social housing stock if, at any time during the period of six months ending with the relevant date, it has been—

(i) let under a secure tenancy,

(ii) let under an introductory tenancy (within the meaning given by Chapter 1 of Part 5 of the Housing Act 1996 (c. 52)) ,

(iii) let under a demoted tenancy (within the meaning given by section 143 A of the Housing Act 1996) , or

(iv) a qualifying dwelling-house in relation to the preserved right to buy (see section 171 B);

(b)“relevant date” means the day on which section 2 of the Abolition of the Right to Buy and Associated Rights (Wales) Act 2017 comes into force.

(3) This section does not affect the computation of any period under Schedule 4.”

(3) In section 171 B (extent of the preserved right to buy) , after subsection (6) , insert—

“(7) Nothing in subsection (6) gives a person the right to exercise the preserved right to buy in respect of a dwelling-house in Wales unless⁠—

(a) the dwelling-house is from previously let social housing stock (see section 121 ZA) , or

(b) any of the cases specified in section 121 ZB applies, or has applied, in respect of the dwelling-house.”

3 Exceptions to the restriction on exercising the right to buy

(1) The Housing Act 1985 (c. 68) is amended as follows.

(2) After section 121 ZA (restriction on exercising the right to buy in Wales) , insert—

“121 ZBExceptions to restriction on exercising the right to buy in Wales

(1) The first case applies in respect of a dwelling-house (the “exempted dwelling”) if—

(a) after the relevant date, the court orders a person who has the right to buy to give up possession of a dwelling-house,

(b) the order is made on any of the grounds set out in Parts 2 or 3 of Schedule 2 ,

(c) the person becomes the tenant of the exempted dwelling, and

(d) the exempted dwelling is suitable alternative accommodation for the purposes of the order.

(2) The second case applies in respect of a dwelling-house (the “exempted dwelling”) if—

(a) after the relevant date, the court orders a person who has the preserved right to buy (see section 171 B) to give up possession of a dwelling-house,

(b) the order is made—

(i) on Ground 9 in Schedule 2 to the Housing Act 1988 (c. 50) (possession of dwelling-house let under assured tenancy on grounds that there is suitable alternative accommodation) , or

(ii) in pursuance of section 98(1)(a) of the Rent Act 1977 (c. 42) (limitation on recovery of possession of dwelling-houses let under certain tenancies) ,

(c) the person becomes the tenant of the exempted dwelling, and

(d) the exempted dwelling is suitable alternative accommodation for the purposes of the order.

(3) The third case applies in respect of a dwelling-house (the “exempted dwelling”) if—

(a) the exempted dwelling has, at some time during the period of six months ending with the relevant date, been let by a registered social landlord or a private registered provider of social housing under an assured tenancy (other than a long tenancy) ,

(b) after the relevant date, a person having the preserved right to buy in respect of another dwelling-house (“the relevant dwelling-house”) becomes the tenant of the exempted dwelling, and

(c) the exempted dwelling becomes the relevant dwelling-house for the purposes of section 171 B(6).

(4) The Welsh Ministers may, by regulations made by statutory instrument, amend this section by adding additional cases.

(5) Regulations under subsection...

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