housing act 1985
📖 What is housing act 1985? Meaning and definition
The Housing Act 1985 is a significant Act of Parliament in the UK, particularly known for establishing and governing the 'Right to Buy' scheme. This scheme grants certain tenants of local authorities and housing associations the right to purchase the home they rent at a discounted price. However, the Act also includes specific exceptions where this right to buy can be denied by the landlord.
One such exception, as highlighted in the provided case excerpts, is found in Paragraph 11 of Schedule 5 to the Housing Act 1985. This paragraph allows a landlord to deny the Right to Buy if the property is deemed 'particularly suitable for occupation by an elderly person' and was let to the tenant for occupation by someone aged 60 or more. This exception aims to protect housing stock specifically designed or adapted for older residents.
In practice, if a landlord denies a tenant's Right to Buy application based on this exception, the tenant can apply to the First-tier Tribunal Property Chamber (Residential Property) to determine whether the exception applies. The Tribunal will assess whether the property meets the criteria of being particularly suitable for an elderly person, considering factors like its characteristics, accommodation, and location, as well as the age of the tenant at the time of the first letting.
The Tribunal's decision will determine whether the landlord is entitled to rely on Paragraph 11, Schedule 5 of the Act to deny the Right to Buy. If the Tribunal finds that the property does indeed meet the exception's requirements, the tenant's application to buy the property will be dismissed.
📋 Requirements
- The property must be particularly suitable for occupation by an elderly person.
- The property must have been let to the tenant for occupation by a person aged 60 or more.
- The requirements regarding the date of the first letting and the age of the tenants must be met.
📝 Procedure
- Tenant gives notice to the landlord of their wish to buy the property under the Act.
- Landlord denies the Right to Buy, citing an exception (e.g., Paragraph 11 of Schedule 5).
- Tenant makes an application to the First-tier Tribunal Property Chamber (Residential Property).
- The Tribunal determines whether the exception to the Right to Buy applies to the property.
- The Tribunal issues a decision on whether the landlord is entitled to deny the Right to Buy.
💡 Examples
- A tenant living in a bungalow specifically designed with accessibility features for older residents might be denied the Right to Buy under the Housing Act 1985 if the property was let to them when they were over 60.
- A local council could rely on the Housing Act 1985 to refuse a Right to Buy application for a flat in a sheltered housing complex, arguing it is particularly suitable for elderly persons.
- If a tenant aged 65 applied to buy their council property, and the property was a ground-floor flat with grab rails and an alarm system, the council might deny the Right to Buy under Schedule 5, Paragraph 11 of the Act.
- A couple in their 70s living in a purpose-built retirement property might find their Right to Buy application dismissed by the Tribunal based on the Housing Act 1985's exception for elderly-suitable properties.
📚 Legal basis
- Housing Act 1985
❓ Frequently asked questions
What is the 'Right to Buy' scheme?
The 'Right to Buy' scheme, established by the Housing Act 1985, allows eligible tenants of council homes and some housing associations to purchase their rented property at a discount.
Can a landlord always deny the Right to Buy if the property is for elderly people?
A landlord can deny the Right to Buy if the property is particularly suitable for occupation by an elderly person AND was let to the tenant for occupation by someone aged 60 or more, as per Paragraph 11 of Schedule 5 to the Housing Act 1985.
What happens if my Right to Buy application is denied under the Housing Act 1985?
If your Right to Buy application is denied, you can apply to the First-tier Tribunal Property Chamber (Residential Property) to determine whether the landlord's reason for denial, such as the elderly suitability exception, is valid.
How does the Tribunal decide if a property is 'particularly suitable for occupation by an elderly person'?
The Tribunal will assess the property's characteristics, accommodation, and location, as well as the age of the tenant at the time of the first letting, to determine if it meets the criteria in Paragraph 11, Schedule 5 of the Housing Act 1985.
Does the Housing Act 1985 only cover the Right to Buy?
While the provided excerpts focus on the Right to Buy provisions, particularly exceptions related to properties suitable for elderly persons, the Housing Act 1985 is a comprehensive piece of legislation covering various aspects of housing law in the UK.
Where can I find more information about the Housing Act 1985?
You can find the full text of the Housing Act 1985 on government legal websites. For specific advice on your situation, it is recommended to consult with a qualified solicitor specialising in housing law.