Section 33 — Housing Act 1985: Covenants and conditions which may be imposed.

Covenants and conditions which may be imposed. 33 1 On a disposal under section 32 the local authority may impose such covenants and conditions as they think fit.

2 But , subject to sections 36A and 37, a condition of any of the following kinds may be imposed only with the consent of the Secretary of State—

a a condition limiting the price or premium which may be obtained on a further disposal of a house;

b in the case of a sale, a condition reserving a right of pre-emption;

c in the case of a lease, a condition precluding the lessee from assigning the lease or granting a sub-lease.

3 In subsection (2)(b) a condition reserving a right of pre-emption means a condition precluding the purchaser from selling or leasing the land unless—

a he first notifies the authority of the proposed sale or lease and offers to sell or lease the land to them, and b the authority refuse the offer or fail to accept it within one month after it is made.

4 References in this section to the purchaser or lessee include references to his successors in title and any person deriving title under him or his successors in title.

5 The Secretary of State shall consult the Regulator of Social Housing before deciding whether to consent under this section to anything within the Regulator’s remit.