Section 181 — Housing Act 2004: Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies

Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies 181 1 In Schedule 5 to the Housing Act 1985 (exceptions to the right to buy) paragraph 11 (single dwelling-house particularly suitable for elderly persons) is amended as follows.

2 In sub-paragraph (4) (questions arising under paragraph 11 to be determined by the Secretary of State), for “the Secretary of State” (in both places) substitute “ the appropriate tribunal or authority ” .

3 After sub-paragraph (5) insert— 5A In this paragraph “ the appropriate tribunal or authority ” means—

a in relation to England, a residential property tribunal;

and b in relation to Wales, the Secretary of State. 5B Section 231 of the Housing Act 2004 (appeals to Upper Tribunal ) does not apply to any decision of a residential property tribunal under this paragraph.

4 Subsections (5) and (6) apply to any application under paragraph 11(4) in respect of a dwelling-house in England which—

a has been made to the Secretary of State before the day on which this section comes into force, and b has not been determined by him before that day.

5 If the application was made more than 28 days before that day, it is to be determined by the Secretary of State as if the amendments made by this section had not come into force.

6 Otherwise—

a the application is to be determined by the appropriate tribunal , and b the Secretary of State must make all such arrangements as he considers necessary for the purpose of, or in connection with, enabling it to be so determined.