Section 222 — Housing Act 2004: Rights of pre-emption in connection with assured tenancies

Rights of pre-emption in connection with assured tenancies 222 1 Section 5 of the Housing Act 1988 (c. 50) (security of tenure for assured tenants) is amended as follows.

2 After subsection (5) (certain obligations etc. of tenant to be unenforceable) insert— 5A Nothing in subsection (5) affects any right of pre-emption—

a which is exercisable by the landlord under a tenancy in circumstances where the tenant indicates his intention to dispose of the whole of his interest under the tenancy, and b in pursuance of which the landlord would be required to pay, in respect of the acquisition of that interest, an amount representing its market value. “ Dispose ” means dispose by assignment or surrender, and “ acquisition ” has a corresponding meaning.

3 The amendment made by subsection (2) does not apply in relation to any right of pre-emption granted before the day on which this section comes into force.