HC Deb 27 June 1988 vol 136 cc151-2

'(1) In Part V of the Housing Act 1985 (the right to buy), section 157 (restriction on disposal of dwelling-houses in National Parks etc.) shall be amended in accordance with this section. (2) In subsection (2) (the covenanted limitation) after the word "his" there shall be inserted "a" and at the end there shall be added "and—

  1. (b) there will be no disposal by way of tenancy or licence without the written consent of the landlord unless the disposal is to a person satisfying that condition".
(3) In subsection (3) (disposals limited to persons employed or living locally) after the words "application for consent" there shall be inserted the words "or, in the case of a disposal by way of tenancy or licence, preceding the disposal". (4) In subsection (4) (alternative limitation giving landlord right to a reconveyance) after the words "relevant disposal" there shall be inserted "or disposal by way of tenancy or licence". (5) At the end of subsection (6) (disposals in breach of covenant to be void) there shall be added "and, so far as it relates to disposals by way of tenancy or licence, such a covenant may be enforced by the landlord as if—
  1. (a) the landlord were possessed of land adjacent to the house concerned; and
  2. (b) the covenant were expressed to be made for the benefit of such adjacent land.".
 (6) After subsection (6) there shall be inserted the following subsection— (6A) Any reference in the preceding provisions of this section to a disposal by way of tenancy or licence does not include a reference to a relevant disposal or an exempted disposal.". (7) This section has effect where the conveyance or grant referred to in subsection (1) of section 157 is executed on or after the passing of this Act.'.—[Mr. Jopling.]

Brought up, and read the First and Second time.

Amendment made: (a) in line 26, at end add— `(8) The limitation on disposal in subsection (2)(b) shall not apply if and so long as the house remains the only or main residence of the purchaser (including any successor in title of his and any person deeming title for him or such a successor). (9) in this section the words "only or main residence" shall have the same meaning as in section 29 of the Finance Act 1965.'.—[Mr. Maxwell-Hyslop.]

Clause, as amended, ordered to stand part of the Bill.

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