HL Deb 04 November 1986 vol 481 cc1025-6

1 Before Clause 1, insert the following new clause: "Exception to the right to buy with respect to dwelling-houses for persons of pensionable age. .—In Schedule 5 to the Housing Act 1985 (exceptions to the right to buy: certain dwelling-houses for persons of pensionable age), there shall be substituted for paragraph 11— 11.—(1) The right to buy does not arise if the dwelling-house—

  1. (a) is particularly suitable for occupation by persons of pensionable age, having regard—
    1. (i) to its location, and
    2. (ii) to its size, design, heating system and other major features so far as those have been provided by the landlord, a predecessor of the tenant or a person qualified to succeed the tenant by virtue of Part IV of the Housing Act 1985.
  2. (b) was let to the tenant or a predecessor in title of his for occupation by a person of pensionable age or a physically disabled person (whether the tenant or predecessor or another person).
(2) In determining whether a dwelling is particularly suitable, regard shall be had as to whether the dwelling—
  1. (a) is easily accessible on foot;
  2. (b) is on one level;
  3. (c) being a flat located above ground floor access by lift is available;
  4. (d) has no more than two bedrooms;
  5. (e) has a heating system serving the living room and at least one bedroom.".".

The Commons disagreed to the above amendment but proposed the following amendment in lieu thereof:

2 Before Clause 1. insert the following new clause: "Exception to the right to buy in case of certain dwelling-houses for persons of pensionable age. —In Schedule 5 to the Housing Act 1985 (exceptions to the right to buy),for paragraph 11 (certain dwelling-houses for persons of pensionable age) substitute— 11.—(1) The right to buy does not arise if the Secretary of State has determined on the application of the landlord, that it is not to be capable of being exercised with respect to the dwelling-house. (2) The Secretary of State shall so determine if, and only if, he is satisfied that the dwelling-house—

  1. (a) is particularly suitable, having regard to its location, size, design, heating system and other features, for occupation by persons of pensionable age, and
  2. (b) was let to the tenant or a predecessor in title of his for occupation by a person of pensionable age or a physically disabled person (whether the tenant or predecessor or another person).
(3) The Secretary of State shall for the purposes of this paragraph disregard the presence of any feature provided by the tenant or a predecessor in title of his. (4) A dwelling-house which the Secretary of State is satisfied has the following features shall, subject to sub-paragraph (3), be taken for the purposes of this paragraph to be particularly suitable for occupation by persons of pensionable age. (5) Those features are—
  1. (a) easy access on foot to the dwelling-house, including in the case of a flat above or below ground-floor level access by lift to the level of the dwelling-house;
  2. (b) accommodation on one level;
  3. (c) no more than two bedrooms;
  4. (d) suitable heating arrangements for at least the living room and one bedroom;
  5. (e) reasonably convenient location in relation to shops and public transport.
 (6) The Secretary of State may by order vary the list of features in sub-paragraph (5) by adding or deleting features or amending the description of any listed feature; and an order may contain such transitional provision as appears to the Secretary of State to be appropriate. (7) An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (8) An application for a determination under this paragraph shall be made within the period for service of the landlord's notice under section 124 (notice admitting or denying right to buy).". (2) The above amendment applies to any decision made by the Secretary of State after the commencement of this section, notwithstanding that the tenant's notice claiming the right to buy was served, or the application for a determination was made, before commencement.'.