§ Mr. Dudley Smithasked the Secretary of State for the Environment what is the position of those under retirement age who are occupying accommodation built principally by local authorities for the elderly or the disabled and who now wish to make use of the right-to-buy provisions contained in the Housing Act 1980.
§ Mr. StanleySection 2 of the Housing Act 1980 and part I of schedule 1 to the Act set out the limited circumstances in which the right to buy does not arise. Provisions affecting the disabled and the elderly are contained in paragraphs 3, 4 and 5 of that schedule.
Where the dwelling-house has features which are substantially different from those of ordinary dwelling-houses and which are designed to make it suitable for occupation by physically disabled persons, the right to buy does not arise under paragraph 3 of schedule 1. In this case the ages of the occupants are immaterial.
Where the dwelling-house is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by persons of pensionable age and a social service or special facilities are provided in close proximity to the group of dwelling-houses for the only or main purpose of assisting those persons, then, under paragraph 4 of schedule 1, the right to buy does not arise:.
Under paragraph 5 of the schedule, a landlord may apply to the Secretary of State within six weeks of the right to buy being claimed for a determination that the right to buy does not apply. The Secretary of State is required so to determine if he is satisfied:
- (a) that the dwelling-house is designed or specially adapted for occupation by persons of pensionable age; and
- (b) that it is the practice of the landlord to let it only for occupation by such persons.
In respect of paragraphs 4 and 5 the age of the occupants will be among the material factors in considering whether the right to buy can be exercised.