§ Mr. PatnickTo ask the Secretary of State for the Environment what his policy will be in relation to requests for his consent under sections 105 and 133 of the Housing Act 1988 to sales of transferred property by a mortgagee or chargee in possession.
§ Mr. TrippierSubject to certain exceptions (notably sales under the right to buy), sections 105 and 133 of the Housing Act 1988 require my consent to be obtained before property which has been transferred by local authorities under section 32 or 43 of the Housing Act 1985 or by public sector landlords under part IV of the 1988 Act ("tenants' choice") may be disposed of by its new owners.
We understand that some prospective acquirers of property under these powers have it in mind to apply, at the time when a mortgage or other charge is granted on transferred property as security for a loan, for my consent 650W to subsequent disposals should certain defined circumstances arise. My right hon. Friend will, of course, consider all applications for consent under sections 105 and 133 on their merits. Subject to that, however, my right hon. Friend will be prepared in principle to consider sympathetically applications at the time when such mortgages and charges are to be granted for my consent under either section 105 or section 133 to subsequent disposals of transferred dwellings by named mortgagees and chargees in the exercise of a power of sale, provided:
that the dwellings to be disposed of are vacant when the power of sale is exercised;that the sales are to individuals intending to use the dwellings as their only or principal homes; that the sales are at the best price that can reasonably be obtained; and that the sales are by the mortgagee or chargee in exercise of the power of sale contained in the original mortgage or charge.