Landlord and Tenant (Ground Rents) (No. 2) Act, 1978
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PART IV Miscellaneous | ||
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Acquisition of fee simple from housing authority. [New] |
26.—(1) Where a housing authority have leased to a tenant a dwelling provided by them under statutory authority, the tenant shall be entitled to acquire from them the fee simple in the dwelling subject to the provisions of this section. | |
(2) The terms and conditions specified in the instrument by which the lease was effected (other than a condition for the payment of rent) shall continue to apply in relation to the dwelling for the period of twenty-five years from the date of the lease or for the period during which any part of the purchase price of the leasehold interest remains unpaid, whichever is the greater. | ||
(3) Where the rent reserved by the lease contains an element in respect of the repayment of the purchase price of the leasehold interest, the housing authority shall certify the amount of the purchase price and the amount of the rent attributable to the repayment of that amount, and the amount of such purchase price shall stand charged on the property from the date of acquisition of the fee simple. | ||
(4) Where a housing authority have leased a dwelling provided by them under statutory authority, to a person other than a tenant thereof, the lessee shall be entitled to acquire from them the fee simple in the dwelling and any condition specified in the instrument by which the lease was effected in respect of the repayment of the purchase price of the leasehold interest or in respect of the refund of a subsidy shall attach to the fee simple. | ||
(5) The purchase price of the fee simple shall not exceed the amount provided for under section 17 (3) taking the rent referred to in that subsection as being the amount thereof less any amount attributable to the repayment of the purchase price of the leasehold interest. | ||
(6) Every term and condition attaching to the grant of the fee simple pursuant to this section shall be binding upon the purchaser thereof, his personal representatives and successors in title. | ||
(7) A vesting of the fee simple under this section shall be effected by a transfer order under section 90 of the Housing Act, 1966 . | ||
(8) The fee to be taken by a housing authority for the issue of a transfer order pursuant to this section shall be £5. | ||
(9) Where a housing authority has not the fee simple in any land on which it has provided dwellings under statutory authority, the authority shall be entitled to acquire the fee simple and for that purpose the provisions of Part II shall apply to the authority. | ||
(10) In this section “statutory authority” shall be construed as including the Housing Act, 1966 , and any Act repealed by that Act. | ||
(11) In this section references to a lease are to the grant of a leasehold interest in consideration of a purchase price. |