Housing (Miscellaneous Provisions) Act 2009

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Affordable dwelling purchase arrangements.

83.— (1) A housing authority may, in accordance with this Part and the Housing Acts 1966 to 2004 and subject to such regulations as may be made under section 95 , enter into an arrangement (in this Part referred to as an “ affordable dwelling purchase arrangement ”) for the sale of an affordable dwelling under this Part to an eligible household in accordance with a scheme of priority.

(2) The arrangements referred to in subsection (1) are as follows:

(a) in the case of an affordable dwelling which is the subject of a direct sales agreement, in consideration of the receipt of the purchase money specified in the agreement, the dwelling may be sold to an eligible household in accordance with and subject to the terms and conditions specified in subsection (3), the terms and conditions of a charging order and such other terms and conditions as may be prescribed for the purposes of affordable dwelling purchase arrangements;

(b) in the case of an affordable dwelling referred to in section 82 (a), (b), or (c), in consideration of the receipt by the housing authority of the purchase money, the housing authority shall transfer its ownership in the dwelling by means of an order (in this Part referred to as a “ transfer order ”), in the prescribed form, made by the housing authority which shall be expressed and shall operate to vest, on the date specified in the transfer order, the interest specified in the order, in accordance with and subject to the terms and conditions specified in subsection (3), the terms and conditions of a charging order and such other terms and conditions as may be prescribed for the purposes of affordable dwelling purchase arrangements;

(c) in the case of an open market dwelling, the provision by the housing authority of financial assistance under section 81 to an eligible household to purchase the dwelling subject to the terms and conditions specified in subsection (3), the terms and conditions of a charging order and such other terms and conditions as may be prescribed for the purposes of affordable dwelling purchase arrangements.

(3) The terms and conditions referred to in subsection (2)—

(a) shall include the following:

(i) that where the purchaser sells the dwelling during the charged period, the purchaser shall pay to the housing authority an amount calculated in accordance with section 90 ;

(ii) that the dwelling shall, during the charged period, unless the housing authority gives its prior written consent, be occupied as the normal place of residence of the purchaser or of a member of the purchaser’s household;

(iii) that the dwelling or any part thereof shall not, during the charged period, without the prior written consent of the housing authority, be let or sublet;

(iv) terms and conditions relating to the making of payments under section 87 , 89 or 90 , as the case may be, and the consequences for the purchaser of failure to make those payments,

and

(b) may include the following:

(i) that the dwelling or any part thereof shall not, during the charged period, without the prior written consent of the housing authority, be sold, assigned or otherwise disposed of or mortgaged, charged or alienated, otherwise than by devise or operation of the law;

(ii) terms and conditions relating to the payment by the eligible household of a deposit of such amount as may be prescribed under section 95 (1) (e) (ii).

(4) Save as provided for by any other enactment or regulations made thereunder, the sale of a dwelling under an affordable dwelling purchase arrangement referred to in subsection (2) (a) shall not imply any warranty on the part of the housing authority concerned in relation to the state of repair or condition of the dwelling or its fitness for human habitation.

(5) Section 211 (2) of the Planning and Development Act 2000 and section 183 of the Local Government Act 2001 shall not apply to the sale of a dwelling to an eligible household under an affordable dwelling purchase arrangement.

(6) Nothing in this Part shall preclude a housing authority from making a loan under section 11 of the Act of 1992 to an eligible household for any of the purposes of this Part.