Housing (Miscellaneous Provisions) Act 2009

Control on resale of dwelling purchased under affordable dwelling purchase arrangement.

90.— (1) Where, before the expiration of the charged period, a purchaser resells a dwelling which is subject to a charging order which has not been discharged, the purchaser shall pay to the housing authority an amount equal to a percentage of the market value, such percentage being the equivalent of the amount of the charge outstanding under the charging order.

(2) Where material improvements have been made to a dwelling referred to in subsection (1), the purchaser shall pay to the housing authority an amount equal to that proportion of the net market value of the dwelling as corresponds to the amount of the charge outstanding under the charging order.

(3) (a) Subject to paragraph (b), where a purchaser resells a dwelling which is subject to a charging order which has expired and in respect of which the amount referred to in section 89 (1) or (2), as appropriate, has not been paid in accordance with that section, section 91 applies.

(b) No account shall be taken of any material improvements made to the dwelling after the expiration of the charged period.