Citation, commencement and application

1. —(1) This Order may be cited as The Housing (Right to Buy)(Information to Secure Tenants)(England) Order 2005 and shall come into force on 26 ^th July 2005.

(2) This Order applies in relation to England only( 2 ).

Interpretation

2. In this Order—

“the Act” means the Housing Act 1985;

“the document” means the document prepared by a landlord in accordance with section 121AA of the Act;

“landlord” means a body which lets dwelling-houses under secure tenancies.

Matters about which information is to be provided to secure tenants

3. The matters set out in the Schedule to this Order are specified for the purposes of section 121AA of the Act.

When the document must be published

4. —(1) A landlord shall publish the document within two months of this Order coming into force.

(2) Where a landlord revises the document under section 121AA(4) of the Act it shall publish the document in its revised form within one month of the revision.

When the document must be supplied

5. —(1) Following publication of the document in accordance with article 4(1) or (2) a landlord shall supply a copy of the document—

(a) as soon as is reasonably practicable to each of its secure tenants at that time; and

(b) to each subsequent new secure tenant at the time he signs his tenancy.

(2) A landlord shall supply each of its secure tenants with a copy of the current version of the document at least once in every period of 5 years beginning with the date on which the document was supplied pursuant to article 5(1)(a).

Article 3

SCHEDULE Matters about which information shall be given to secure tenants

1. An outline of the effect of the provisions of Part 5 of the Act relating to—

(a) the circumstances in which the right to buy can and cannot be exercised;

(b) the exceptions to the right to buy set out in Schedule 5 to the Act;

(c) the procedure for claiming to exercise the right to buy;

(d) the price payable for the dwelling-house by a tenant exercising the right to buy; and

(e) the delay notice procedures for landlords and tenants set out in section 140, 141, 153A and 153B of the Act.

2. —(1) The fact that initial costs are likely to be incurred by a secure tenant exercising the right to buy.

(2) The reference in paragraph (1) to initial costs includes costs in respect of—

(a) stamp duty;

(b) legal and survey fees;

(c) valuation fees and costs associated with taking out a mortgage.

3. —(1) The fact that a secure tenant will be likely to have to make regular payments as an owner of a dwelling-house.

(2) The reference in paragraph (1) to regular payments includes payments in respect of—

(a) any mortgage or charge on the dwelling-house;

(b) building insurance, life assurance, and mortgage payment protection insurance;

(c) council tax;

(d) water, sewerage, gas, electricity, or other utility services.

4. The risk of repossession of the dwelling-house if regular mortgage payments are not made.

5. The fact that in order to keep the property maintained and in good repair an owner of a dwelling-house will be likely to have to incur expenditure which may include payment of service charges in respect of major works.