Statutory Instruments
2014 No. 1915
Housing
The Housing (Right to Buy) (Maximum Percentage Discount) (England) Order 2014
Made
20th July 2014
Coming into force in accordance with article 1
The Secretary of State for Communities and Local Government makes the following Order in exercise of powers conferred by sections 129(2A) and (2B) of the Housing Act 1985( 1 ) and with the consent of the Treasury.
A draft of this Order was laid before Parliament in accordance with section 129(2B) of the Housing Act 1985 and approved by resolution of each House of Parliament.
Citation, commencement, application and interpretation
1. —(1) This Order may be cited as the Housing (Right to Buy) (Maximum Percentage Discount) (England) Order 2014 and shall come into force on the day after the day on which it is made.
(2) This Order applies to England only( 2 ).
(3) In this Order, a reference to a numbered section is to the section of the Housing Act 1985 bearing that number.
Maximum percentage discount
2. In the case of a house, the maximum percentage discount is 70 per cent.
Transitional Provision
3. —(1) Subject to paragraph (2) this Order also applies where before the date on which the Order comes into force a notice pursuant to section 122 has been served but the conveyance or grant under Part V of the Housing Act 1985 has not yet taken place.
(2) Paragraph (1) does not apply where the tenant has informed the landlord in writing within 21 days of the date on which the Order comes into force that the maximum percentage discount to be used when calculating entitlement to discount pursuant to section 129 should be the maximum percentage discount applicable before the date on which this Order comes into force.
(3) If—
(a) notice under section 125 (“the section 125 notice”) has been served on the tenant on or before the date on which the Order comes into force; and
(b) the tenant is entitled, by virtue of article 2, to a higher percentage discount under section 129(2)(a) than that specified in the notice,
the landlord must, as soon as is reasonably practicable, revise and serve an amended section 125 notice which includes the higher percentage discount.
(4) Where section 136 applies any notice under paragraph (2) given by the former tenant shall not have effect.
Signed by authority of the Secretary of State for Communities and Local Government
Brandon Lewis
Minister of State
Department for Communities and Local Government
20th July 2014
The National Assembly for Wales was given legislative competence in relation to the disposal of land to which Part 5 of the Housing Act 1985 applies by the National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010 ( S.I. 2010/1838 ).