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Section 138: - Duty of landlord to convey freehold or grant lease.

Housing Act 1985 · 1985 c. 68View on legislation.gov.uk

Part V: THE RIGHT TO BUY

If the tenant has failed to pay the rent or any other payment due from him as a tenant for a period of four weeks after it has been lawfully demanded from him, the landlord is not bound to comply with subsection (1) while the whole or part of that payment remains outstanding.

Subsection (2B) applies if an application is pending before any court—

for a demotion order , Ground 2 or 2ZA possession order or section 84A possession order to be made in respect of the tenant, or
for a suspension order to be made in respect of the tenancy.

The landlord is not bound to comply with subsection (1) until such time (if any) as the application is determined without—

a demotion order , an operative Ground 2 or 2ZA possession order or an operative section 84A possession order being made in respect of the tenant, or
a suspension order being made in respect of the tenancy,

or the application is withdrawn.

For the purposes of subsection (2A) and (2B)—

Subsection (1) has effect subject to section 121A(5) (disapplication of subsection (1) where suspension order is made).

Subsection (1) also has effect subject to—

section 138A(2) (operation of subsection (1) suspended while initial demolition notice is in force), and
section 138B(2) (subsection (1) disapplied where final demolition notice is served).

The duty imposed on the landlord by subsection (1) is enforceable by injunction.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.