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Section 171C: Modifications of this Part in relation to preserved right.

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

Part V: THE RIGHT TO BUY

Where the right to buy is preserved, the provisions of this Part have effect subject to such exceptions, adaptations and other modifications as may be prescribed by regulations made by the Secretary of State.

The regulations may in particular provide—

that paragraphs 1, 3 and 5 to 11 of Schedule 5 (certain exceptions to the right to buy) do not apply;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
that the provisions of this Part relating to the right to acquire on rent to mortgage terms do not apply; and
that the landlord is not required to but may include a covenant for the repayment of discount, provided its terms are no more onerous than those of the covenant provided for in section 155.

The prescribed exceptions, adaptations and other modifications shall take the form of textual amendments of the provisions of this Part as they apply in cases where the right to buy is preserved; and the first regulations, and any subsequent consolidating regulations, shall set out the provisions of this Part as they so apply.

The regulations—

may make different provision for different cases or descriptions of case, including different provision for different areas,
may contain such incidental, supplementary and transitional provisions as the Secretary of State considers appropriate, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The disapplication by the regulations of paragraph 1 of Schedule 5 shall not be taken to authorise any action on the part of a charity which would conflict with the trusts of the charity.

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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.