Section 188: Right of first refusal for landlord etc.

Housing Act 2004 · 2004 c. 34View on legislation.gov.uk

Part 6: Other provisions about housing — Chapter 1: Secure tenancies

After section 156 of the Housing Act 1985 (c. 68) insert—

In section 157 of that Act (restriction on disposal of dwelling-houses in National Parks etc.)—

in subsection (1), after "the conveyance or grant may" insert ;" (subject to section 156A(8) "
in subsection (2), omit ", subject to subsection (4),"; and
omit subsections (4) and (5) (which provide for a landlord's right of first refusal).

In section 158 of that Act (consideration for conveyance or surrender under section 157)—

in the sidenote, for "reconveyance or surrender under section 157" substitute ;" disposal under section 156A "
for subsection (1) substitute—1The consideration for such a disposal as is mentioned in section 156A(4) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the dwelling-house at the time when the offer is made (as determined in accordance with regulations under that section).;
in subsection (2), for "or surrendered" substitute ;" , conveyed, surrendered or assigned "
in subsection (3), for "the landlord accepts the offer," substitute ; and" the offer is accepted in accordance with regulations under section 156A, "
in subsection (4), for "to reconvey or surrender" substitute " (as determined in accordance with regulations under section 156A). "

In section 162 of that Act (exempted disposals which end liability under covenants), after paragraph (a) insert—

The amendments made by this section do not apply in relation to a conveyance of the freehold or grant of a lease in pursuance of Part 5 of that Act if the notice under section 122 of the Act (tenant's notice claiming to exercise right to buy) was served before the day on which this section comes into force.

Accordingly, nothing in this section affects—

the operation of a limitation contained in such a conveyance or grant in accordance with section 157(4) of that Act, or
the operation, in relation to such a limitation, of section 157(6) (so far as it renders a disposal in breach of covenant void) or section 158 (consideration payable) of that Act.

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