Section 195: Repayment of discount: periods and amounts applicable

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

Part 6: Other provisions about housing — Chapter 2: Disposals attracting discounts other than under right to buy

Section 35 of the Housing Act 1985 (repayment of discount on early disposal) is amended in accordance with subsections (2) and (3).

In subsection (2) for the words from "to pay to the authority" to the end of the subsection substitute " to the following effect. "

After subsection (2) insert—

The amendments made by this section do not apply in any case where—

the purchaser has accepted an offer for the disposal of the house from the authority, or
the authority has accepted an offer for the disposal of the house from the purchaser,

before the day on which this section comes into force.

Subsection (6), however, applies in any such case if the first relevant disposal by the purchaser to which the covenant for repayment of discount applies takes place on or after the day on which this section comes into force.

In the following provisions—

section 35(2) of the Housing Act 1985 (c. 68) (as it has effect without the amendments made by this section), and
any covenant for repayment of discount,

any reference (however expressed) to a person being liable to pay an amount to the authority on demand is to be read as a reference to his being liable to pay to the authority so much of that amount (if any) as the authority may demand.

In subsections (5) and (6) "covenant for repayment of discount" means the covenant contained in a conveyance, grant or assignment in accordance with section 35 of that Act.

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