Q&As

Is there any statutory authority which allows a council to include a covenant in a freehold transfer of part requiring the council's (as transferee) consent prior to making structural alterations to a property being sold under the right to buy?

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Published on LexisPSL on 15/04/2020

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Is there any statutory authority which allows a council to include a covenant in a freehold transfer of part requiring the council's (as transferee) consent prior to making structural alterations to a property being sold under the right to buy?

The statutory authority which may be considered in this scenario is the Housing Act 1985 (HA 1985). This act explains what clauses can be included in a Right to Buy (RTB) transfer. HA 1985, ss 139, 151, and in particular HA 1985, Sch 6, Pt I, para 5, state that:

‘Subject to paragraph 6, and to Parts II and III of this Schedule, the conveyance or grant may include such [other covenants] and conditions as are reasonable in the circumstances.’

This applies as long as no charge is made for the landlord's consent

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