Citation and commencement

1. These Regulations may be cited as the Housing (Right to Buy) (Prescribed Form: Right to a Mortgage) Regulations 1992 and shall come into force on 17th August 1992.

Right to mortgage form

2.-(1) Subject to paragraph (2), the form set out in the Schedule to these Regulations, or a form substantially to the same effect, shall be the form of notice used for the purposes of section 134(1) of the Housing Act 1985(2) (tenant's notice claiming to exercise right to a mortgage).

(2) The form shall show the name and address of the person on whom the tenant is required, under that section, to serve the notice.

Revocation

3.-(1) The Housing (Right to Buy) (Prescribed Forms) (No. 2) Regulations 1980(3) are hereby revoked.

(2) Nothing in these Regulations shall affect the validity of any notice served under section 134(1) of the Housing Act 1985 before 17th December 1992 if the notice was in the form prescribed by the Regulations mentioned in paragraph (1).

Regulation 2

SCHEDULE

Form RTB4Notice Claiming The Right To A Mortgage

This notice is for use by those who have the right to buy and who wish to claim the right to a mortgage.

Before completing this notice you will find it useful to read the Government note -�Notice Claiming the Right to a Mortgage: Guidance Notes'. If the note does not accompany this notice you can obtain a copy from your landlord or a Citizens Advice Bureau or by writing to ISCO5, P.O. Box 135, Bradford, West Yorkshire BD9 4HU or, if you live in Wales, to the Welsh Office, Cathays Park, Cardiff, CF1 3NQ.

The notice is divided into two sections. All those sharing the right to buy should complete and sign Section 1. A separate copy of Section 2 should be completed by each person who signs Section 1 if they have income of their own.

IMPORTANT: There is a time limit for the return of this notice. In most cases this means that you could lose your right to a mortgage if you do not complete and return this notice within 3 months of receiving it.

When you have completed this notice, take it or send it by recorded delivery to the lender whose name and address will have been entered by your landlord at the beginning of Section 1. Keep a copy of the completed notice for yourself.

Housing Act 1985: section 134

Section 1

Explanatory Note

(This note is not part of the Regulations)

The right to buy is provided for in Part V of the Housing Act 1985 and secure tenants who have the right to buy can also claim a mortgage from their landlord. These Regulations prescribe the form of notice to be used by secure tenants when claiming the right to a mortgage (regulation 2). This form replaces that prescribed by the Housing (Right to Buy) (Prescribed Forms) Regulations 1980 which are revoked (regulation 3).

A notice claiming the right to a mortgage served before 17th December 1992 is not invalidated by these Regulations if it is in the form required by the 1980 Regulations (regulation 3).