Section 127: Value of dwelling-house.

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

Part V: THE RIGHT TO BUY

The value of a dwelling-house at the relevant time shall be taken to be the price which at that time it would realise if sold on the open market by a willing vendor—

on the assumptions stated for a conveyance in subsection (2) and for a grant in subsection (3), . . .
disregarding any improvements made by any of the persons specified in subsection (4) and any failure by any of those persons to keep the dwelling-house in good internal repair , and
on the assumption that any service charges or improvement contributions payable will not be less than the amounts to be expected in accordance with the estimates contained in the landlord's notice under section 125.

For a conveyance the assumptions are—

that the vendor was selling for an estate in fee simple with vacant possession,
that neither the tenant nor a member of his family residing with him wanted to buy, and
that the dwelling-house was to be conveyed with the same rights and subject to the same burdens as it would be in pursuance of this Part.

For the grant of a lease the assumptions are—

that the vendor was granting a lease with vacant posession for the appropriate term defined in paragraph 12 of Schedule 6 (but subject to sub-paragraph (3) of that paragraph).
that neither the tenant nor a member of his family residing with him wanted to take the lease,
that the ground rent would not exceed £10 per annum or, if the lease would be a regulated lease within the meaning of the Leasehold Reform (Ground Rent) Act 2022, the rent permitted by that Act, and
that the grant was to be made with the same rights and subject to the same burdens as it would be in pursuance of this Part.

The persons referred to in subsection (1)(b) are—

the secure tenant,
any person who under the same tenancy was a secure tenant or an introductory tenantbefore him, and
any member of his family who, immediately before the secure tenancy was granted (or, where an introductory tenancy has become the secure tenancy, immediately before the introductory tenancy was granted), was a secure tenant or, an introductory tenant of the same dwelling-house under another tenancy,

but do not include, in a case where the secure tenant's tenancy has at any time been assigned by virtue of section 92 (assignments by way of exchange), a person who under that tenancy was a secure tenant or an introductory tenant before the assignment.

In this section "introductory tenant" and "introductory tenancy" have the same meaning as in Chapter I of Part V of the Housing Act 1996.

About this text

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.