SDLTM27020 - Reliefs: Right to buy transactions, shared ownership leases etc: Conditions the shared ownership lease must fulfil FA03/SCH9/PARA2 & PARA 4

The term “shared ownership lease” is not defined in SDLT legislation. However, in order to benefit from the special treatment for shared ownership leases under FA03/SCH9 the lease must meet all of the following general conditions.

The lease must be granted either by a qualifying body or in pursuance of a preserved right to buy.

Qualifying bodies are

• a local housing authority
• a housing association
• a housing action trust
• the Northern Ireland Housing Executive
• the Homes and Communities Agency
• the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions
• a development corporation established by an order made, or having effect as if made, under the New Towns Act 1981 (c64).
• a private registered provider of social housing that is not a housing association.

A lease is granted in pursuance of a preserved right to buy where

• the lessor is a person against whom the right to buy (under Part 5 of the Housing Act 1985) is exercisable by virtue of section 171A of that Act
• the lessee is (or lessees are) the qualifying person(s) for the purposes of the preserved right to buy and
• the lease is of a dwelling that is the qualifying dwelling-house in relation to the lessee.

The lease must be of a dwelling and must give the lessee (or lessees) exclusive use of the dwelling.

Further conditions apply to shared ownership leases, depending on the detailed terms of the lease: see SDLTM27030