Subject to the provisions of paras 13 - 14 below DVs are authorised to give valuation advice to authorities for all purposes under the Acts. If the property is situated in a National Park or an area of outstanding natural beauty, or an area designated as a rural area see also para 50.
13. Local and other authorities
When the landlord authority employs their own in-house valuer or a valuer in private practice for the purposes of s.127 valuations, the DV may give informal advice, particularly to further co-ordination but care must be taken to ensure that the DV's independence in the s.128 determination role is not prejudiced. Accordingly such advice should be unspecific and confined to general guidance eg by type or by location.
The DV may give valuation advice to an authority, both informal and formal, for the purposes of the Acts. Bearing in mind the need to preserve an independent stance in determination cases, the DV should not be involved in any negotiations.
14. Housing associations/societies or Housing Corporation
DVs are authorised to provide formal advice only to registered housing associations or societies, or the Housing Corporation for RTB valuation purposes.
New tenants of such landlords since 15 January 1989 are no longer secure tenants due to s.35 HA 1988 so that RTB is only extant for tenants who were holding tenancies before that date.
However, the Housing Act 1996 (HA 1996) introduced the Right to Acquire for secure or assured tenants of Registered Social Landlords (housing associations etc). This right is similar to the RTB but less favourable to the tenants.
15. Intervention of Secretary of State
Where tenants of a particular landlord are experiencing difficulty in exercising the Right to Buy effectively and expeditiously the Secretary of State may intervene under s.164 HA 1985 and do all such things as appear to him necessary or expedient to enable secure tenants of the landlord to exercise the Right to Buy.
Should the Secretary of State invoke his powers under s.164 HA 1985, DVs are likely to be asked to provide s.127 valuations. The determination role for DVs under s.128 would remain available to tenants in such circumstances. Special instructions would be issued by CEO(LS) if s.164 were invoked. Any direct approach by DTLR Regional Offices should be cleared with CEO(LS) before being complied with.
