Part 11Change of landlord: secure tenants

I1127Eligible houses

1

An eligible house is a house (other than an exempt house) which is—

a

owned by a local authority landlord, and

b

occupied by a qualifying tenant.

2

A “qualifying tenant” is a tenant under a Scottish secure tenancy (other than a tenancy in respect of which an order for recovery of possession has been granted under section 16(2) of the Housing (Scotland) Act 2001 (asp 10)).

3

An exempt house is a house—

a

which is one of a group which has been provided with facilities (including a call system and the services of a warden) specially designed or adapted for the needs of persons of pensionable age or disabled persons,

b

which has facilities which are substantially different from those of an ordinary house and has been designed or adapted for occupation by a person of pensionable age or a disabled person whose special needs require accommodation of the kind provided by the house, or

c

which falls within subsection (4).

4

A house falls within this subsection if—

a

it is held by Orkney Islands Council, Shetland Islands Council or Comhairle nan Eilean Sar for the purposes of its functions as an education authority and is required for the accommodation of a person who is or will be employed by the council for those purposes, and

b

the council concerned is not likely to be able reasonably to provide other suitable accommodation for that person.