- Latest available (Revised)
- Point in Time (07/10/2011)
- Original (As enacted)
Housing (Scotland) Act 2010
You are here:
- Acts of the Scottish Parliament
- 2010 asp 17
- Part 11
- Section 130
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 130
No versions valid at: 07/10/2011
Alternative versions:
- 01/04/2012- Amendment
- 07/10/2011
Point in time
Status:
Point in time view as at 07/10/2011. This version of this provision is not valid for this point in time.
Status
Not valid for this point in time generally means that a provision was not in force for the point in time you have selected to view it on.
Changes to legislation:
There are currently no known outstanding effects for the Housing (Scotland) Act 2010, Section 130.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Valid from 01/04/2012
130Market value of eligible houseS
This section has no associated Explanatory Notes
(1)It is for the local authority landlord to instruct either of the following to determine the market value of an eligible house—
(a)the district valuer, or
(b)a qualified valuer nominated by the local authority landlord and accepted by the applicant.
(2)In determining the market value of an eligible house, the valuer must have regard to the price which the house would realise if sold on the open market by a willing seller, with the following assumptions—
(a)that it was sold on the day on which the application to acquire the house was made,
(b)that it was sold subject to the tenancy held by the qualifying tenant but otherwise with vacant possession,
(c)that it was to be conveyed with the same right and subject to the same burdens as would apply to an acquisition under this Part,
(d)that the only prospective acquirers were the persons who were approved persons on the date on which the application was made, and
(e)that the applicant would, within a reasonable period, carry out such works as are reasonably necessary to put the house into the state of repair required by the local authority landlord's repairing obligations.
(3)Where a valuer determines that the house would not realise any price if offered for sale in accordance with subsection (2) that price may be taken to be—
(a)a negative value equal to the amount which would require to be paid to an approved person in order that the approved person would willingly acquire the house, or
(b)where an approved person would willingly acquire the house for no consideration, nil,
and the house's market value may accordingly be determined to be a negative value or nil.
(4)Where market value is determined to be a negative value or nil—
(a)the reference in section 129 to selling the house is to be read as a reference to disposing of it, and
(b)where the market value is determined to be a negative value, the obligation to pay falls on the local authority landlord.
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.