- Latest available (Revised)
- Point in Time (10/02/2011)
- Original (As enacted)
No versions valid at: 10/02/2011
Point in time view as at 10/02/2011. This version of this provision is not valid for this point in time.
There are currently no known outstanding effects for the Housing (Scotland) Act 2010, Section 131.
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
(1)An offer to sell—
(a)must include such conditions as are needed to entitle the applicant to receive a good and marketable title to the house, and
(b)may be subject to such other conditions as are reasonable.
(2)But such other conditions—
(a)must not reduce the tenant's enjoyment and use of the house as tenant of the applicant from that which the tenant had as tenant of the local authority landlord,
(b)must not require the applicant or the tenant to pay any of the local authority landlord's expenses, and
(c)must not impose a new charge, or increase an existing charge, for the provision of a service in relation to the house unless that charge is in reasonable proportion to the cost to the local authority landlord of providing the service.
(3)An applicant who—
(a)considers that a condition contained in the offer to sell is unreasonable, or
(b)wishes to have a new condition included in the offer to sell,
may request the local authority landlord to amend the offer to sell accordingly.
(4)Such a request—
(a)is to be given by serving notice on the local authority landlord, and
(b)must be made within 1 month of the offer to sell being made.
(5)The local authority landlord must, within 1 month of such a request being made—
(a)agree to the request and make an accordingly amended offer to sell to the applicant, or
(b)refuse the request by notifying the applicant accordingly.
(6)If a local authority landlord—
(a)refuses a request, or
(b)fails to comply with subsection (5),
the applicant may refer the matter to the Lands Tribunal.
(7)Such a reference must be made within 1 month of the refusal or, as the case may be, of the expiry of the period referred to in subsection (5).
(8)The Lands Tribunal may determine such a reference by—
(a)upholding a condition,
(b)striking out or modifying a condition, or
(c)inserting a new condition.
(9)Where a Lands Tribunal determination results in a modification of the offer to sell, it must order the local authority landlord to make to the applicant an amended offer to sell (amended in accordance with the determination) within 2 months of the determination.
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.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: