Chwilio Deddfwriaeth

Housing (Scotland) Act 1987

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Section 61F

 Help about opening options

Version Superseded: 01/03/2011

Status:

Point in time view as at 10/02/2011. This version of this provision has been superseded. Help about Status

Changes to legislation:

Housing (Scotland) Act 1987, Section 61F is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F161FLimitation on right to purchase: new supply social housingS

(1)Section 61 does not apply to a new supply social house.

(2)Subsection (1) does not affect the right of a tenant to purchase a new supply social house under this Part if—

(a)the tenant moved to the new supply social house in pursuance of—

(i)an order for recovery of possession made under section 16(2) of the Housing (Scotland) Act 2001 (asp 10), on any of the grounds set out in paragraphs 9 to 15 of schedule 2 to that Act, in respect of a house subject to a Scottish secure tenancy created before the relevant day; or

(ii)the operation of section 19(3)(b), 21(3)(b) or 22(6) of that Act following termination of a Scottish secure tenancy created before the relevant day;

(b)the tenant moved to the new supply social house from a house subject to a Scottish secure tenancy created before the relevant day in pursuance of a decision by the landlord to demolish that other house as a result of which—

(i)the tenancy of that other house was terminated by written agreement between the landlord and the tenant; and

(ii)the new supply social house was made available to the tenant;

(c)the tenant occupied the new supply social house immediately before the relevant day under a short Scottish secure tenancy which has, since that day, been converted into a Scottish secure tenancy under section 37 of the Housing (Scotland) Act 2001 (asp 10); or

(d)the landlord failed to give the tenant notice (in the prescribed form) of the effect of subsection (1)––

(i)where the landlord acquired the new supply social house from the tenant, at least 7 days before the missives for that acquisition were concluded; or

(ii)in any other case, at least 7 days before the creation of the Scottish secure tenancy to which the new supply social house is subject.

(3)In this section—

  • new supply social house” means a house let under a Scottish secure tenancy created on or after the relevant day which—

    (a)

    was not let under a Scottish secure tenancy on or before 25 June 2008; or

    (b)

    was acquired by the landlord on or after 25 June 2008; and

  • relevant day” means the day on which section 143 of the Housing (Scotland) Act 2010 (asp 17) comes into force.]

Textual Amendments

F1S. 61F inserted (3.1.2011 for specified purposes) by Housing (Scotland) Act 2010 (asp 17), ss. 143, 166(2); S.S.I. 2010/444, art. 2

Modifications etc. (not altering text)

Yn ôl i’r brig

Options/Cymorth

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?