11.—(1) Subject to sub-paragraphs (2) and (3) this paragraph applies to a tenancy—
(a)in respect of a dwelling comprised in land which has been disposed of under section 32 of the Housing Act 1985(1) or section 12 of the Housing (Scotland) Act 1987(2);
(b)in respect of a dwelling comprised in land which has been disposed of with the consent required by section 43 of the Housing Act 1985(3) or section 12 of the Housing (Scotland) Act 1987;
(c)in respect of which the fee simple estate has been acquired, under the right conferred by Chapter 2 of Part 1 of the Housing Act 1996(4), otherwise than from a housing action trust within the meaning of Part 3 of the Housing Act 1988, or in respect of which the house has been acquired under the right conferred by Part 3 of the Housing (Scotland) Act 1988; or
(d)in respect of a dwelling disposed of under the New Towns (Transfer of Housing Stock) Regulations 1990(5) to a person who is an approved person for the purposes of disposal under those Regulations or in respect of a dwelling disposed of pursuant to powers contained in the New Towns (Scotland) Act 1968(6) to a housing association.
(2) This paragraph shall not apply to a tenancy to which sub-paragraph (1) refers if—
(a)there has been an increase in rent since the disposal or acquisition, as the case may be, occurred; and
(b)the local authority stated in the application for determination that—
(i)the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependant of his and any person paying rent to him); or
(ii)the rent payable for that dwelling is unreasonably high.
(3) Where the disposal or acquisition, as the case may be, took place on or after 7th October 2002, sub-paragraph (2)(b) shall apply to a tenancy to which sub-paragraph (1) refers as if head (i) were omitted.
1985 c. 68; section 32 was amended by section 140 of and Schedule 7 to the Housing Act 1988 (c. 50); section 227 of and Schedule 19 to the Housing Act 1996 (c. 52) and S.I. 1997/74.
1985 c. 68; section 43 was amended by section 132 and 140 of and Schedule 17 to the Housing Act 1988 (c. 50); section 194 of and Schedule 12 to the Local Government and Housing Act 1989 (c. 42); section 78 of and Schedule 10 to the Environment Act 1995 (c. 25) and section 227 of and Schedule 9 to the Housing Act 1996.
S.I. 1990/1700; amended by S.I. 1990/2366 and 1991/1281.
1968 c. 16. Relevant amendments are contained in the Enterprise and New Towns (Scotland) Act 1990 (c. 35) section 33.