Housing (Scotland) Act 1987

19 Admission to housing list. S

(1) In considering whether an applicant for local authority housing is entitled to be admitted to a housing list, a local authority shall take no account of—

(a) the age of the applicant provided that he has attained the age of 16 years; or

(b) the income of the applicant and his family; or

(c) whether, or to what value, the applicant or any of his family owns or has owned (or any of them own or have owned) heritable or moveable property; or

(d) any outstanding liability (for payment of rent or otherwise) attributable to the tenancy of any house of which the applicant is not, and was not when the liability accrued, a tenant; or

(e) whether the applicant is living with, or in the same house as—

(i) his spouse; or

(ii) a person with whom he has been living as husband and wife.

(2) Where an applicant—

(a) is employed in the area of the local authority; or

(b) has been offered employment in the area of the local authority; or

(c) wishes to move into the area of the local authority and the local authority is satisfied that his purpose in doing so is to seek employment; or

(d) has attained the age of 60 years and wishes to move into the area of the local authority to be near a younger relative; or

(e) has special social or medical reasons for requiring to be housed within the area of the local authority,

admission to a housing list shall not depend on the applicant being resident in the area.

(3) [F1 Where the rules made by a local authority under section 21(1)] give priority to applicants on its housing list it shall apply those rules to an applicant to whom subsection (2) above applies no less favourably than it applies them to a tenant of the local authority whose housing needs are similar to those of the applicant and who is seeking a transfer to another house belonging to the local authority.

(4) In this section and in section 21 of this Act, “housing list” means a list of applicants for local authority housing which is kept by a local authority in connection with the allocation of housing.

Textual Amendments

F1 Words in s. 19(3) substituted (27.9.1993) by 1993 c. 28, s. 155(2); S.I. 1993/2163, art. 2, Sch. 1.