Housing (Scotland) Act 1987

259 Conditions of eligibility. S

(1) Subject to the following provisions of this Part, a person to whom this section applies is eligible for assistance in respect of a defective dwelling for the purposes of this Part if—

(a) his interest in the dwelling is that of owner (“the owner’s interest”), and

(b) one of the following sets of conditions is satisfied.

(2) This section applies to—

(a) an individual who is not a trustee,

(b) trustees, if all the beneficiaries are individuals, and

(c) personal representatives.

(3) The first set of conditions is that—

(a) there was a disposal by a public sector authority of the owner’s interest in the dwelling before the cut-off date; and

(b) there has been no disposal for value by any person of owner’s interest in the dwelling on or after the cut-off date;

and for the purposes of this subsection where a public sector authority hold an interest in a dwelling a disposal of that interest by or under any enactment is to be treated as a disposal by the authority.

(4) The second set of conditions is that—

(a) a person to whom this section applies acquired the owner’s interest in the dwelling on a disposal for value occurring within the period of 12 months beginning with the cut-off date;

(b) on the date of that disposal he was unaware of the association of the dwelling with the qualifying defect;

(c) the value by reference to which the price for the disposal was calculated did not take any, or any adequate, account of the qualifying defect; and

(d) if the cut-off date had fallen immediately after the date of the diposal, the first set of conditions would have been satisfied.