PART III RIGHTS OF PUBLIC SECTOR TENANTS

Right to buy

61FF1Limitation on right to purchase: new supply social housing

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—

    1. a

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

    2. 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.