Housing (Scotland) Act 1987

76 Duty of landlords to provide information to secure tenants. S

(1) Whenever a new secure tenancy is to be created, if—

(a) the landlord is [F1 neither] the heritable proprietor of the house [F2 nor holds the interest of the landlord under a registered lease of the house or of land which includes it]; or

(b) by virtue of section 61(4), the house is not one to which that section applies; or

[F3 (c) section 62(6A) may affect any price fixed as regards the house under section 62(1),]

the landlord shall so inform the prospective tenant by written notice.

(2) Where in the course of a secure tenancy the landlord ceases to be the [F4 either the heritable proprietor of the house or the holder of the interest of the landlord under a registered lease of the house or of land which includes it] or the house, by virtue of section 61(4), ceases to be one to which that section applies, the landlord shall forthwith so inform the tenant by written notice.

(3) Subsections (1) and (2) do not apply if—

(a) the landlord is a housing co-operative within the meaning of section 22, and

(b) the heritable proprietor is a local authority [F5 or a local authority is the holder of the interest of the landlord under a registered lease of the house or of land which includes it.]

[F6 (4) Where—

(a) by way of any enactment (including an enactment made under this Act), any change is to be made in the law relating to the calculation of the price at which the tenant of a house is entitled under this Act to purchase it, being a change which does not come into force upon the passing or making of that enactment but which, when it does come into force will affect the price of the house, and

(b) the house is one in respect of which an application to purchase has, in the period ending with the coming into force of the change, been served under section 63(1) and not withdrawn but no contract of sale of the house has been constituted under section 66(2),

the landlord shall, upon the passing or making of that enactment or, if later, upon the service of the application to purchase, forthwith give written notice to the tenant stating the nature of the change and how it will affect the price and suggesting that the tenant should seek appropriate advice.

(5) For the purposes of subsection (4), a change in the law will affect the price of a house if, on the day it falls to be calculated under the law as changed, the price will be different from what it would have been that day had there been no such change.]

Textual Amendments

F1 Word substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 178(1)(a)(i)

F2 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 178(1)(a)(ii)

F3 S. 76(1)(c) substituted by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 65(5)(6)

F4 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 178(1)(b)

F5 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 178(1)(c)

F6 S. 76(4)(5) added by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 181