Office of Public Sector Information
PART 2 continued CHAPTER 1 continued
(1) For the purposes of this section—
“qualifying improvement work” is improvement work which is prescribed as such and which is begun not earlier than the commencement of this section,
“qualifying person” is a person who is, immediately before the tenancy is terminated, a tenant under a Scottish secure tenancy, and—
is the tenant who carried out the qualifying improvement work,
is a tenant of a joint tenancy which existed at the time the work was carried out, or
succeeded to the tenancy under section 22 on the death of the tenant who carried out the work and the tenancy did not cease to be a Scottish secure tenancy on the succession.
(2) For the purposes of this section, a tenancy is terminated when—
(a) any of the circumstances of subsection (1) of section 12 apply and, in a case where the termination is under paragraph (d), (e) or (f) of that subsection, the house is vacated,
(b) there is a change of landlord, or
(c) it is assigned to a new tenant.
(3) Where the tenant under a Scottish secure tenancy has carried out qualifying improvement work with the consent of the landlord under section 28, a qualifying person is on the termination of the tenancy entitled to be paid compensation by the landlord in respect of the work.
(4) Compensation is not payable if—
(a) the tenancy comes to an end in prescribed circumstances,
(b) compensation has been paid under section 29 in respect of the improvement, or
(c) the amount of any compensation which would otherwise be payable is less than such amount as may be prescribed.
(5) Regulations under this section may provide that—
(a) any compensation payable is to be—
(i) determined by the landlord in such manner and taking into account such matters as may be prescribed, or
(ii) calculated in such manner and taking into account such matters as may be prescribed, and is not to exceed such amount, if any, as may be prescribed,
(b) the landlord may set off against any compensation payable under this section any sums owed to it by any qualifying person.
(6) Where, in the case of two or more qualifying persons, one of them (“the missing person”) cannot be found—
(a) a claim for compensation under this section may be made by, and compensation may be paid to, the other qualifying person or persons, but
(b) the missing person is entitled to recover the missing person’s share of any compensation so paid from the other qualifying person or persons.
(7) Regulations under this section may—
(a) provide for the manner in which and the period within which claims for compensation under this section are to be made, and for the procedure to be followed in determining such claims,
(b) prescribe the form of any document required to be used for the purposes of or in connection with such claims, and
(c) provide for the determination of questions arising under the regulations.
(8) In this section, “prescribed” means prescribed by regulations made by the Scottish Ministers.
In assessing the rent to be payable under a Scottish secure tenancy by—
(a) a tenant who has carried out work on the house,
(b) a person who has succeeded that tenant in the tenancy, or
(c) the spouse of a person mentioned in paragraph (b) or a person living with that person as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex,
no account is to be taken at any time of any improvement in the value or amenities of the house resulting from the work.
(1) It is a term of every Scottish secure tenancy that the tenant may assign, sublet or otherwise give up to another person possession of the house or any part of it or take in a lodger—
(a) only with the consent in writing of the landlord, and
(b) in the case of an assignation, only where the house has been the assignee’s only or principal home throughout the period of 6 months ending with the date of the application for the landlord’s consent to the assignation under paragraph 9 of schedule 5.
(2) A landlord whose consent is required under subsection (1) may refuse such consent only if it has reasonable grounds for doing so.
(3) There are, in particular, reasonable grounds for refusing such consent if—
(a) a notice under section 14(2) has been served on the tenant specifying a ground set out in any of paragraphs 1 to 7 of schedule 2,
(b) an order for recovery of possession of the house has been made against the tenant under section 16(2),
(c) it appears to the landlord that a payment other than—
(i) a rent which is in its opinion a reasonable rent, or
(ii) a deposit which in its opinion is reasonable, returnable at the termination of the assignation, subletting or other transaction and given as security for the subtenant’s obligations for accounts for supplies of gas, electricity, telephone or other domestic supplies and for damage to the house or contents,
has been or is to be received by the tenant in consideration of the assignation, subletting or other transaction,
(d) the transaction for which consent is sought would lead to overcrowding of the house in such circumstances as to render the occupier guilty of an offence under section 139 of the 1987 Act, or
(e) the landlord proposes to carry out work on the house or on the building of which it forms part so that the proposed work will affect the accommodation likely to be used by the subtenant or other person who would reside in the house as a result of the transaction.
(4) Where the landlord is a registered social landlord which is a co-operative housing association, any consent under subsection (1) is subject to the condition that the assignee, subtenant or other person is a member of the association when the assignation or sublease takes effect or, as the case may be, when possession is given to the other person.
(5) The Scottish Ministers may by order modify subsection (3).
(6) It is a term of every Scottish secure tenancy that, where the landlord has given consent to an assignation, subletting or other transaction under subsection (1), the tenant—
(a) must notify the landlord of any proposed increase in the rent which was payable by the subtenant at the commencement of the assignation, subletting or other transaction, and
(b) must not increase the rent if the landlord objects to the increase.
(7) An assignation, subletting or other transaction to which this section applies is not—
(a) a protected tenancy or a statutory tenancy within the meaning of the Rent (Scotland) Act 1984 (c. 58), or
(b) an assured tenancy,
and Part VII (rent assessment) of that Act does not apply to such an assignation, subletting or other transaction.
(8) In this section and schedule 5, “subtenant” means a person entitled to possession of a house or any part of a house under an assignation, subletting or other transaction to which this section applies, and includes a lodger.
(9) The provisions of Part 2 of schedule 5, so far as relating to this section, have effect as terms of every Scottish secure tenancy.
(1) It is a term of every Scottish secure tenancy that the tenant may exchange the house which is the subject of the tenancy for another house which is the subject of a Scottish secure tenancy (whether or not of the same landlord) but only with the consent in writing of the landlord and (if different) the landlord of the other house.
(2) A landlord whose consent is requested under subsection (1) may refuse such consent only if it has reasonable grounds for doing so.
(3) There are, in particular, reasonable grounds for refusing such consent if—
(a) a notice under section 14(2) has been served on the tenant specifying a ground set out in any of paragraphs 1 to 7 of schedule 2,
(b) an order for recovery of possession of the house which is the subject of the current tenancy has been made against the tenant under section 16(2),
(c) that house was provided by the landlord in connection with the tenant’s employment with it,
(d) that house has been designed or adapted for occupation by a person whose special needs require accommodation of the kind provided by the house and, if the exchange took place, there would no longer be a person with such special needs occupying the house,
(e) the accommodation in the other house—
(i) is substantially larger than that required by the tenant and the tenant’s family, or
(ii) is not suitable to the needs of the tenant and the tenant’s family, or
(f) the exchange would lead to overcrowding of the house in such circumstances as to render the occupier guilty of an offence under section 139 of the 1987 Act.
(4) Where the landlord is a registered social landlord which is a co-operative housing association, any consent under subsection (1) is subject to the condition that the tenant of the other house is a member of the association when the exchange takes effect.
(5) The Scottish Ministers may by order modify subsection (3).
(6) On an exchange in accordance with this section, the existing tenancy is terminated and the tenant is taken to have been granted a Scottish secure tenancy of the other house by the landlord of that house; and this Part applies to that tenancy accordingly.
(7) The provisions of Part 2 of schedule 5, so far as relating to this section, have effect as terms of every Scottish secure tenancy.
(1) A tenancy of a house is a short Scottish secure tenancy if—
(a) it would have been a Scottish secure tenancy but for this section,
(b) it is for a term of not less than 6 months, and
(c) before its creation, the prospective landlord serves on the prospective tenant a notice under subsection (4).
(2) A prospective landlord may serve a notice under subsection (4) only where any of the paragraphs of schedule 6 is satisfied.
(3) The Scottish Ministers may by order modify that schedule.
(4) A notice under this subsection—
(a) must be in such form as the Scottish Ministers may prescribe by regulations,
(b) must state that the tenancy to which it relates is to be a short Scottish secure tenancy and specify the paragraph of that schedule which is satisfied in relation to it, and
(c) must specify the term of the tenancy.
(5) At the ish of the tenancy it may continue—
(a) by tacit relocation, or
(b) by express agreement,
and the continued tenancy is a short Scottish secure tenancy despite subsection (1) not being satisfied.
(6) The provisions of this Chapter, except sections 11(2) and (4), 12 and 22 and schedules 1 and 3, apply to a short Scottish secure tenancy as they do to a Scottish secure tenancy.
(7) Where a tenancy is a short Scottish secure tenancy by virtue of section 35 or paragraph 1 or 2 of schedule 6 the landlord must provide, or ensure the provision of, such housing support services as it considers appropriate with a view to enabling the conversion of the tenancy to a Scottish secure tenancy by virtue of section 37.
(8) The Scottish Ministers may issue guidance as to the housing support services which are appropriate for the purposes of subsection (7).
(1) A Scottish secure tenancy of a house becomes a short Scottish secure tenancy by virtue of this section immediately on the landlord serving on the tenant a notice under subsection (3).
(2) The landlord may serve a notice under subsection (3) only where the tenant (or any one of joint tenants) or a person residing or lodging with, or subtenant of, the tenant is subject to an anti-social behaviour order under section 19 of the Crime and Disorder Act 1998 (c. 37).
(3) A notice under this subsection must—
(a) state that the Scottish secure tenancy to which it relates becomes a short Scottish secure tenancy by virtue of service of the notice, and
(b) specify the tenant or other person who is subject to the anti-social behaviour order.
(4) Subsections (5) and (6) of section 34 apply to a tenancy which becomes a short Scottish secure tenancy by virtue of this section.
(5) Where a Scottish secure tenancy becomes a short Scottish secure tenancy by virtue of this section, a tenant who is aggrieved by the conversion may raise proceedings by summary application.
(6) In such proceedings the court may, if it considers that there are good grounds for doing so, grant a declarator that the notice under subsection (3) is of no effect.
(1) The landlord under a short Scottish secure tenancy may raise proceedings by way of summary cause for recovery of possession of the house which is the subject of the tenancy.
(2) Such proceedings may not be raised unless—
(a) the landlord has served on the tenant a notice complying with subsection (3),
(b) the proceedings are raised on or after the date specified in the notice, and
(c) the notice is in force at the time when the proceedings are raised.
(3) A notice under subsection (2) must be in such form as the Scottish Ministers may prescribe by regulations, and must—
(a) state that the landlord requires possession of the house,
(b) specify a date, not earlier than—
(i) 2 months, or such longer period as the tenancy agreement may provide, from the date of service of the notice, or
(ii) the date on which the tenancy could have been brought to an end by a notice to quit had it not been a short Scottish secure tenancy,
whichever is later, on or after which the landlord may raise proceedings for recovery of possession.
(4) A notice under subsection (2) ceases to be in force 6 months after the date specified in it in accordance with subsection (3)(b) or when it is withdrawn by the landlord, whichever is earlier.
(5) The court must make an order for recovery of possession if it appears to the court that—
(a) the tenancy has reached the ish referred to in section 34(5),
(b) tacit relocation is not operating,
(c) no further contractual tenancy (whether or not a short Scottish secure tenancy) is in existence, and
(d) subsection (2) has been complied with.
(6) An order under subsection (5) must appoint a date for recovery of possession and has the effect of—
(a) terminating the tenancy, and
(b) giving the landlord the right to recover possession of the house,
at that date.
(7) This section is without prejudice to sections 14 and 16.
(1) Where—
(a) a tenancy is a short Scottish secure tenancy by virtue of section 35 or paragraph 1 or 2 of schedule 6, and
(b) the landlord has not, in the period of 12 months following the creation of the tenancy, served on the tenant a notice under section 14(2) or 36(2),
the tenancy becomes, by virtue of this section, a Scottish secure tenancy with effect from the expiry of that period.
(2) Where subsection (1)(a) applies and the landlord has, in the period of 12 months following the creation of the tenancy, served a notice referred to in subsection (1)(b), then—
(a) if the notice—
(i) has ceased to be in force in accordance with section 14(5) or, as the case may be, 36(4), or
(ii) has been withdrawn by the landlord without proceedings for recovery of possession having been raised,
the tenancy becomes, by virtue of this section, a Scottish secure tenancy with effect from the date on which the notice ceased to be in force or was withdrawn or the expiry of that period of 12 months, whichever is the later,
(b) if proceedings for recovery of possession have been raised and have been finally determined in favour of the tenant, the tenancy becomes, by virtue of this section, a Scottish secure tenancy with effect from the date on which the proceedings were finally determined or the expiry of that period of 12 months, whichever is the later.
(3) For the purposes of subsection (2)(b) proceedings are finally determined when—
(a) the period for appealing against the interlocutor disposing of the proceedings has expired without an appeal being lodged, or
(b) where an appeal has been lodged, the appeal is withdrawn or finally determined.
(4) Where a tenancy becomes a Scottish secure tenancy by virtue of this section, the landlord must notify the tenant of that fact and of the date on which the tenancy became a Scottish secure tenancy.
(1) A person who is aggrieved by a decision of a landlord mentioned in section 11(1)(b) to make a house available to the person for occupancy on the basis of—
(a) an occupancy agreement instead of a Scottish secure tenancy or a short Scottish secure tenancy,
(b) a tenancy which is not a Scottish secure tenancy or a short Scottish secure tenancy, or
(c) a short Scottish secure tenancy instead of a Scottish secure tenancy,
may raise proceedings by summary application.
(2) In such proceedings the court may, if it considers that there are good grounds for doing so, order the landlord to let the house to the person under a Scottish secure tenancy or, as the case may be, a short Scottish secure tenancy.
Where a tenancy is excluded from being a Scottish secure tenancy only by the operation of paragraph 1 or 9 of schedule 1, sections 23 to 33 apply to the tenancy as if it were a Scottish secure tenancy.
(1) A notice or other document authorised or required by this Chapter to be given to a person (however expressed) may be given—
(a) by delivering it to that person,
(b) by leaving it at that person’s proper address, or
(c) by sending it by recorded delivery letter to that person at that address.
(2) For the purposes of subsection (1) and of paragraph 4 of Schedule 1 to the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999 (S.I.1999/1379), a person’s proper address is that person’s last known address.
In this Chapter, unless otherwise expressly provided—
“co-operative housing association” has the meaning given in section 300(1)(b) of the 1987 Act,
“court” means the sheriff court for the district in which is situated the house to which the tenancy in question relates, and “proceedings” means proceedings in that court,
“landlord” means a person who lets a house to a tenant for human habitation, and includes any person from time to time deriving title under the original landlord,
“notice” means notice in writing,
“tenancy” means an agreement under which a house is made available for human habitation, and “lease” and related expressions are to be construed accordingly,
“tenant” means a person who leases a house from a landlord and whose right in the house derives directly from the landlord, and in the case of a joint tenancy means all the tenants.
(1) In subsection (2) of section 61 (qualifying conditions for right to buy) of the 1987 Act—
(a) in paragraph (a), after “is” insert “, or was when the tenancy was granted,”,
(b) in paragraph (c), for “2 years” substitute “5 years”.
(2) In subsection (10) of that section—
(a) for “the following section” substitute “section 62”,
(b) in paragraph (a), after “house” in the first place where it occurs insert “are to continuous occupation and”,
(c) in paragraph (b), after sub-paragraph (iii) insert—
“(iv) the landlord may, if it thinks fit, disregard as not affecting continuity any interruption in occupation which appears to it to result from circumstances outwith the control of the person in question.”
(1) Section 61(4) (exemptions from right to buy) of the 1987 Act is amended as follows.
(2) Paragraphs (a), (b), (d) and (f) are repealed.
(3) In paragraph (c), for “such a landlord” substitute “a landlord which is a registered social landlord”.
(4) After paragraph (c) insert—
“(ca) where a landlord which is a registered social landlord is a co-operative housing association;”.
(5) For paragraph (e) substitute—
“(e) where a registered social landlord is registered as such by virtue of section 57(2) of the Housing (Scotland) Act 2001 (asp 10) and was, on the date on which that Act received Royal Assent, a recognised body within the meaning of section 1(7) (Scottish charities) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40);”.
(6) After paragraph (e) insert—
“(ea) to a house that is one of a group of houses which has been designed for persons with special needs where one or more of the following conditions is satisfied—
(i) the houses are provided with, or situated near, special facilities for use by their tenants (whether or not exclusively),
(ii) the tenants of the houses are provided with housing support services (within the meaning of section 91 of the Housing (Scotland) Act 2001 (asp 10)).”
After section 61 of the 1987 Act insert—
(1) Subject to subsection (2), this section applies to a Scottish secure tenancy where the landlord is a registered social landlord and—
(a) the tenancy was created on or after the date specified in relation to the landlord in an order under section 11(1) of the Housing (Scotland) Act 2001 (asp 10), or
(b) the tenancy became a Scottish secure tenancy by virtue of such an order.
(2) This section does not apply—
(a) to a tenancy of a house acquired by the landlord after the date referred to in subsection (1)(a),
(b) to a tenancy of a house constructed by the landlord after that date if an offer of grant in connection with the construction was made by the Scottish Ministers or a local authority after that date,
(c) in such other circumstances as the Scottish Ministers may specify by order made by statutory instrument.
(3) Where this section applies, section 61(1) does not apply in relation to a house let under the tenancy until the expiry of—
(a) the period of 10 years beginning with the date referred to in subsection (1)(a), and
(b) any further period determined under subsection (4).
(4) The Scottish Ministers may if they think fit, on an application made by the landlord before the expiry of a period mentioned in subsection (3)(a) or (b), determine a further period, not exceeding 10 years, for the purposes of paragraph (b) of that subsection.
(5) The Scottish Ministers may issue guidance as to—
(a) the form of such an application,
(b) the information to be provided by the landlord in support of such an application.
(6) Before making an application under subsection (4), the landlord shall consult—
(a) any heritable creditor of the landlord having an interest in a house of the landlord’s in relation to which this section applies, and
(b) such other persons as it thinks fit.
(7) If a registered social landlord so elects by notice in writing to the Scottish Ministers, subsection (3) ceases, on the date specified in the notice, to have effect in relation to houses let (whether before or after that date) by the landlord.
(8) A notice given under subsection (7) cannot be withdrawn after the date specified in it.
(9) Where a landlord gives a notice under subsection (7) it shall take such steps as are reasonable to inform—
(a) those of its tenants affected by the operation of subsection (3), and
(b) any heritable creditor referred to in subsection (6)(a),
that the notice has been given and of its effect.
(10) A statutory instrument containing an order under subsection (2)(c) is subject to annulment in pursuance of a resolution of the Scottish Parliament.”
After section 61A of the 1987 Act insert—
(1) The Scottish Ministers may, from time to time, on a proposal from a local authority, designate any part of the local authority’s area as a pressured area if they consider that—
(a) the needs of that part for housing accommodation in houses provided by the authority or by registered social landlords exceed substantially, or are likely to exceed substantially, the amount of such housing accommodation which is, or is likely to be, available in that part, and
(b) the exercise by tenants of houses in that part of the right under section 61(1) to purchase such houses is likely to increase the extent by which such needs exceed the amount of such housing accommodation.
(2) A designation under subsection (1)—
(a) may be in terms of the proposal or in such other terms as the Scottish Ministers think fit,
(b) has effect for such period, not exceeding 5 years, as the Scottish Ministers may specify.
(3) For so long as an area is designated as a pressured area, section 61(1) does not apply in relation to a house in the area—
(a) let under a tenancy created on or after the date specified in relation to the landlord in an order under section 11(1) of the Housing (Scotland) Act 2001 (asp 10), or
(b) let under a tenancy created before that date where—
(i) the tenant did not, immediately before that date, have a right under section 61(1) to purchase the house, or
(ii) the tenant succeeded to the tenancy on or after that date.
(4) In determining for the purposes of subsection (3)(b)(i) whether a tenant had a right to purchase a house, section 61(2)(c) is to be left out of account.
(5) A designation under subsection (1) shall—
(a) identify the pressured area,
(b) specify the date on which the designation takes effect, and
(c) specify the period for which it has effect.
(6) The local authority shall take such steps as are reasonable to publicise—
(a) a designation under subsection (1) and its effect,
(b) any amendment or revocation of such a designation under subsection (8) and its effect.
(7) Where a local authority landlord or a registered social landlord offers a person a tenancy of a house in an area in relation to which, on the proposed commencement date of the tenancy, a designation under subsection (1) will be in force, the landlord shall inform the person of the designation and its effect.
(8) A designation under subsection (1) may be amended or revoked by the Scottish Ministers at any time if the local authority propose that they should do so and provide reasons for that proposal sufficient to justify the amendment or revocation.
(9) A local authority may make a further proposal under subsection (1) in relation to a part of their area despite a designation under that subsection being, or having been, in force in relation to that part.
(10) Nothing in this section affects a notice to purchase served prior to the designation of an area as a pressured area.
Housing (Scotland) Act 2001