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Housing (Scotland) Act 2010

Limitation on right to buy: new supply social housing

167.Section 143 inserts a new section 61F into the 1987 Act to extend the range of circumstances (set out in sections 61A to E) under which the right to buy cannot be exercised to include new supply social housing. A new supply social house is defined in subsection (3) as a house which is let under a Scottish secure tenancy created on or after the relevant day (which is the day on which section 143 comes into force), but which was not so let on or before 25 June 2008 or was acquired by the landlord on or after 25 June 2008.

168.Subsection (2) of the new section 61F provides that the limitation on exercising the right to buy over new supply social housing does not apply in the following circumstances:

  • Where a Scottish secure tenant who has a right to buy moves to a new supply social house from another house, following an order for recovery of possession under section 16(2) of the Housing (Scotland) Act 2001, on any of the grounds set out in paragraphs 9 to 15 of schedule 2 to that Act.

  • Where a Scottish secure tenant who has a right to buy moves to a new supply social house from another house where the landlord has erroneously brought the tenancy / joint tenancy to an end and re-possessed the house because the landlord believes that the tenant is/tenants are/ are not occupying the house; or where the tenant of a house that has been designed for a person with special needs dies and as a result the landlord is required to re-accommodate a person who would otherwise have qualified to succeed to the tenancy.

  • Where a Scottish secure tenant who has a right to buy moves to a new supply social house from another house, as a result of a written agreement between the landlord and tenant where the tenant agrees to move from their original house which the landlord wishes to demolish.

  • Where a tenant’s short Scottish secure tenancy is converted into a Scottish secure tenancy under section 37 of the 2001 Act.

  • Where a Scottish secure tenant who has a right to buy moves to a new supply social house from another house without the landlord having given the tenant seven days notice before the creation of the Scottish secure tenancy to which the new supply social house is subject, or where the landlord acquired the house from the tenant at least seven days before the missives for acquisition were concluded, that they will lose the right to buy over that new supply house.

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