Part 9Disposal of land or assets by registered social landlords

108F3Disposals not subject to section 107

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F4This section applies to a disposal—

a

by way of a lease under a Scottish secure tenancy (or what would be such a tenancy but for schedule 1 to the Housing (Scotland) Act 2001 (asp 10)),

b

by way of a lease under a short Scottish secure tenancy,

c

by way of a lease under an assured tenancy or an assured agricultural occupancy,

d

by way of a lease under what would be an assured tenancy but for any of paragraphs 3 to 8 and 12 of schedule 4 to the Housing (Scotland) Act 1988 (c.43),

F2da

by way of a lease under what would be a private residential tenancy but for—

i

any of paragraphs 2 to 6 or 20 of schedule 1 of the Private Housing (Tenancies) (Scotland) Act 2016, and

ii

paragraph 14 of that schedule.

e

by way of an occupancy arrangement,

F1f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g

made in pursuance of a direction given by the Regulator under section 67 or 106,

h

for which the Regulator's consent is required under section 78,

i

made in implementation of agreed proposals under section 86 or 87,

j

arising from a restructuring F5in relation to which Part 8 applies, or

k

of such type and made in such manner as the Regulator may determine.

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For the purposes of subsection (1)(e) an occupancy arrangement is an arrangement other than a lease—

a

under which a person has the lawful right to occupy living accommodation (within the meaning of section 194 of the Housing (Scotland) Act 2006 (asp 1)) which forms part of premises or a group of premises owned by the landlord, and

b

where the occupants of the premises share with each other one or more of—

i

a toilet,

ii

personal washing facilities, or

iii

facilities for the preparation or provision of cooked food.

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Before making, revising or withdrawing a determination under subsection (1)(k), the Regulator must consult—

a

Ministers,

b

registered social landlords or their representatives, and

c

secured creditors of registered social landlords or their representatives.

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The Regulator must make arrangements for bringing a determination (and any revision or withdrawal) to the attention of those affected by it.