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Housing (Scotland) Act 2010

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This is the original version (as it was originally enacted).

128Application to acquire eligible house

This sectionnoteType=Explanatory Notes has no associated

(1)An approved person may make an application to a local authority landlord which—

(a)states that the applicant seeks to acquire under this Part an eligible house owned by the local authority landlord, and

(b)is otherwise in such form as the Regulator may from time to time determine.

(2)Such an application must be accompanied by the written agreement to an approach being made to the local authority landlord of—

(a)the qualifying tenant occupying the eligible house (and in the case of a joint tenancy each qualifying tenant), and

(b)any spouse or civil partner of such a qualifying tenant, or any person living with such a qualifying tenant as if they were the tenant’s spouse or civil partner, who occupies the house as an only or principal home.

(3)The applicant must give a copy of the application to—

(a)the Regulator, and

(b)each qualifying tenant.

(4)An application ceases to have effect if, at any time before notice of acceptance of an offer to sell is given under section 132—

(a)the applicant withdraws the application by giving notice of withdrawal to the local authority landlord and each qualifying tenant,

(b)a person whose agreement has been obtained for the purposes of subsection (2) withdraws that agreement by giving notice to the local authority landlord and the applicant, or

(c)the applicant is required to do anything under this Part within a certain period and that period (or that period as extended under section 136) expires without the applicant doing what is required,

but this does not affect the applicant’s right to make a further application.

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