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The Right to Purchase (Application Form) (Scotland) Order 2011

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Scottish Statutory Instruments

2011 No. 97

Housing

The Right to Purchase (Application Form) (Scotland) Order 2011

Made

10th February 2011

Coming into force

1st March 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by section 63(1) of the Housing (Scotland) Act 1987(1).

Citation, commencement and revocation

1.—(1) This Order may be cited as the Right to Purchase (Application Form) (Scotland) Order 2011 and comes into force on 1st March 2011.

(2) The Right to Purchase (Application Form) (Scotland) Order 2002(2) is hereby revoked.

Prescribed Notice

2.  The notice to be served under section 63(1) of the Housing (Scotland) Act 1987 (application to purchase) shall be in the form prescribed in the Schedule to this Order.

ALEX NEIL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

10th February 2011

Article 2

SCHEDULEAPPLICATION TO BUY YOUR HOME

What happens next

1.  In this form you will have given information in support of your application. It may therefore be helpful if you could have to hand any documents which you think are relevant (such as birth/marriage certificates) in case they are asked for by your landlord. If you have served in the Armed Forces, and you are claiming time entitlement for this period, you may be asked to provide your service record.

2.  As a result of provisions in the Housing (Scotland) Act 2001, landlords are entitled to refuse a right to buy application if the applicant has arrears of rent, council tax or water and sewerage charges (whether it be for the current property or a previous address).

(a)If your landlord is the local authority, housing staff will take the necessary steps to check that you have no outstanding arrears at the time of application.

(b)If your landlord is a registered social landlord (such as a housing association), they will check their records to ensure that you owe no outstanding rent. However, you must obtain a certificate from your local authority confirming that you have no arrears of council tax or water and sewerage charges, which you should then present to your landlord when you submit this form. Please note that if you request such a certificate from your local authority, they must issue it to you – free of charge – within 21 days. Such a certificate will then be valid for one month. If you fail to provide the relevant certificate your landlord is entitled to refuse your application.

3.  Your landlord must reply to your application either by letting you have an offer to sell or a refusal. If your landlord refuses because they do not agree that you have the right to buy the house, the refusal notice must be given within one month of your application. Reasons must be given for a refusal. In other circumstances, your landlord has to reply within 2 months of your application being served.

4.  If your landlord delays—

(a)by not issuing an offer to sell within 2 months; or

(b)in delivering a good and marketable title to the property,

in certain circumstances you may be able to count rent paid toward the purchase price. In either case please consult “Your Right to Buy your Home – a guide for Scottish secure tenants” booklet.

5.  If—

(a)you are not satisfied with the terms of the offer, or

(b)you do not agree with your landlord’s refusal

you can refer the matter to the Lands Tribunal for Scotland, George House, 126 George Street, Edinburgh EH2 4HH.

6.  Once you have decided to buy your home, you will have to consider how to raise the money. To obtain a mortgage you might apply to a building society, a bank or other financial institution. Whatever means are most suitable to you in buying your property, you are advised to think carefully about the financial implications of the purchase and consider/investigate the different options as soon as possible.

Landlords Relevant for Occupation and Discount Entitlement

  • Agriculture and Food Research Council

  • The Armed Forces

  • British Airports Authority

  • British Coal Corporation

  • British Gas Corporation

  • British Railways Board

  • British Steel Corporation

  • British Waterways Board

  • Central Electricity Generating Board

  • Civil Aviation Authority

  • Commission for the New Towns

  • Commissioners of Northern Lighthouses

  • Countryside Council for Wales

  • The Electricity Council

  • The English Sports Council

  • A Fire Authority

  • Forestry Commission

  • A Health Board

  • Highlands and Islands Enterprise

  • HM Coastguard

  • A Housing Co-operative in Scotland, England or Wales

  • Housing Corporation

  • The landlord of a former employee of a local authority managed school, where the house was occupied to enable better performance of the employee’s duties, and the employee has transferred from the employment of the local authority to the employment of the landlord

  • Local Authorities

  • Medical Research Council

  • Ministry of Defence

  • National Bus Company

  • National Health Service Trusts

  • National Rivers Authority

  • Natural Environment Research Council

  • Nature Conservancy Council for England or English Nature

  • New Town Development Corporations or other development corporations

  • North of Scotland Hydro Electric Board

  • Northern Ireland Housing Executive

  • A person providing accommodation to a tenant whose previous tenancy ended because their house was to be demolished

  • A person providing accommodation to a tenant whose previous tenancy was terminated by court order in certain circumstances, or whose landlord was required to make other suitable accommodation available to them

  • A Police authority

  • The Prison Service

  • A Registered Housing Association

  • A Registered Social Landlord

  • Science and Engineering Research Council

  • Scottish Natural Heritage

  • Scottish Special Housing Association and Scottish Homes

  • Scottish Sports Council

  • Scottish Transport Group

  • South of Scotland Electricity Board

  • Sports Council

  • Sports Council for Wales

  • State Hospital in Scotland or a Special Hospital in England or Wales

  • Trinity House

  • United Kingdom Atomic Energy Authority

  • United Kingdom Sports Council

  • A Water Authority or Scottish Water

  • Waverley Housing Trust Limited

  • WESLO Housing Management

  • Any other Government Department or Minister of the Crown

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes the Right to Purchase (Application Form) (Scotland) Order 2002 and prescribes another form of notice which is to be used by any tenant with a right to purchase under a Scottish secure tenancy, within the meaning of Part III of the Housing (Scotland) Act 1987, when exercising the right to purchase a house conferred by section 61 of that Act. The notice contains—

(a)a statement that the tenant or joint tenants wish to exercise the right to purchase;

(b)a statement of consent to the exercise of that right by the spouse or partner of each tenant or joint tenant applying to purchase and by any joint tenant who does not wish to share in the exercise of that right;

(c)the names of any joint purchasers included or proposed for inclusion by the tenant or tenants;

(d)a statement of the periods of occupation of housing as tenant of a relevant landlord on which the tenant or tenants base their claim to the right to purchase and to discount, including details of any breaks in occupation;

(e)a statement on whether the tenant was given notice that the house was a new supply social house, where relevant; and

(f)the details of any improvements made to the house by the tenant.

(1)

1987 c.26; section 63(1) was amended by the Leasehold Reform, Housing and Urban Development Act 1993 (c.28), section 143(1) and (2)(a) and the Housing (Scotland) Act 2001 (asp 10), Schedule 10, paragraph 13(8). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

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