Housing (Scotland) Act 1988

43 Removal of special regimes for tenancies of housing associations etc.S

(1)In this section—

(a)“housing association tenancy” means a tenancy to which Part VI of the Rent (Scotland) Act 1984 applies;

(b)“secure tenancy” has the same meaning as in Part III of the M1Housing (Scotland) Act 1987.

(2)A tenancy which is entered into on or after the commencement of this section cannot be a housing association tenancy unless—

(a)it is entered into in pursuance of a contract made before the commencement of this section; or

(b)it is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was the tenant (or one of the tenants) under a housing association tenancy of the same landlord; or

(c)it is granted to a person (alone or jointly with others) in the following circumstances—

(i)prior to the grant of the tenancy, an order for possession of a dwelling-house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 48 of the Housing (Scotland) Act 1987; and

(ii)the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied; and

(iii)in the proceedings for possession the court directed that it would be a housing association tenancy.

(3)A tenancy which is entered into on or after the commencement of this section cannot be a secure tenancy unless—

(a)the interest of the landlord belongs to—

[F1(i)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council; or

(ia)[F2Scottish Water];]

(iii)a development corporation within the meaning of the M2New Towns (Scotland) Act 1968 (including an urban development corporation within the meaning of Part XVI of the M3Local Government, Planning and Land Act 1980); or

(iv)the Scottish Special Housing Association; or

(v)Scottish Homes; F3...

F3(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)it is entered into in pursuance of a contract made before the commencement of this section; or

(c)it is granted to a person (alone or jointly with others) who, immediately before it was entered into, was the secure tenant (or any one of the secure tenants) of the same landlord; or

(d)it is granted to a person (alone or jointly with others) in the following circumstances—

(i)prior to the grant of the tenancy, an order for possession of a house was made against him (alone or jointly with others) on the court being satisfied as mentioned in paragraph (b) or paragraph (c) of subsection (2) of section 48 of the M4Housing (Scotland) Act 1987; and

(ii)the tenancy is of premises which constitute the suitable accommodation as to which the court was so satisfied; and

(iii)in the proceedings for possession referred to in sub-paragraph (i) above the court directed that it would be a secure tenancy.

Textual Amendments

F1S. 43(3)(a)(i)(ia) substituted (1.4.1996) for s. 43(3)(a)(i)(ii) by 1994 c. 39, s. 180(1), Sch. 13 para. 157(2) (with 128(8)); S.I. 1996/323, art. 4

F4S. 43(3)(a)(vii) and preceding word repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 2; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Marginal Citations