The Housing (Preservation of Right to Buy) (Scotland) Regulations 1993

Application of right to buy to cases where landlord is lessee

84A.—(1) Sections 61 to 84 and 216 (the “right to buy” provisions) shall, with the modifications set out in this section, apply so as to provide for–

(a) the acquisition by the qualifying person of the landlord’s interest in the qualifying house as lessee under a registered lease of the qualifying house or of land which includes it or as assignee of that interest; and

(b) the obtaining of a loan by the qualifying person in that connection,

as these sections apply for the purposes of the purchase of a qualifying house by the qualifying person from the landlord as heritable proprietor of it and the obtaining by the qualifying person of a loan in that connection.

(2) References in the right to buy provisions to the purchase or sale of a qualifying house shall be construed respectively as references to the acquisition or disposal of the landlord’s interest in the qualifying house by way of a registered assignation of that interest and cognate expressions shall be construed accordingly.

(3) The reference in section 61(2)(b) to the landlord’s being the heritable proprietor of the qualifying house shall be construed as a reference to the landlord’s being the holder of the interest of the lessee under a registered lease of the qualifying house or of land which includes it.

(4) References in the right to buy provisions to the market value of or price to be paid for a qualifying house shall be construed respectively as references to the market value of the landlord’s interest in the qualifying house and to the price to be paid for acquiring that interest.

(5) References in section 64(1) to the qualifying person’s enjoyment and use of a qualifying house as owner shall be construed as references to his enjoyment and use of it as assignee of the landlord’s interest in the qualifying house.

(6) The reference in subsection (4) of section 64 to an option being offered to the landlord or to any other person to purchase the qualifying house in advance of its sale to a third party shall be construed as a reference to an option being offered to h ave the interest acquired by the qualifying person re-assigned to the landlord or assigned to the other person in advance of its being disposed of to a third party; and the references in subsection (5) of that section to an option to purchase shall be construed accordingly.

(7) In this section and section 76–

• “registered lease” means a lease–

  (a)

  which is recorded in the general register of sasines; or

  (b)

  in respect of which the interest of the lessee is registered in the Land Register of Scotland,

  under the Registration of Leases (Scotland) Act 1857((1)); and

• “registered assignation” means, in relation to such a lease, an assignation thereof which is so recorded or in respect of which the interest of the assignee has been so registered.

(1)

1857 c. 26.