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Housing (Scotland) Act 2001

Section 42: The qualifying conditions

68.The amendment made by subsection (1)(a)ensures that a tenant’s right to buy is preserved if there is a change in their landlord or the status of their landlord after the tenancy is granted.

69.Before being entitled to exercise their right to buy a tenant has to have lived in accommodation rented from a relevant landlord for a certain period of time. That period is currently 2 years; subsection 1(b)extends that to 5 years.

70.Subsection (2) further amends the existing provisions to require tenants to have been in continuous occupation of the property during the qualifying period. However, subsection (2)(c) allows for this requirement to be disregarded for circumstances outwith the control of the tenant, subject to the discretion of the landlord.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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