Explanatory Notes

Housing (Scotland) Act 2001

2001 asp 10

18 July 2001

Background and Overview

Part 3 – Regulation of Social Landlords

Chapter 3Common Provisions
Section 76: Disposals of tenanted houses: consultation and consent

119.This section, together with schedule 9, sets out the duties of local authorities, registered social landlords and the Scottish Ministers in relation to consultation of tenants before a disposal which would result in a change of landlord. It includes a requirement to carry out a ballot of affected tenants before their houses are transferred into new ownership, and a duty on Ministers not to give their consent to such a transfer unless they are satisfied that a majority of those expressing a view in the ballot wish the disposal to proceed.

120.Subsection (2)provides that no tenanted property of a local authority or registered social landlord should be transferred to any landlord other than a registered social landlord, unless Ministers are satisfied that transfer to a registered social landlord is not appropriate.