Explanatory Notes

Housing (Scotland) Act 2010

2010 asp 17

9 December 2010

Structure of the Act

Part 10 – Special Procedure for Disposals and Restructurings Resulting in Change of Landlord

Restructuring of a registered social landlord

138.Chapter 2 (section 123) applies the special procedure in sections 114 to 121 of Chapter 1 to restructurings by a registered social landlord where the regulator’s consent is required under section 97 or 101, and which result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the RSL proposing the restructuring. Section 123(2) exempts certain restructuring proposals from this requirement

139.Section 124 offers protection to a purchaser following a restructuring where consent has been given but there is a failure of the regulator or RSL to comply with any provision of the special procedure.