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Housing (Scotland) Act 2010

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Part 10SSpecial procedure for disposals and restructuring resulting in change of landlord

Chapter 1SDisposals by a registered social landlord

113Disposals resulting in change of landlordS

(1)This Chapter applies to a disposal of land by a registered social landlord [F1to which section 107(4) applies.]

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where this Chapter applies to only a part of a disposal of land, it applies to that part as to a separate disposal.

Textual Amendments

F1Words in s. 113(1) substituted for s. 113(1)(a)(b) (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 4(2)(a), 11(2); S.S.I. 2018/253, reg. 2(2)

Commencement Information

I1S. 113 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)

F3114Regulator's initial decisionS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

115Consultation with tenantsS

(1)A registered social landlord proposing to make a disposal must F4... serve a notice on the tenants of each house included in the proposed disposal—

(a)specifying to whom the proposed disposal is to be made,

(b)explaining the likely consequences of the disposal for the tenants,

(c)informing them of their right to make representations to the registered social landlord within such reasonable period (of not less than 28 days) as may be specified, and

(d)including such other details about the proposed disposal as the landlord considers appropriate.

(2)The registered social landlord must, after considering any timeous representations made in pursuance of the notice served under subsection (1), serve a further notice on the tenants concerned—

(a)informing them—

(i)of any significant changes to the proposed disposal, F5 . . .

F5(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)explaining that the disposal requires the [F6approval of tenants by way of ballot or written agreement].

Textual Amendments

Commencement Information

I2S. 115 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)

[F7115ATenant approvalS

(1)A registered social landlord must, in relation to a proposed disposal—

(a)conduct a ballot of tenants of houses included in the proposed disposal on the question of whether the tenants wish the disposal to proceed, or

(b)seek the written agreement of the tenants of houses included in the proposed disposal to the disposal.

(2)The registered social landlord must—

(a)as soon as reasonably practicable after the ballot is completed or, as the case may be, the period for the giving of written agreement has expired, and

(b)before making the disposal,

notify the Regulator of the results of the ballot or, as the case may be, the number of written agreements sought and the number given.]

Textual Amendments

[F7115BGuidanceS

(1)The Regulator must issue guidance in relation to tenant consultation and approval under sections 115 and 115A.

(2)Guidance issued under subsection (1) may in particular include guidance as to—

(a)how notices under section 115(1) and (2) are to be served and the information to be contained in such notices,

(b)the consideration to be given to timeous representations made in pursuance of a notice served under section 115(1),

(c)the circumstances in which the approval of tenants under section 115A is to be sought by way of—

(i)ballot,

(ii)written agreement,

(d)how such ballots are to be conducted and how such written agreements are to be sought and given.

(3)A registered social landlord must, in complying with sections 115 and 115A, have regard to guidance issued by the Regulator under subsection (1).]

Textual Amendments

F8116Regulator's consentS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8117Further informationS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8118BallotS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8119Written agreementsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

120Unaffected tenantsS

(1)In this section, “unaffected tenant” means a tenant of a house included in a proposed disposal of land who the registered social landlord expects to have vacated the house before the disposal is made.

(2)The registered social landlord—

(a)need not give notice (or further notice) under section 115 to an unaffected tenant, and

(b)may exclude an unaffected tenant from any ballot conducted under [F9section 115A(1)(a)], and

[F10(c)need not seek the agreement of an unaffected tenant when seeking written agreement under section 115A(1)(b).]

(3)But, where a registered social landlord does not give such a notice or so excludes a tenant from the ballot or does not seek the tenant's written consent, the [F11registered social landlord must confirm that the tenants concerned have all vacated the houses concerned when notifying the Regulator under section 115A(2)].

Textual Amendments

Commencement Information

I3S. 120 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)

F12121Regulator's approvalS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13122Purchaser protectionS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 2SRestructuring of a registered social landlord

F14123Restructuring resulting in change of landlordS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15124Purchaser protectionS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16CHAPTER 3SREGISTERED SOCIAL LANDLORD BECOMING A SUBSIDIARY OF ANOTHER BODY]

Textual Amendments

F17124ARegulator's consentS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18124BPurchaser protectionS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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