http://www.legislation.gov.uk/asp/2010/17/part/9Housing (Scotland) Act 2010An Act of the Scottish Parliament to establish the Scottish Housing Regulator and to make provision about housing, including provision about the performance and regulation of social landlords and reforms of the right to buy social housing; and for connected purposes.texttext/xmlenStatute Law Database2026-05-06Expert Participation2026-04-01 Housing (Scotland) Act 2010Pt. 5AHousing (Scotland) Act 2025s. 63(2)s. 86(2)Housing (Scotland) Act 2010s. 27(4)Housing (Scotland) Act 2025s. 63(3)(b)s. 86(2)Housing (Scotland) Act 2010s. 161(5)(6)Housing (Scotland) Act 2025s. 63(6)(a)s. 86(2) Part 91071A registered social landlord may make a disposal of land to which subsection (2) applies only if the landlord complies with section 110 in relation to the disposal.2This subsection applies to a disposal of land, other than a disposal by way of granting security over the land or any interest in it, which will not result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the landlord making the disposal.3A registered social landlord may make a disposal of land to which subsection (4) applies only if––athe landlord complies with sections 115 to 120 in relation to the disposal, andba majority of tenants—ivoting in a ballot in relation to the disposal under section 115A(1)(a) wish the disposal to proceed, or, as the case may be,iiwhose written agreement to the disposal was sought under section 115A(1)(b) have given that agreement.4This subsection applies to a disposal of land which will result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the landlord making the disposal.5This section does not apply where section 108 applies to the disposal.1081 This section applies to a disposal—aby way of a lease under a Scottish secure tenancy (or what would be such a tenancy but for schedule 1 to the Housing (Scotland) Act 2001 (asp 10)),bby way of a lease under a short Scottish secure tenancy,cby way of a lease under an assured tenancy or an assured agricultural occupancy,dby way of a lease under what would be an assured tenancy but for any of paragraphs 3 to 8 and 12 of schedule 4 to the Housing (Scotland) Act 1988 (c.43),daby way of a lease under what would be a private residential tenancy but for—iany of paragraphs 2 to 6 or 20 of schedule 1 of the Private Housing (Tenancies) (Scotland) Act 2016, andiiparagraph 14 of that schedule.eby way of an occupancy arrangement,f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .gmade in pursuance of a direction given by the Regulator under section 67 or 106,hfor which the Regulator's consent is required under section 78,imade in implementation of agreed proposals under section 86 or 87,jarising from a restructuring in relation to which Part 8 applies, orkof such type and made in such manner as the Regulator may determine.2For the purposes of subsection (1)(e) an occupancy arrangement is an arrangement other than a lease—aunder which a person has the lawful right to occupy living accommodation (within the meaning of section 194 of the Housing (Scotland) Act 2006 (asp 1)) which forms part of premises or a group of premises owned by the landlord, andbwhere the occupants of the premises share with each other one or more of—ia toilet,iipersonal washing facilities, oriiifacilities for the preparation or provision of cooked food.3Before making, revising or withdrawing a determination under subsection (1)(k), the Regulator must consult—aMinisters,bregistered social landlords or their representatives, andcsecured creditors of registered social landlords or their representatives.4The Regulator must make arrangements for bringing a determination (and any revision or withdrawal) to the attention of those affected by it.1091A registered social landlord must notify the Regulator of any disposal of land or any other asset as soon as reasonably practicable (and, where section 107(4) applies, no later than 28 days) after the disposal is made.2The Regulator may make a determination—adispensing with the notification requirement in subsection (1),bwhere section 107(4) applies, extending the period mentioned in that subsection.3A determination may be given generally or for particular purposes (and different determinations may be issued for different social landlords or for different areas or properties).4Before issuing, revising or withdrawing a general determination, the Regulator must consult—aMinisters,btenants of social landlords or their representatives,cregistered social landlords or their representatives, anddsecured creditors of registered social landlords or their representatives.5The Regulator need not consult on a specific determination relating only to one or more particular registered social landlords or properties.1101This section applies in relation to disposals of land by registered social landlords to which section 107(2) applies.2The registered social landlord must , before making such a disposal —aconsult—itenants of any houses included in the disposal, andiiany other person whom the Regulator requires the landlord to consult, andbinform the Regulator of the views expressed by those consulted.3The Regulator must issue guidance in relation to consultation under subsection (2).4A registered social landlord must, in consulting tenants or other persons under subsection (2)(a), have regard to guidance issued by the Regulator under subsection (3).1111A disposal of land by a registered social landlord to which section 107(2) applies is void if the landlord did not comply with section 110(2)(a).2A disposal of land by a registered social landlord to which section 107(4) applies is void if—athe landlord did not comply with section 115 or 115A(1), orba majority of tenants—ivoting in a ballot in relation to the disposal under section 115A(1)(a) did not wish the disposal to proceed, or, as the case may be,iiwhose written agreement to the disposal was sought under section 115A(1)(b) did not give that agreement.112This Part applies in relation to a disposal of land by a body removed from the register of social landlords as if that body were still registered. But it only so applies in relation to land held by the body before it was so removed.S. 108(3) in force at 1.4.2011 for specified purposes by S.S.I. 2011/96, art. 2, Sch.S. 109(4) in force at 1.4.2011 for specified purposes by S.S.I. 2011/96, art. 2, Sch.S. 108(3) in force at 1.4.2012 in so far as not already in force by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)S. 109(4) in force at 1.4.2012 in so far as not already in force by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)S. 108(1)(2)(4) in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)S. 109(1)-(3) (5) in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)S. 110 in force at 1.4.2012 for specified purposes by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)S. 112 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)S. 108(1)(f) repealed (1.8.2016) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 2 para. 18(3); S.S.I. 2014/264, art. 2, sch. (with art. 4)S. 108(1)(da) inserted (1.12.2017) by The Private Housing (Tenancies) (Scotland) Act 2016 (Consequential Provisions) Regulations 2017 (S.S.I. 2017/405), regs. 1, 3(2)S. 108 title substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 3(5), 11(2); S.S.I. 2018/253, reg. 2(2)Words in s. 108(1) substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 3(4)(a), 11(2); S.S.I. 2018/253, reg. 2(2)Words in s. 108(1)(j) substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 3(4)(b), 11(2); S.S.I. 2018/253, reg. 2(2)S. 109 title substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 3(7), 11(2); S.S.I. 2018/253, reg. 2(2)S. 109(1)(2) substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 3(6), 11(2); S.S.I. 2018/253, reg. 2(2)S. 110(3)(4) inserted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 3(8)(c), 11(2); S.S.I. 2018/253, reg. 2(2)S. 110 title substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 3(9), 11(2); S.S.I. 2018/253, reg. 2(2)S. 110(1) substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 3(8)(a), 11(2); S.S.I. 2018/253, reg. 2(2)Words in s. 110(2) inserted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 3(8)(b), 11(2); S.S.I. 2018/253, reg. 2(2)S. 111 substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 3(10), 11(2); S.S.I. 2018/253, reg. 2(2)S. 107 substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 3(3), 11(2); S.S.I. 2018/253, reg. 2(2) (with reg. 6)