Part 9

Disposal of land or assets by registered social landlords

Disposals not subject to section 107
108
1
This section applies to a disposal—
a
by 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)),
b
by way of a lease under a short Scottish secure tenancy,
c
by way of a lease under an assured tenancy or an assured agricultural occupancy,
d
by 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),
da
by way of a lease under what would be a private residential tenancy but for—
i
any of paragraphs 2 to 6 or 20 of schedule 1 of the Private Housing (Tenancies) (Scotland) Act 2016, and
ii
paragraph 14 of that schedule.
e
by way of an occupancy arrangement,
f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
made in pursuance of a direction given by the Regulator under section 67 or 106,
h
for which the Regulator's consent is required under section 78,
i
made in implementation of agreed proposals under section 86 or 87,
j
arising from a restructuring in relation to which Part 8 applies, or
k
of such type and made in such manner as the Regulator may determine.
2
For the purposes of subsection (1)(e) an occupancy arrangement is an arrangement other than a lease—
a
under 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, and
b
where the occupants of the premises share with each other one or more of—
i
a toilet,
ii
personal washing facilities, or
iii
facilities for the preparation or provision of cooked food.
3
Before making, revising or withdrawing a determination under subsection (1)(k), the Regulator must consult—
a
Ministers,
b
registered social landlords or their representatives, and
c
secured creditors of registered social landlords or their representatives.
4
The Regulator must make arrangements for bringing a determination (and any revision or withdrawal) to the attention of those affected by it.
S. 108(3) 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. 108(1)(2)(4) 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)