Housing (Scotland) Act 2010

127 Eligible houses

(1) An eligible house is a house (other than an exempt house) which is—

(a) owned by a local authority landlord, and

(b) occupied by a qualifying tenant.

(2) A “qualifying tenant” is a tenant under a Scottish secure tenancy (other than a tenancy in respect of which an order for recovery of possession has been granted under section 16(2) of the Housing (Scotland) Act 2001 (asp 10)).

(3) An exempt house is a house—

(a) which is one of a group which has been provided with facilities (including a call system and the services of a warden) specially designed or adapted for the needs of persons of pensionable age or disabled persons,

(b) which has facilities which are substantially different from those of an ordinary house and has been designed or adapted for occupation by a person of pensionable age or a disabled person whose special needs require accommodation of the kind provided by the house, or

(c) which falls within subsection (4).

(4) A house falls within this subsection if—

(a) it is held by Orkney Islands Council, Shetland Islands Council or Comhairle nan Eilean Sar for the purposes of its functions as an education authority and is required for the accommodation of a person who is or will be employed by the council for those purposes, and

(b) the council concerned is not likely to be able reasonably to provide other suitable accommodation for that person.