Disposal of land etc. by registered social landlords
I14Special procedure where disposal results in change of landlord
1
The Housing (Scotland) Act 2010 is further amended as follows.
2
In section 113 (disposals resulting in change of landlord)—
a
in subsection (1), for paragraphs (a) and (b), substitute “
to which section 107(4) applies.
”
,
b
subsection (2) is repealed.
3
Section 114 is repealed.
4
In section 115 (consultation with tenants)—
a
in subsection (1), “, after a direction given by the Regulator under section 114,” is repealed,
b
in subsection (2)—
i
in paragraph (a), sub-paragraph (ii) (and “and” immediately preceding it) is repealed,
ii
in paragraph (b), for “Regulator's consent” substitute “
approval of tenants by way of ballot or written agreement
”
.
5
After section 115 insert—
115ATenant approval
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.
115BGuidance
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).
6
Sections 116 to 119 are repealed.
7
In section 120 (unaffected tenants)—
a
in subsection (2)—
i
in paragraph (b), for “section 118” substitute “
section 115A(1)(a)
”
,
ii
for paragraph (c) substitute—
c
need not seek the agreement of an unaffected tenant when seeking written agreement under section 115A(1)(b).
b
in subsection (3), for “Regulator” where it first occurs to the end substitute “
registered social landlord must confirm that the tenants concerned have all vacated the houses concerned when notifying the Regulator under section 115A(2)
”
.
8
Sections 121 and 122 are repealed.