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subsection (2) is repealed.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Section 114 is repealed.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in subsection (1), “, after a direction given by the Regulator under section 114,” is repealed,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in paragraph (a), sub-paragraph (ii) (and “and” immediately preceding it) is repealed,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Sections 116 to 119 are repealed.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.