The Housing (Preservation of Right to Buy) (Scotland) Regulations 1993

Qualifying person’s right to purchase

61.—(1) Notwithstanding anything contained in any agreement, a qualifying person (or such one or more of qualifying persons as may be agreed between them) shall, subject to this Part, have the right to purchase the qualifying house at a price fixed under section 62.

(2) This section applies to every qualifying house where–

(b) the landlord is the heritable proprietor of the qualifying house; and

(c) immediately prior to the date of service of an application to purchase, the qualifying person has been for not less than 2 years in occupation of a house (including accommodation provided as mentioned in subsection (11)(n)) or of a succession of houses provided by any persons mentioned in subsection (11) or of the qualifying house or any other house provided by the landlord which was a qualifying house.

(2A) For the purposes of subsection (2)(c), where the house or qualifying house was provided by a housing association which, at any time while that house was so provided, was not a registered housing association, the association shall, if it became a registered housing association at any later time, be deemed to have been a registered housing association at all times since it first provided that house.

(3) This section also applies to a qualifying house let to the qualifying person following acquisition by the landlord of a defective dwelling previously purchased by the qualifying person if the qualifying person would not otherwise have the right to purchase under this Part; and where it so applies–

(a) paragraph (c) of subsection (2) shall not have effect;

(b) the words “beyond 2” in section 62(3)(b) shall not have effect.

(4) This section does not apply–

(a) to a qualifying house that 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; or

(b) where a landlord which is a registered housing association has at no time received a grant under–

(i) any enactment mentioned in paragraph 2 of Schedule I to the Housing Associations Act 1985((1)) (grants under enactments superseded by the Housing Act 1974((2)));

(ii) section 31 of the Housing Act 1974 (management grants);

(iii) section 41 of the Housing Associations Act 1985 (housing association grants);

(iv) section 54 of that Act (revenue deficit grants);

(v) section 55 of that Act (hostel deficit grants); or

(vi) section 59(2) of that Act (grants by local authorities); or

(vii) section 50 of the Housing Act 1988 (housing association grants); or

(viii) section 51 of that Act (revenue deficit grants); or

(c) where such a landlord has at no time let (or had available for letting) more than 100 dwellings; or

(f) where, within a neighbourhood, the qualifying house is one of a number (not exceeding 14) of houses with a common landlord, being a landlord which is a registered housing association, and it is the practice of that landlord to let at least one half of those houses for occupation by any or all of the following–

(i) persons who have suffered from, or are suffering from, mental disorder (as defined in the Mental Health (Scotland) Act 1984((3))), physical handicap or addiction to alcohol or other drugs;

(ii) persons who have been released from prison or other institutions;

(iii) young persons who have left the care of a local authority,

and a social service is, or special facilities are, provided wholly or partly for the purpose of assisting those persons.

(5) Where the spouse of a qualifying person occupies the qualifying house as his only or principal home but is not himself a qualifying person, the right to purchase the qualifying house under subsection (1) shall not be exercised without the consent of such spouse.

(6) A qualifying person may exercise his right to purchase, if he so wishes, together with one or more members of his family acting as joint purchasers, provided–

(a) that such members are at least 18 years of age, that they have, during the period of 6 months ending with the date of service of the application to purchase, had their only or principal home with the qualifying person and that their residence in the qualifying house is not a breach of any obligation of the tenancy; or

(b) where the requirements of paragraph (a) are not satisfied, the landlord has consented.

(7) The Secretary of State may by order made by statutory instrument amend, or add to, the descriptions of persons set out in sub-paragraphs (i) to (iii) of paragraph (f) of subsection (4).

(10) In this section and the following section–

(a) references to occupation of a house include occupation–

(i) in the case of more than one qualifying person, by any one of them;

(ii) by any person occupying the house rent-free;

(iii) as the spouse of the qualifying person or of any such person;

(b) for the purpose of determining the period of occupation–

(iii) there shall be added to the period of occupation of a qualifying house by a qualifying person any earlier period during which he was at least 16 years of age and occupied the qualifying house as a member of the family of the tenant or of a qualifying person or of one or more of the joint tenants of the house.

(11) The persons providing houses referred to in subsection (2)(c) (occupation requirement for exercise of right to purchase) and in section 62(3)(b) (calculation of the discount from the market value) are–

(a) a regional, islands or district council in Scotland; any local authority in England and Wales or in Northern Ireland; and the statutory predecessors of any such council or authority, or the common good of any such council, or any trust under the control of any such council;

(b) the Commission for the New Towns;

(c) a development corporation, an urban development corporation; and any development corporation established under corresponding legislation in England and Wales or in Northern Ireland; and the statutory predecessors of any such authority;

(d) Scottish Homes and the Scottish Special Housing Association;

(e) a registered housing association;

(f) the Housing Corporation;

(g) a housing co-operative within the meaning of section 22 or a housing co-operative within the meaning of section 27B of the Housing Act 1985((4));

(h) the Development Board for Rural Wales;

(i) the Northern Ireland Housing Executive or any statutory predecessor;

(j) a police authority or the statutory predecessors of any such authority;

(k) a fire authority or the statutory predecessors of any such authority;

(l) a water authority in Scotland; any water authority constituted under corresponding legislation in England and Wales or in Northern Ireland; and the statutory predecessors of any such authority;

(m) the Secretary of State, where the house was at the material time used for the purposes of the Scottish Prison Service or of a prison service for which the Home Office or the Northern Ireland Office have responsibility;

(n) the Crown, in relation to accommodation provided in connection with service whether by the tenant or his spouse as a member of the regular armed forces of the Crown;

(o) the Secretary of State, where the house was at the material time used for the purposes of a health board constituted under section 2 of the National Health Services (Scotland) Act 1978((5)) or for the purposes of a corresponding board in England and Wales, or for the purposes of the statutory predecessors of any such board; or the Department of Health and Social Services for Northern Ireland, where the house was at the material time used for the purposes of a Health and Personal Services Board in Northern Ireland, or for the purposes of the statutory predecessors of any such board;

(p) the Secretary of State, or the Minister of Agriculture, Fisheries and Food, where the house was at the material time used for the purposes of the Forestry Commission;

(q) the Secretary of State, where the house was at the material time used for the purposes of a State Hospital provided by him under section 90 of the Mental Health (Scotland) Act 1984((6)) or for the purposes of any hospital provided under corresponding legislation in England and Wales;

(r) the Commissioners of Northern Lighthouses;

(s) the Trinity House;

(t) the Secretary of State, where the house was at the material time used for the purposes of Her Majesty’s Coastguard;

(u) the United Kingdom Atomic Energy Authority;

(v) the Secretary of State, where the house was at the material time used for the purposes of any function transferred to him under section 1(2) of the Defence (Transfer of Functions) Act 1964((7)) or any function relating to defence conferred on him by or under any subsequent enactment;

(w) such other person as the Secretary of State may by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament prescribe.

(1)

1985 c. 69.

(2)

1974 c. 44.

(3)

1984 c. 36.

(4)

1985 c. 68.

(5)

1978 c. 29.

(6)

1984 c. 36.

(7)

1964 c. 15.