Office of Public Sector Information
PART III continued
(2)Where a matter has been referred to the Lands Tribunal under subsection (1), the Tribunal shall consider whether in its opinion—
(a)any of paragraphs (a) to (c) of that subsection apply, and if it so finds it may—
(i)give any consent, exercise any discretion, or do anything which the landlord may give, exercise or do under or for the purposes of sections 61 to 84; and
(ii)issue such notices and undertake such other steps as may be required to complete the procedure provided for in sections 63 and 65 to [F266C];
and any consent given, any discretion exercised, or anything done, under the foregoing provisions of this subsection shall have effect as if it had been duly given, exercised or done by the landlord; or
(b)paragraph (d) of that subsection applies, and if it so finds it may order the landlord to serve on the tenant an offer F1. . . to sell, in proper form, under section 63(2) F1. . . within such time (not exceeding 2 months) as it may specify.
(3)Nothing in this section shall affect the operation of the provisions of any other enactment relating to the enforcement of a statutory duty whether under that enactment or otherwise.
F1Words in s. 71(1)(a)(d)(2)(b) repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(11)(a)(i)(ii)(b)(ii); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)
F2Words in s. 71(2)(a)(ii) substituted (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(11)(b)(i); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)
C1S. 71 modified (13.3.1992) by S.I. 1992/325, regs. 3, 5, 7, Sch. 1
(1)A person who has purchased a house in exercise of a right to purchase under section 61, or any of his successors in title, who sells or otherwise disposes of the house (except as provided for in section 73) before the expiry of 3 years from the date of service of a notice of acceptance by the tenant under section 66, shall be liable to repay to the landlord, in accordance with subsection (3), a proportion of the difference between the market value determined, in respect of the house, under section 62(2) and the price at which the house was so purchased.
[F1(1A)Where a tenant has served on the landlord a notice under section 66A(1), the commencement of the period of 3 years referred to in subsection (1) shall be backdated by a period equal to the time (or, where section 66C(1) applies, the aggregate of the times) during which, by virtue of section 66A(2), any payment of rent falls to be taken into account.]
(2)Subsection (1) applies to the disposal of part of a house except in a case where—
(a)it is a disposal by one of the parties to the original sale to one of the other parties; or
(b)the remainder of the house continues to be the only or principal home of the person disposing of the part.
(3)The proportion of the difference which shall be paid to the landlord shall be—
(a)100 per cent. where the disposal occurs within the first year after the date of service of notice,
(b)66 per cent. where it occurs in the second such year, and
(c)33 per cent. where it occurs in the third such year.
(4)Where as regards a house or part of a house there is, within the period mentioned in subsection (1), more than one disposal to which that subsection would (apart from the provisions of this subsection) apply, that subsection shall apply only in relation to the first such disposal of the house, or part of the house.
(5)Where a landlord secures the liability to make a repayment under subsection (1) the security shall, notwithstanding section 13 of the M1Conveyancing and Feudal Reform (Scotland) Act 1970, have priority immediately after—
(a)any standard security granted in security of a loan either—
(i)for the purchase of the house, or
(ii)for the improvement of the house,and any interest present or future due thereon (including any such interest which has accrued or may accrue) and any expenses or outlays (including interest thereon) which may be, or may have been, reasonably incurred in the exercise of any power conferred on the lender by the deed expressing the said standard security; and
(b)if the landlord consents, a standard security over the house granted in security of any other loan, and in relation thereto any such interest, expenses or outlays as aforesaid.
(6)For the avoidance of doubt, paragraph (a) of subsection (5) applies to a standard security granted in security both for the purpose mentioned in sub-paragraph (i) and for that mentioned in sub-paragraph (ii) as it applies to a standard security so granted for only one of those purposes.
(7)The liability to make a repayment under subsection (1) shall not be imposed as a real burden in a disposition of any interest in the house.
F1S. 72(1A) inserted (27.9.1993) by 1993 c. 28, s. 145; S.I. 1993/2163, art. 2, Sch. 1.
C1S. 72 modified (13.3.1992) by S.I. 1992/325, regs. 3, 5, 7, Sch. 1
M11970 c. 35.
(1) There shall be no liability to make a repayment under section 72(1) where the disposal is made—
(a) by the executor of the deceased owner acting in that capacity; or
(b) as a result of a compulsory purchase order; or
(c) in the circumstances specified in subsection (2).
(2) The circumstances mentioned in subsection(1)(c) are that the disposal—
(a) is to member of the owner’s family who has lived with him for a period of 12 months before the disposal; and
(b) is for no consideration:
Provided that, if the disponee disposes of the house before the expiry of the 3 year period mentioned in section 72(1), the provisions of tht section will apply to him as if this was the first disposal and he was the original purchaser.
C1S. 73 modified (13.3.1992) by S.I. 1992/325, regs. 3, 5, 7, Sch. 1
F1Ss. 73A-73D and crossnote inserted (27.9.1993) by 1993 c. 28, s. 142; S.I. 1993/2163, art. 2, Sch. 1.
F1Ss. 73A-73D repealed (30.9.2002) by 2001 asp 10, s. 51(1); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
F1Ss. 73A-73D repealed (30.9.2002) by 2001 asp 10, s. 51(1); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
F1Ss. 73A-73D repealed (30.9.2002) by 2001 asp 10, s. 51(1); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
F1Ss. 73A-73D repealed (30.9.2002) by 2001 asp 10, s. 51(1); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
It shall be the duty of every landlord of a house to which sections 61 to 84 F1. . . apply to make provision for the progression of applications under those sections in such manner as may be necessary to enable any tenant who wishes to exercise his rights under this Part to do so, and to comply with any regulations which may be made by statutory instrument by the Secretary of State in that regard.
F1Words in s. 74 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(12); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
C1S. 74 modified (13.3.1992) by S.I. 1992/325, regs. 3, 5, 7, Sch. 1
(1)Subject to sections 61(1) F1. . . and 72(1)—
(a)no person exercising or seeking to exercise a right to purchase under section 61(1) shall be obliged, notwithstanding any agreement to the contrary, to make any payment to or lodge any deposit with the landlord which he would not have been obliged to make, or as the case may be lodge, had he not exercised (or sought to exercise) the right to purchase;
(b)a landlord mentioned in section 61(2)(a)(i) or (ii) is required neither to enter into, nor to induce (or seek to induce) any person to enter into, such agreement as is mentioned in paragraph (a), or into any agreement which purports to restrict that person’s rights under this Part.
(2)Paragraph (a) of subsection (1) does not apply to the expenses in any court proceedings.
F1Words in s. 75(1) repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(13); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
C1S. 75 modified (13.3.1992) by S.I. 1992/325, regs. 3, 5, 7, Sch. 1
F1S. 75A repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(14); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
F1S. 76 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(14); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
(1)Subject to subsection (2), where, but for the fact that a landlord is not the heritable proprietor of land on which houses have been let (or made available for letting) by it, one or more of its tenants would have a right to purchase under section 61, the Secretary of State may by order made by statutory instrument provide that the whole of the heritable proprietor’s interest in the land shall vest in the landlord.
(2)An order under this section shall only be made where—
(a)heritable proprietor is a body mentioned in paragraph (a) of section 61(2); and
(b)the Secretary of State is of the opinion, after consultation with the heritable proprietor and with the landlord, that the order is necessary if the right to purchase is to come into being.
(3)An order under this section shall have the same effect as a declaration under [F1section 195 of the Town and Country Planning (Scotland) Act 1997] (general vesting declarations), except that, in relation to such an order, the enactments mentioned in Schedule 6 shall have effect subject to the modifications specified in that Schedule.
(4)Compensation under the M1Land Compensation (Scotland) Act 1963, as applied by subsection (3) and Schedule 6 shall be assessed by reference to values current on the date the order under this section comes into force.
(5)An order under this section shall have no effect until approved by resolution of each House of Parliament.
F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)An order under this section may include such incidental, consequential or supplementary provisions as may appear to the Secretary of State to be necessary or expedient for the purposes of this Act.
F1Words in s. 77(3) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 40(1)
F2S. 77(6) repealed (27.7.2000) by S.I. 2000/2040, arts. 1(1), 2(1)(2), Sch.Pt. I para. 13 Pt.III
M11963 c. 51.
(1)Where it appears to the Secretary of State that the inclusion of conditions of a particular kind in offers to sell would be unreasonable he may by direction require landlords generally, landlords of a particular description, or particular landlords not to include conditions of that kind (or not to include conditions of that kind unless modified in such manner as may be specified in the direction) in offers to sell served on or after a date so specified.
(2)Where a condition’s inclusion in an offer to sell—
(a)is in contravention of a direction under subsection (1) or
(b)in a case where the tenant has not by the date specified in such a direction served a relative notice of acceptance on the landlord, would have been in such contravention had the offer to sell been served on or after that date,
the condition shall have no effect as regards the offer to sell.
(3)A direction under subsection (1) may—
(a)make different provision in relation to different areas, cases or classes of case and may exclude certain areas, cases or classes of case; and
(b)be varied or withdrawn by a subsequent direction so given.
(4)Section 211 of the M1Local Government (Scotland) Act 1973 (provision for default of local authority) shall apply as regards a failure to comply with a requirement in a direction under subsection (1) as that section applies as regards such failure as is mentioned in subsection (1) thereof.
C1S. 78 modified (13.3.1992) by S.I. 1992/325, regs. 3, 5, 7, Sch. 1
M11973 c. 65.
(1)Where, in relation to any proceedings, or prospective proceedings, to which this section applies, a tenant or purchaser is an actual or prospective party, the Secretary of State may on written application to him by the tenant or purchaser give financial or other assistance to the applicant, if the Secretary of State thinks fit to do so:
Provided that assistance under this section shall be given only where the Secretary of State considers—
(a)that the case raises a question of principle and that it is in the public interest to give the applicant such assistance; or
(b)that there is some other special consideration.
(2)This section applies to—
(a)any proceedings under sections 61 to 84 F1. . .; and
(b)any proceedings to determine any question arising under or in connection with those sections other than a question as to market value for the purposes of section 62.
(3)Assistance by the Secretary of State under this section may include—
(a)giving advice;
(b)procuring or attempting to procure the settlement of the matter in dispute;
(c)arranging for the giving of advice or assistance by a solicitor or counsel;
(d)arranging for representation by a solicitor or counsel;
(e)any other form of assistance which the Secretary of State may consider appropriate.
(4)In so far as expenses are incurred by the Secretary of State in providing the applicant with assistance under this section, any sums recovered by virtue of an award of expenses, or of an agreement as to expenses, in the applicant’s favour with respect to the matter in connection with which the assistance is given shall, subject to any charge or obligation for payment in priority to other debts under the M1Legal Aid (Scotland) Act 1986 and to any provision of that Act for payment of any sum into the Scottish Legal Aid Fund, be paid to the Secretary of State in priority to any other debts.
(5)Any expenses incurred by the Secretary of State in providing assistance under this section shall be paid out of money provided by Parliament; and any sums received by the Secretary of State under subsection (4) shall be paid into the Consolidated Fund.
F1Words in s. 79(2)(a) repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(15); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
C1S. 79 modified (13.3.1992) by S.I. 1992/325, regs. 3, 5, 7, Sch. 1
M11986 c.47.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
F1S. 80 repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 168(4), 194(4), Sch. 12 Pt.II
(1)Without prejudice to section 199 of the M1Local Government (Scotland) Act 1973 (reports and returns by local authorities etc.), where it appears to the Secretary of State necessary or expedient, in relation to the exercise of his powers under sections 61 to 84 F1. . ., he may by notice in writing to a landlord require it—
(a)at such time and at such place as may be specified in the notice, to produce any document; or
(b)within such period as may be so specified or such longer period as the Secretary of State may allow, to furnish a copy of any document or supply any information.
(2)Any officer of the landlord designated in the notice for that purpose or having custody or control of the document or in a position to give that information shall, without instructions from the landlord, take all reasonable steps to ensure that the notice is complied with.
F1Words in s. 81(1) repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(16); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
M11973 c.65.
F1S. 81A and cross heading inserted (21.2.1992) by Housing Act 1988 (c. 50, SIF 61), s. 128; S.I. 1992/324, art. 2
F1S. 81A repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(17); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
F1S. 81B and cross heading inserted (21.2.1992) by Housing Act 1988 (c. 50, SIF 61), s. 135(1)(3); S.I. 1992/324, art. 2
F1S. 81B repealed (19.12.2001) by 2001 asp 10, s. 112, Sch. 10 para. 13(17); S.S.I. 2001/467, art. 2(2), Sch. Table (subject to art. 3)
In this Part and in sections 14, 19, [F1and 20], except where provision is made to the contrary,
“application to purchase” has the meaning assigned to it by section 63;
“family” and any reference to membership thereof shall be construed in accordance with section 83;
“fire authority” means a fire authority for the purposes of the M1Fire Services Acts 1947 to 1959 or a joint committee constituted by virtue of section 36(4)(b) of the Fire Services Act 1947;
“heritable proprietor”, in relation to a house, includes any landlord entitled under section 3 of the M2Conveyancing (Scotland) Act 1924 (disposition of the dwelling-house etc. by persons uninfeft) to grant a disposition of the house;
“housing co-operative” has the meaning assigned to it by section 22;
“landlord” means a person who lets a house to a tenant for human habitation, and includes his successors in title;
“offer to sell” has the meaning assigned to it by section 63(2) and includes such offer to sell as is mentioned in section 71(1)(d);
“police authority” means a police authority in Scotland within the meaning of section 2(1) or 19(9)(b) of the M3Police (Scotland) Act 1967 or a joint police committee constituted by virtue of subsection (2)(b) of the said section 19 and any police authority constituted in England and Wales or Northern Ireland under corresponding legislation;
F2. . .
F2. . .
“secure tenancy” means a secure tenancy within the meaning of section 44;
“tenancy” means any agreement under which a house is made available for occupation for human habitation, and “leases”, “let” and “lets” shall be construed accordingly;
“tenant” means a person who leases a house from a landlord and who derives his right therein directly from the landlord, and in the case of joint tenancies means all the tenants.
F1Words in s. 82 substituted (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(18)(a); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
F2Definitions of
“rent to loan purchaser”
and
“rent to loan scheme”
in s. 82 repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 13(18)(b); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
C1S. 82 modified (13.3.1992) by S.I. 1992/325, regs. 3, 5, 7, Sch. 1
M11947 c.41.
M21924 c. 27.
M31967 c.77.
(1)A person is a member of another’s family for the purposes of this Act if—
(a)he is the spouse of that person or he and that person live together as husband and wife [F1or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex]; or
(b)he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.
(2)For the purposes of subsection (1)(b)—
(a)a relationship by marriage shall be treated as a relationship by blood;
(b)a relationship of the half-blood shall be treated as a relationship of the whole blood;
(c)the stepchild of a person shall be treated as his child; and
[F2(ca)a person brought up or treated by another person as if the person were the child of the other person shall be treated as that person’s child;]
(d)a child shall be treated as such whether or not his parents are married.
Housing (Scotland) Act 1987