Written Question · S2W-28791 · Session 2
Whether a council tenant whose tenancy pre-dates the Housing (Scotland) Act 2001 and who moved after 30 September 2002 to a property in the…
The question
To ask the Scottish Executive whether a council tenant whose tenancy pre-dates the Housing (Scotland) Act 2001 and who moved after 30 September 2002 to a property in the ownership of either the same authority or a housing association that has received housing stock through a council housing stock transfer should be considered to have taken on a new tenancy and, consequently, to qualify for the right to buy under the Housing (Scotland) Act 2001 rather than the Housing (Scotland) Act 1987.
The answer
A tenant whose tenancypre-dates the Housing (Scotland) Act 2001and who has the Right to Buy retains that right for as long as they remain in thesame property.
Any tenant transferring to anew tenancy on or after 30 September 2002, assuming the new tenancy providesthe Right to Buy, would move to the ‘modernised’ Right to Buy, which was introducedby the Housing (Scotland) Act 2001.The ‘modernised’ Right to Buy permits a maximum discount of 35% or £15,000,whichever is lower. The ‘modernised’ Right to Buy rules apply to such newtenancies irrespective of whether the property has been the subject of ahousing stock transfer.
There are a small number ofexemptions to this general position which would enable a tenant to retain the Rightto Buy on pre-2001 Act terms and conditions when moving to another property. Theseare detailed in the Scottish Statutory Instrument 318 The Housing (Scotland) Act 2001 (Scottish Secure Tenancy Order etc.) Order 2002. For example, these exemptions include moves from propertieswhich are liable to demolition. In general, however, when a tenant moves toanother property, the original tenancy is considered to have been terminated.
Any tenant transferring to anew tenancy on or after 30 September 2002, assuming the new tenancy providesthe Right to Buy, would move to the ‘modernised’ Right to Buy, which was introducedby the Housing (Scotland) Act 2001.The ‘modernised’ Right to Buy permits a maximum discount of 35% or £15,000,whichever is lower. The ‘modernised’ Right to Buy rules apply to such newtenancies irrespective of whether the property has been the subject of ahousing stock transfer.
There are a small number ofexemptions to this general position which would enable a tenant to retain the Rightto Buy on pre-2001 Act terms and conditions when moving to another property. Theseare detailed in the Scottish Statutory Instrument 318 The Housing (Scotland) Act 2001 (Scottish Secure Tenancy Order etc.) Order 2002. For example, these exemptions include moves from propertieswhich are liable to demolition. In general, however, when a tenant moves toanother property, the original tenancy is considered to have been terminated.
In the Official Report
No contribution in the Official Report cites S2W-28791 by reference.