Housing (Scotland) Act 1986

Amendment of Tenants' Rights, Etc. (Scotland) Act 1980

Extension of right to purchase and of " secure tenancy ",

1

• (1) In section 1(3) of the 1980 Act (dwelling-houses to which right to purchase applies), for the words " of paragraphs (a), (b), (c) or (f)" there shall be substituted the words " paragraph, other than (g), ".

• (2) In section 10(2) of the 1980 Act (landlords in secure tenancies)—

• (a) after paragraph (a) there shall be inserted the following paragraph—

(aa) a regional council, or a joint board or joint committee of two or more regional councils, or any trust under the control of a regional council ;

; and

• (b) after paragraph (g) there shall be inserted the following paragraphs—

(h) a police authority within the meaning of section 2(1), as read with subsection (9)(b) of section 19, of the Police (Scotland) Act 1967 or a joint police committee constituted by virtue of subsection (2)(b) of the said section 19 ; and (i) a fire authority in Scotland for the purposes of the Fire Services Acts 1947 to 1959 (or a joint committee constituted by virtue of section 3 6 (4) (b) of the Fire Services Act 1947).

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Increased discount where dwelling-house purchased is a flat

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• (1) Subject to subsection (3) below, in section 1(5)(b) of the 1980 Act (discount for purposes of calculation of purchase price of dwelling-house)—

• (a) in sub-paragraph (i), after the words " 32 per cent," there shall be inserted the words " , or where the dwelling-house is a flat 44 per cent., ";

• (b) in sub-paragraph (ii), after the words " one per cent." there shall be inserted the words " , or where the dwelling-house is a flat two per cent., ";

• (c) after the words "60 per cent." there shall be inserted the words " , or where the dwelling-house is a flat 70 per cent., "; and

• (d) at the end there shall be added the words " For the purposes of the foregoing provisions of this paragraph a " flat " is a separate and self-contained set of premises, whether or not on the same floor, forming part of a building from some other part of which it is divided horizontally.".

• (2) Subject to subsection (3) below, in section 9A of the 1980 Act (application of Part I of that Act when dwelling-house is repurchased as defective), after the words "' 30 per cent.';" there shall be inserted the words " (AA) for the words ' 44 per cent.' there shall be substituted the words ' 40 per cent.'; ".

• (3) Subsections (1) and (2) above shall have no effect as regards the exercise of a right to purchase by application under section 2(1) of the 1980 Act if the offer to sell has been duly served (whether by the landlord or, under section 7(3)(a) of that Act, by the Lands Tribunal for Scotland) before the date of coming into force of this section.

Amendment of date after which certain restrictions may apply as regards price fixed for purchase of dwelling-house; and extension of those restrictions

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• (1) Subject to subsection (6) below, in subsection (7) of section 1 of the 1980 Act (fixing of price at which tenant entitled to purchase dwelling-house)—

• (a) for the words " 15 May 1975 " there shall be substituted the words " 31 December 1978 "; and

• (b) in paragraph (a), for the words " in providing the dwelling-house " there shall be substituted the words—

after that date (either or both)— (i) in providing; (ii) in making improvements (other than by way of repair or maintenance) to, the dwelling-house

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• (2) Subject to subsection (6) below, after the said subsection (7) there shall be inserted the following subsection—

(7A) Where the dwelling-house was first let under a tenancy which, if Part II of this Act had then been in force, would have been a secure tenancy, on or before the date mentioned in subsection (7) above but an outstanding debt has been incurred after that date in making improvements (other than by way of repair or maintenance) to the dwelling-house, the price fixed under subsection (5) above shall not be less than— (a) that outstanding debt; or (b) the market value of the dwelling-house determined under subsection (5)(a) above, whichever is the lesser except in such cases as the Secretary of State may, by order made as is mentioned in subsection (7) above, prescribe.

.

• (3) Subject to subsection (6) below, in subsection (8) of the said section 1 (interpretation of " outstanding debt ")—

• (a) after the word "means" there shall be inserted the words " , in relation to paragraph (a)(i) of that subsection, "; and

• (b) at the end there shall be added the words

; and (e) where the landlord is a body mentioned in paragraph (d) or (e) of section 10(2) of this Act, any proportion of capital grants which it must repay on the dwelling-house being sold ; but in relation to paragraph (a)(ii) of that subsection and in subsection (7A) above its meaning is confined to any undischarged debt arising from the cost of the works of improvement together with— (i) administrative costs attributable to those works : and (ii) where the landlord is such body as is mentioned in paragraph (e) above, any such proportion as is there mentioned.

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• (4) With the consent of the Treasury the Secretary of State may by order made by statutory instrument—

• (a) amend subsection (7) of the said section 1 so as to substitute a later date for—

• (i) the words substituted by subsection (1) above; or

• (ii) words substituted by virtue of this subsection ; or

• (b) provide that subsections (7)(a)(ii), (7A) and (8) of the said section 1 shall apply with such modifications as he may specify in the order;

and such order may make different provision in relation to different areas, cases or classes of case and may exclude certain areas, cases or classes of case.

• (5) A statutory instrument under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) The foregoing provisions of this section shall have no effect as regards the exercise of a right to purchase by application under section 2(1) of the 1980 Act if the offer to sell has been duly served (whether by the landlord or, under section 7(3)(a) of that Act, by the Lands Tribunal for Scotland) before the date of coming into force of this section.

Secretary of State's power to give directions as to conditions in offers to sell

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After section 4 of the 1980 Act there shall be inserted the following section—

(4A) (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) above; 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 cm or after that date, the condition shall have no effect as regards the offer to sell. (3) A direction under subsection (1) above 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 Local Government (Scotland) Act 1973 (provision for default erf local authority) shall apply as regards a failure to comply with a requirement in a direction under subsection (1) above as that section applies as regards such failure as is mentioned in subsection (1) thereof.

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Financial and other assistance for tenants involved in proceedings under Part I of 1980 Act etc.

5

After section 9A of the 1980 Act there shall be inserted the following section—

(9B) (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 this Part of this Act; and (b) any proceedings to determine any question arising under or in connection with this Part of this Act other than a question as to market value for the purposes of section 1(5) of this Act. (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 Legal Aid and Advice (Scotland) Acts 1967 and 1972 and to any provision of those Acts for payment of any sum into the 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) above shall be paid into the Consolidated Fund.

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Information from landlords in relation to Secretary of State's powers under Part I of 1980 Act

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After the section inserted into the 1980 Act by section 5 of this Act there shall be inserted the following section—

(9C) (1) Without prejudice to section 199 of the Local 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 this Part of this Act, 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.

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Contributions towards the cost of transfers and exchanges

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After section 25 of the 1980 Act there shall be inserted the following cross-heading and section—

(25A) (1) The Secretary of State may with the consent of the Treasury make out of money provided by Parliament grants or loans towards the cost of arrangements for facilitating moves to and from homes by which— (a) a secure tenant of one landlord (the " first landlord ") becomes, at his own request, the secure tenant of a different landlord (whether or not by means of an exchange whereby a secure tenant of the different landlord becomes the secure tenant of the first landlord); or (b) each of two or more tenants of dwelling-houses, one at least of which is let under a secure tenancy, becomes the tenant of the other dwelling house (or, as the case may be, of one of the other dwelling houses). (2) The grants or loans may be made subject to such conditions as the Secretary of State may determine, and may be made so as to be repayable (or, as the case may be, repayable earlier) if there is a breach of such a condition. (3) In subsection (1) above, the reference to a " secure tenant" is to a tenant under a secure tenancy within the meaning of this Act or of the Housing Act 1985 or of Chapter II of Part II of the Housing (Northern Ireland) Order 1983.

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Duty of housing association to make rules governing housing list etc.

8

For subsection (1A) of section 27 of the 1980 Act (publication of rules as to housing lists etc.) there shall be substituted the following subsections—

(1A) It shall be the duty of every registered housing association (within the meaning of the Housing Associations Act 1985)— (a) within the period of six months commencing with the date of coming into force of section 8 of the Housing (Scotland) Act 1986 to make rules governing the matters mentioned in paragraphs (a) to (d) of subsection (1) above (unless it has, in accordance with subsections (2) and (2A) below, published such rules before that date and those rules remain current); (b) within six months of the making of rules under paragraph (a) above, and within six months of any alteration of such rules (whether or not made under that paragraph)— (i) to send a copy of them to each of the bodies mentioned in subsection (1B) below; and (ii) to publish them in accordance with subsections (2) and (2A) below. (1B) The bodies referred to in subsection (lA)(b)(i) above are— (i) the Housing Corporation ; and (ii) every islands or district council within whose area there is a dwelling house let, or to be let, by the association under a secure tenancy.

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Extension of power of islands and district councils to indemnify certain heritable creditors

9

In section 31 of the 1980 Act (local authority indemnities for building societies)—

• (a) in subsection (1)—

• (i) after the words "(Northern Ireland) 1967)" and, at the second and third places where they occur, " building society " there shall in each case be inserted the words " or recognised body ";

• (ii) for the words " the standard security " there shall be substituted the words " a heritable security ";

• (b) in subsection (2) for the words "under the standard security" there shall be substituted the words " . or recognised body, under the heritable security ";

• (c) in subsection (5) after the words " building societies " there shall be inserted the words " or recognised bodies "; and

• (d) after subsection (5) there shall be inserted the following subsections—

(5A) In this section " recognised body " means a body designated, or of a class or description designated, in an order made under this subsection by statutory instrument by the Secretary of State with the consent of the Treasury. (5B) Before making an order under subsection (5A) above varying or revoking an order previously so made, the Secretary of State shall give an opportunity for representations to be made on behalf of a recognised body which, if the order were made, would cease to be such a body.".

Removal of restriction on security of tenure

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In Schedule 1 to the 1980 Act, paragraph 1 (tenancy not to be secure tenancy if for period exceeding 20 years) shall cease to have effect.

Restoration of ground for recovery of possession of dwelling-house

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In Schedule 2 to the 1980 Act (grounds for recovery of possession of dwelling-houses let under secure tenancies), after paragraph 5 there shall be inserted the following paragraph—

(6) The landlord wishes to transfer the secure tenancy of the dwelling-house to— (a) the tenant's spouse (or former spouse); or (b) a person with whom the tenant has been living as husband and wife, who has applied to the landlord for such transfer; and either the tenant or the (as the case may be) spouse, former spouse or person, no longer wishes to live together with the other in the dwelling-house.

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Further amendment of 1980 Act

12

The 1980 Act shall have effect subject to the amendments specified in Schedule 1 to this Act.

Amendment of Housing Associations Act 1985

Shared ownership agreements

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments etc. in community-based housing associations

14

After section 15 of the 1985 Act there shall be inserted the following section—