Housing (Scotland) Act 1988

• (4) For the purposes of this section, the interest of a landlord under a tenancy is held by a public body at a time when—

• (a) it belongs to a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council; or

• (aa) it belongs to Scottish Water;

• (c) it belongs to a development corporation within the meaning of the New Towns (Scotland) Act 1968 (including an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980); or

• (d) it belongs to the Scottish Special Housing Association; or

• (e) it belongs to Scottish Homes; ...

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) it belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department.

• (5) In this section—

• (a) “housing association tenancy” means a tenancy to which Part VI of the Rent (Scotland) Act 1984 applies; and

• (b) “protected tenancy” has the same meaning as in that Act.

Statutory tenants: succession

46

• (1) In section 3 of the Rent (Scotland) Act 1984 (which makes provision as to statutory tenants and tenancies) in subsection (1) after the word “sections” there shall be inserted “3A,”.

• (2) After section 3 of that Act there shall be inserted the following section—

(3A) (1) Where the person who is the original tenant, within the meaning of Schedule 1 to this Act, dies after the commencement of section 46 of the Housing (Scotland) Act 1988, the provisions of Schedule 1A to this Act shall have effect for determining what person (if any) is entitled to a statutory or statutory assured tenancy of the dwelling-house. (2) Where subsection (1) above does not apply but the person who is the first successor, within the meaning of the said Schedule 1, dies after the commencement of the said section 46, the provisions of Schedule 1B to this Act shall have effect for determining what person (if any) is entitled to a statutory assured tenancy of the dwelling-house by succession. (3) In any case where, by virtue of any provision of the said Schedules 1A or 1B to this Act, a person becomes entitled to an assured tenancy of a dwelling–house by succession, that tenancy shall be a statutory assured tenancy arising by virtue of the said section 46.

.

• (3) Part I of Schedule 6 to this Act shall have effect for the purpose of inserting new Schedules 1A and 1B into the Rent (Scotland) Act 1984.

• (4) If and so long as a house is subject to an assured tenancy to which a person has become entitled by succession, section 18 of and Schedule 5 to this Act shall have effect subject to the modifications in Part II of Schedule 6 to this Act.

General provisions

Rent (Scotland) Act 1984 not to apply to tenancies subject to shared ownership agreements

47

• (1) In section 5 of the Rent (Scotland) Act 1984 (exclusion from being protected or statutory tenancy) after subsection (5) there shall be inserted the following subsection—

(5A) A tenancy which is a lease under a shared ownership agreement within the meaning of section 106(2) of the Housing Associations Act 1985 shall not be a protected tenancy.

.

• (2) In section 55 of that Act (tenancies to which sections 55 to 59 of that Act apply) after the word “above” there shall be inserted the words “but do not apply, and shall be deemed never to have applied, to a tenancy which is a lease under a shared ownership agreement within the meaning of section 106(2) of the Housing Associations Act 1985.”.

Rent assessment committees: procedure and information powers

48

• (1) In section 53 of the Rent (Scotland) Act 1984 (regulations of the Secretary of State) at the end of paragraph (b) of subsection (1) (procedure of rent officers ...) there shall be added the words “whether under this Act or the Housing (Scotland) Act 1988”.

• (2) The First-tier Tribunal may by notice in the prescribed form served on the landlord or the tenant require him to give to the First-tier Tribunal, within such period of not less than fourteen days from the service of the notice as may be specified in the notice, such information as it may reasonably require for the purposes of its functions.

• (3) If any person fails without reasonable excuse to comply with a notice served on him under subsection (2) above, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (4) Where an offence under subsection (3) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Information as to determination of rents

49

• (1) The First-tier Tribunal shall keep and make publicly available, in such manner as is specified in an order made by the Secretary of State, such information as may be so specified with respect to rents under assured tenancies which have been the subject of, or taken into account on, references or applications to, or determinations by, the First-tier Tribunal.

• (2) A copy of any information kept under subsection (1) above, purporting to be certified under the hand of an authorised officer of the First-tier Tribunal shall, unless the contrary is shown, be deemed to have been signed by such officer and be sufficient evidence of that information.

• (3) An order under subsection (1) above—

• (a) may prescribe the fees to be charged for the supply of a copy, including a certified copy, of any of the information kept by virtue of that subsection; and

• (b) may make different provision with respect to different cases or description of case, including different provision for different areas.

Powers of local authorities for the purposes of giving information

50

Any local authority shall have power to publish information, for the assistance of landlords and tenants, as to their rights and duties under the provisions of this Part of this Act and as to the procedure for enforcing those rights or securing the performance of those duties.

Application to Crown

51

• (1) Subject to subsection (2) below and paragraph 10 of Schedule 4 to this Act, this Part of this Act applies in relation to premises in which there subsists, or at any material time subsisted, a Crown interest as it applies in relation to premises in relation to which no such interest subsists or ever subsisted.

• (2) Sections 36 and 37 of this Act do not bind the Crown but sections 38 to 40 of this Act bind the Crown to the extent provided for in section 26 of the Rent (Scotland) Act 1984.

• (3) In this section “Crown interest” means an interest which belongs to Her Majesty in right of the Crown or to a government department, or which is held in trust for Her Majesty for the purposes of a government department.

Saving for common law as to effect of notice of termination upon tacit relocation

52

Nothing in this Part of this Act prejudices any rule of law relating to the effect of the giving of notice of termination of a lease upon the operation of tacit relocation.

Orders and regulations

53

• (1) Any power of the Secretary of State to make orders or regulations under this Part of this Act shall be exercised by statutory instrument.

• (2) A statutory instrument containing any order or regulation under this Part, other than an order under section 35 or 41 above or regulations under section 18(4A)(b) or regulations under section 25ZA, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) Orders or regulations under this Part may make different provision for different cases or circumstances or different areas and may contain such incidental, supplemental or transitional provisions as the Secretary of State thinks fit.

Notice under Part II

54

A notice served under this Part of this Act on a person or notice so given to him may be served or given —

• (a) by delivering it to him;

• (b) by leaving it at his last known address; or

• (c) by sending it by recorded delivery letter to him at that address.

Interpretation of Part II

55

• (1) In this Part of this Act, except where the context otherwise requires—

• “council tax” means the tax payable under the Local Government Finance Act 1992;

• “First-tier Tribunal” means the First-tier Tribunal for Scotland;

• “First-tier Tribunal” means the First-tier Tribunal for Scotland Housing and Property Chamber;

• “house” includes a part of a house;

• “landlord” includes any person from time to time deriving title from the original landlord and also includes, in relation to a house, any person other than a tenant who is, or but for the existence of an assured tenancy would be, entitled to possession of the house;

• “let” includes “sub-let”;

• “order for possession” means decree of removing or warrant of ejection or other like order; and “proceedings for possession” shall be construed accordingly;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “statutory assured tenancy” shall be construed in accordance with section 16(1) of this Act;

• “tenancy” includes “sub-tenancy” and an agreement for a tenancy or sub-tenancy; ...

• “tenant” includes a sub-tenant and any person deriving title from the original tenant or sub-tenant; and

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Any reference in this Part of this Act to the beginning of a tenancy is a reference to the day when the lease of the house let on the tenancy commences.

• (3) Where two or more persons jointly constitute either the landlord or the tenant in relation to a tenancy, then, except where otherwise provided, any reference in this Part of this Act to the landlord or to the tenant is a reference to all the persons who jointly constitute the landlord or the tenant, as the case may require.

Part III — Change of Landlord: Secure Tenants

Right conferred by Part III

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons by whom right may be exercised

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to exercise rights conferred by this Part and offer to sell

58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variation of conditions

59

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of acceptance

60

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Refusal of applications

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reference to Lands Tribunal

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consent for subsequent disposals

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extension etc. of relevant periods

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV — Miscellaneous and General

“Cost floor” limit on discount on price of house purchased by secure tenant

65

• (1) In subsection (1) of section 62 of the Housing (Scotland) Act 1987 (purchase price of house being purchased in pursuance of tenant’s right) for the words “subsections (7) and (8)” there shall be substituted the words “subsection (6A)”.

• (2) For subsections (7) to (9) of that section there shall be substituted the following subsections—

(6A) Except where the Secretary of State so determines, the discount for the purpose of subsection (1) shall not reduce the price below the amount which, in accordance with a determination made by him, is to be taken as representing so much of the costs incurred in respect of the house as, in accordance with the determination, is to be treated as— (a) incurred in the period commencing with the beginning of the financial year of the landlord which was current 5 years prior to the date of service of the application to purchase the house or such other period as the Secretary of State may by order provide; and (b) relevant for the purposes of this subsection, and, if the price before discount is below that amount, there shall be no discount. (6B) An order under subsection (6A) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and may make different provision in relation to different cases or circumstances or different areas.

.

• (3) In subsection (10) of that section, for “(9)” there shall be substituted “(6A)”.

• (4) Subsections (11) to (13) of that section shall cease to have effect.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The said sections 62 and 76 shall, however, continue to apply as originally enacted in relation to the price of a house in respect of which the offer to sell (within the meaning of section 63 of the Housing (Scotland) Act 1987) was served on the tenant prior to the commencement of this section; but nothing in this subsection restricts the power of the tenant to withdraw his application to purchase or prejudices the effect of such withdrawal.

Schemes for payments to assist local authority tenants to obtain other accommodation

66

• (1) In accordance with a scheme made by a local authority and approved by the Secretary of State under this section, the authority may make grants to or for the benefit of qualifying tenants of the authority with a view to assisting each person to whom or for whose benefit a grant is made to obtain accommodation otherwise than as a tenant of the authority either—

• (a) by acquiring an interest in a house; or

• (b) by carrying out works to a house to provide additional accommodation; or

• (c) by both of those means.

• (2) A scheme under this section shall contain such provisions as the local authority considers appropriate together with any which the Secretary of State may require as a condition of his approval and, without prejudice to the generality, a scheme may include provisions specifying, or providing for the determination of—

• (a) the persons who are qualifying tenants for the purposes of the scheme;

• (b) the interests which qualifying tenants may be assisted to acquire;

• (c) the works for the carrying out of which grants may be made;

• (d) the circumstances in which a grant may be made for the benefit of a qualifying tenant;

• (e) the amount of the grant which may be made in any particular case and the terms on which it may be made;

• (f) the limits on the total number and amount of grants which may be made; and

• (g) the period within which the scheme is to apply.

• (3) The Secretary of State may approve a scheme made by a local authority under this section with or without conditions and, where a scheme has been approved, the authority shall take such steps as it considers appropriate to bring the scheme to the attention of persons likely to be able to benefit from it and shall take such other steps (if any) as the Secretary of State may direct in any particular case to secure publicity for the scheme.

• (4) The Secretary of State may revoke an approval of a scheme under this section by a notice given to the local authority concerned; and where such a notice is given, the revocation shall not affect the operation of the scheme in relation to any grants made or agreed before the date of the notice.

• (5) Where a scheme made by a local authority under this section has been approved, a person dealing with the authority shall not be concerned to see or enquire whether the terms of the scheme have been or are being complied with; and any failure to comply with the terms of a scheme shall not invalidate any grant purporting to be made in accordance with the scheme unless the person to whom the grant is made has actual notice of the failure.

• (6) In this section, “local authority” and “house” have respectively the meanings assigned to those expressions by section 338(1) of the Housing (Scotland) Act 1987.

Abolition and capitalisation of certain subsidies and contributions

67

• (1) No subsidy or contribution shall be made under the following provisions of the Housing (Scotland) Act 1987 (the “superseded provisions”)—

• (a) section 200 (slum clearance subsidy);

• (b) section 254 (contributions towards improvement grants, repairs grants and grants for fire escapes);

• (c) section 255 (contributions for improvement of amenities);

• (d) section 296 (contributions towards certain other expenses)

in respect of any expense or expenditure incurred by a local authority on or after 1st April 1989.

• (2) No claim for subsidy or contribution under any superseded provision in respect of or towards any expense or expenditure incurred by a local authority before 1st April 1989 shall be entertained by the Secretary of State unless—

• (a) it is received by him before 1st October 1989; and

• (b) any information reasonably required by him in relation to any such claim is received by him within two months after the receipt by him of the claim.

• (3) Where two or more periodic payments of a subsidy or contribution under a superseded provision would, apart from this subsection, fall to be made on or after 1st April 1989, these payments shall be capitalised and made as follows—

• (a) if one or more earlier such payments have been made before that date, the Secretary of State shall, instead of making the remaining payments, pay an amount equal to the appropriate percentage of the relevant capital amount;

• (b) if no earlier such payment has been made before that date, the Secretary of State shall, instead of making any such payments, pay such amount as appears to him to be equal to the appropriate percentage of the relevant expenditure.

• (4) In subsection (3) above—

• “the appropriate percentage”, in relation to a relevant capital amount, means the percentage specified in or under the superseded provision in relation to the subsidy or contribution to which the capital amount relates and, in relation to a subsidy or contribution, means the percentage specified in or under the superseded provision in relation to that subsidy or contribution;

• “the relevant capital amount”, in relation to a subsidy or contribution, means the sum of—

• (a) such amount as the Secretary of State considers would, on the date of his payment under subsection (3)(a) above, be payable by the local authority were they then to repay a loan, repayable over twenty years, taken out by them from the Treasury, as a local loan made under section 3 of the National Loans Act 1968, to meet their expense or, as the case may be, expenditure in respect of or towards which the subsidy or contribution was made; and

• (b) any other amount which he considers would be then payable on such repayment of that loan;

• (5) Payment made under subsection (3) above shall be—

• (a) applied in reduction or extinguishment of such debt (whether then payable or not) of the local authority as the Secretary of State thinks fit; or

• (b) made to the local authority; or

• (c) partly so applied and partly so made.

• (6) Payments made to a local authority under subsection (5) above shall be applied by them in the repayment of such debt and in such manner as the Secretary of State directs.

• (7) Notwithstanding the repeal by this Act of section 254 of the Housing (Scotland) Act 1987, subsection (4) of that section (obligation upon local authority to pay to Secretary of State sums recovered by them in consequence of breach of conditions of improvement grant or by way of voluntary repayment of such grant) shall continue to have effect in relation to expense incurred under that section by a local authority prior to 1st April 1989, being expense in respect of which contributions were made under that section.

• (8) Paragraph 1(b) of Schedule 16 to the Housing (Scotland) Act 1987 (duty of local authority to credit slum clearance subsidy to slum clearance revenue account) shall cease to have effect on 1st April 1989.

Abolition of local authority’s power to refer Part VII contracts to rent assessment committees

68

In section 65(1) of the Rent (Scotland) Act 1984 (which empowers the lessor, the lessee and the local authority to refer a Part VII contract to the First-tier Tribunal), the words “or the local authority” and in sections 66(1), 68 and 71 (1) of that Act the words “or the local authority” in each place where they occur shall cease to have effect.

Exclusion of SSHA, development corporations and co-operative housing associations from rent limitation under Part VI of Rent (Scotland) Act 1984

69

In section 61(1) of the Rent (Scotland) Act 1984, the definition of “housing association” shall have effect, and shall be deemed always to have had effect, with the addition at the end of the words

except that it does not include— (a) the Scottish Special Housing Association; (b) a development corporation (within the meaning of the New Towns (Scotland) Act 1968); or (c) a co-operative housing association within the meaning of the Housing Associations Act 1985.

.

Rent officers: additional functions relating to housing benefit etc

70

Power of development corporations to dispose of housing land

71

After section 18 of the New Towns (Scotland) Act 1968 there shall be inserted the following section—

(18AA) (1) Notwithstanding the provisions of sections 3 and 18 of this Act, a development corporation may sell their whole interest in any land (within or outside the area of the new town) held for housing purposes. (2) A development corporation shall not sell their interest in any land under this section without the consent of the Secretary of State, which may be given— (a) subject to conditions; (b) either generally to all development corporations or to a particular development corporation; (c) in relation either to particular land or to land of a particular description. (3) A development corporation shall not, except with the consent of the Secretary of State, sell their interest in any land under this section otherwise than on the best terms that can be reasonably obtained.

.

Amendments to the Housing (Scotland) Act 1987 and other enactments and repeals

72

• (1) The Housing (Scotland) Act 1987 shall have effect subject to the amendments to that Act specified in Schedules 7 and 8 to this Act (being, respectively, amendments connected with the consolidation of enactments effected by that Act and minor amendments) and shall be deemed always to have had effect subject to the amendments specified in the said Schedule 7.

• (2) The enactments specified in Schedule 9 to this Act shall have effect subject to the amendments there specified (being amendments consequential upon the provisions of this Act and other minor amendments).

• (3) The enactments specified in Schedule 10 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Finance

73

There shall be defrayed out of money provided by Parliament—

• (a) any expenses of the Secretary of State incurred under this Act;

• (b) any increase attributable to this Act in the sums so payable under any other enactment.

Short title, commencement and extent

74

• (1) This Act may be cited as the Housing (Scotland) Act 1988.

• (2) This Act shall come into force as follows–

• (a) section 69 and section 72 (so far as relating to Schedule 7) and this section and that Schedule, shall come into force on the day this Act is passed;

• (b) sections 36 to 40, 65, 67 and 71; and

• section 72 (so far as relating to Schedule 8 and to the entries in Schedule 10 in respect of sections 62(11) to (13) and 151 of the Housing (Scotland) Act 1987); and

• Schedule 8; and

• in Schedule 10, those entries;

shall come into force at the end of the period of two months beginning with the day on which this Act is passed;

• (c) section 72 (so far as relating to the entry in Schedule 10 relating to paragraph (1)(b) of Schedule 16 to the Housing (Scotland) Act 1987) and that entry shall come into force on 1st April 1989;

• (d) the remaining provisions shall come into force on such days as the Secretary of State may, by order made by statutory instrument, appoint and different days may be so appointed for different provisions or for different purposes.

• (3) An order under subsection (2) above may make such transitional provision as appears to the Secretary of State necessary or expedient in connection with the provisions brought into force by the order.

• (4) Subject to subsection (5) below, this Act extends to Scotland only.

• (5) So much of sections 3 and 72 and Schedules 2, 9 and 10 as relates to enactments extending to England and Wales, section 4 and Schedule 3 extend also to England and Wales.

SCHEDULE 1

Incorporation

1

Scottish Homes shall be a body corporate and shall have a common seal.

Status

2

Scottish Homes shall be a public body for the purposes of the Prevention of Corruption Acts 1889 to 1916.

3

It shall not—

• (a) be regarded as a servant or agent of the Crown;

• (b) have any status, immunity or privilege of the Crown;

• (c) be exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local,

and its property shall not be regarded as property of, or held on behalf of, the Crown.

Membership

4

• (1) The members of Scottish Homes shall be—

• (a) not more than 9 persons appointed by the Secretary of State; and

• (b) its chief executive (whose membership shall be ex officio).

• (2) The Secretary of State shall—

• (a) satisfy himself, before he appoints a person to be a member, that that person will have no such financial or other interest as is likely to affect prejudicially the performance of his functions as a member; and

• (b) satisfy himself from time to time with respect to each member that he has no such interest,

and a person who is a member or whom the Secretary of State proposes to appoint as a member shall, whenever requested by the Secretary of State to do so, furnish the Secretary of State with such information as he may consider necessary for the purpose of carrying out his duty under this paragraph.

5

• (1) The members of Scottish Homes (other than the chief executive) shall, subject to the following provisions, hold and vacate office in accordance with the terms of their appointment.

• (2) A member may resign his membership by written notice to the Secretary of State.

• (3) The Secretary of State may remove a member from office if he is satisfied that that member—

• (a) has been adjudged bankrupt, or made an arrangement with his creditors, or had his estate sequestrated, or granted a trust deed for his creditors or a composition contract;

• (b) is incapacitated by physical or mental illness;

• (c) has been absent from meetings of Scottish Homes for a period longer than 3 consecutive months without the permission of Scottish Homes;

• (d) is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member.

Chairman and Deputy Chairmen

6

• (1) The Secretary of State shall appoint one of the members of Scottish Homes to be chairman and may appoint one or more to be deputy chairman or deputy chairmen; and the chairman and deputy chairmen shall, subject to the following provisions, hold and vacate those offices in accordance with the terms of their appointment.

• (2) The chairman or a deputy chairman may resign his office by written notice to the Secretary of State.

• (3) If the chairman or a deputy chairman ceases to be a member of Scottish Homes, he also ceases to be chairman or a deputy chairman.

Remuneration, Allowances and Pensions

7

• (1) The Secretary of State may pay the chairman, a deputy chairman and members (other than the chief executive) of Scottish Homes such remuneration as he may . . . determine.

• (2) Scottish Homes may pay them such reasonable allowances as may be so determined in respect of expenses properly incurred by them in the performance of their duties.

• (3) Where a person (other than the chief executive) ceases to be a member of Scottish Homes otherwise than on the expiry of his term of office, and it appears to the Secretary of State that there are special circumstances which might make it right for that person to receive compensation, the Secretary of State may . . . direct Scottish Homes to make that person a payment of such amount as the Secretary of State may . . .determine.

8

The Secretary of State may . . . determine to pay in respect of a person’s office as chairman, deputy chairman or member (other than the chief executive) of Scottish Homes—

• (a) such pension, allowance or gratuity to, or in respect of, that person on his retirement or death as may be so determined; or

• (b) such contribution or other payments towards provision for such pension, allowance or gratuity as may be so determined.

Staff

9

The Secretary of State shall, after consultation with the chairman or person designated to be chairman, make the first appointment of the chief executive of Scottish Homes on such terms and conditions as he may . . .determine; and thereafter Scottish Homes may, with the approval of the Secretary of State, make subsequent appointments to that office on such terms and conditions as it may, with the approval of the Secretary of State . . .determine.

10

• (1) Subject to paragraph 11 below, Scottish Homes may appoint on such terms and conditions as it may, with the approval of the Secretary of State . . . determine, such other employees as it thinks fit.

• (2) Scottish Homes shall, in respect of such of its employees as it may determine, with the approval of the Secretary of State . . .make such arrangements for providing pensions, allowances or gratuities as it may determine; and such arrangements may include the establishment and administration, by Scottish Homes or otherwise, of one or more pension schemes.

• (3) The reference in sub-paragraph (2) above to pensions, allowances or gratuities in respect of employees of Scottish Homes includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any such employee who suffers loss of office or employment or loss or diminution of emoluments.

• (4) The Secretary of State . . . may, by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, make regulations providing for—

• (a) the transfer to, and administration by, Scottish Homes of any superannuation fund maintained by the Scottish Special Housing Association in terms of the provisions of any scheme made under section 7 of the Superannuation Act 1972;

• (b) the modification, for the purposes of the regulations, of the said section 7 or any scheme thereunder.

• (5) If an employee of Scottish Homes becomes a member of Scottish Homes and was by reference to his employment by Scottish Homes a participant in a pension scheme administered by it for the benefit of its employees—

• (a) Scottish Homes may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of Scottish Homes whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 8 above; but

• (b) if Scottish Homes determines as aforesaid, any discretion as to the benefits payable to or in respect of him which the scheme confers on Scottish Homes shall be exercised only with the consent of the Secretary of State . . ..

11

• (1) Scottish Homes shall, not later than such date as the Secretary of State may determine, make an offer of employment by it to each person employed immediately before that date by—

• (a) the Scottish Special Housing Association;

• (b) the Housing Corporation, in connection with its functions in Scotland,

and any question as to the persons to whom an offer of employment is to be made under this paragraph shall be determined by the Secretary of State.

• (2) The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.

• (3) An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.

12

• (1) Where a person becomes an employee of Scottish Homes in consequence of an offer made under paragraph 11 above, then, for the purposes of the Employment Rights Act 1996, his period of employment with the Scottish Special Housing Association or, as the case may be the Housing Corporation, shall count as a period of employment by Scottish Homes, and the change of employment shall not break the continuity of the period of employment.

• (2) Where an offer is made in pursuance of paragraph 11(1) above to any person employed as is mentioned in that paragraph, none of the agreed redundancy procedures applicable to such a person shall apply to him and where that person ceases to be so employed—

• (a) on becoming a member of the staff of Scottish Homes in consequence of that paragraph; or

• (b) having unreasonably refused the offer,

. . . he shall not be treated for the purposes of any scheme under section 24 of the Superannuation Act 1972 or any other scheme as having been retired on redundancy.

• (3) Without prejudice to sub-paragraph (2) above, where a person has unreasonably refused an offer made to him in pursuance of paragraph 11(1)(b) above the Housing Corporation shall not terminate that person’s employment unless it has first had regard to the feasibility of employing him in a suitable alternative position with it.

• (4) Where a person continues in employment in the Scottish Special Housing Association or, as the case may be, the Housing Corporation either—

• (a) not having unreasonably refused an offer made to him in pursuance of this paragraph; or

• (b) not having been placed in a suitable alternative position as mentioned in sub-paragraph (3) above,

he shall be treated for all purposes as if the offer mentioned in paragraph 11(1) above had not been made.

13

• (1) Any dispute as to whether an offer under sub-paragraph (1) of paragraph 11 above complies with sub-paragraph (2) of that paragraph shall be referred to and be determined by an employment tribunal.

• (2) An employment tribunal shall not consider a complaint referred to it under sub-paragraph (1) above unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months.

• (3) Subject to sub-paragraph (4) below there shall be no appeal from the decision of an employment tribunal under this paragraph.

• (4) An appeal to the Employment Appeal Tribunal may be made only on a question of law arising from the decision of, or in proceedings before, an employment tribunal under this paragraph.

Proceedings

14

The quorum of Scottish Homes and the arrangements for its meetings shall be such as it may determine, subject to any directions given by the Secretary of State.

15

• (1) A member who is directly or indirectly interested in a contract made or proposed to be made by Scottish Homes, or in any other matter whatsoever which falls to be considered by Scottish Homes, shall disclose the nature of his interest at a meeting of Scottish Homes, and the disclosure shall be recorded in the minutes of the meeting.

• (2) Such a member shall not—

• (a) in the case of any such contract, take part in any deliberation or decision of Scottish Homes with respect to the contract; and

• (b) in the case of any other matter, take part in any deliberation or decision of Scottish Homes with respect to it if Scottish Homes decides that the interest in question might prejudicially affect the member’s consideration of the matter.

• (3) For the purposes of this paragraph, a notice given by a member at a meeting of Scottish Homes to the effect that he is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any other matter whatsoever concerning the body corporate or firm which falls to be considered by Scottish Homes after that date, shall be a sufficient disclosure of his interest.

• (4) A member need not attend in person a meeting of Scottish Homes in order to make a disclosure which he is required to make under this paragraph, if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration at such a meeting.

16

The validity of any proceedings of Scottish Homes shall not be affected by any vacancy among its members or by any defect in the appointment of a member or by any failure to comply with any requirement of paragraph 15 above.

Committees

17

• (1) For and in connection with the discharge of its general functions or powers Scottish Homes may establish such committees (whose members need not be members of Scottish Homes) as appear to it to be appropriate, and the composition and remit of such committees and the terms on which their members hold office shall be determined by Scottish Homes.

• (2) Scottish Homes shall pay to members of any committee established under sub-paragraph (1) above who are not members of Scottish Homes travelling and other allowances, including compensation for loss of remunerative time, in accordance with arrangements to be determined by the Secretary of State . . ..

Execution of Documents

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

General

1

Subject to the following provisions of this Schedule, for any reference in any enactment, or in any instrument made under any enactment, to the Scottish Special Housing Association there shall be substituted a reference to Scottish Homes.

Parliamentary Commissioner Act 1967 c. 13.

2

In Schedule 2 (departments and authorities subject to investigation)—

• (a) at the appropriate place there shall be inserted “Scottish Homes”; and

• (b) after Note 8 there shall be inserted—

(8A) In the case of Scottish Homes no investigation shall be conducted under this Act in respect of any of its actions as a landlord.

.

House of Commons Disqualification Act 1975 c. 24.

3

In Schedule 1 (offices disqualifying for membership)—

• (a) in Part II after the entry relating to the Scottish Development Agency there shall be inserted “Scottish Homes”;

• (b) in Part III the entry relating to the Chairman, Deputy Chairman or member of the Council of Management of the Scottish Special Housing Association appointed at a salary shall cease to have effect.

Local Government (Scotland) Act 1975 c. 30.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rent (Scotland) Act 1984 c. 58.

5

In section 61(1) (interpretation), in the definition of “housing association”, paragraph (a) shall cease to have effect.

Housing Associations Act 1985 c. 69.

6

In section 1(1) (meaning of “housing association” etc.) at the end there shall be added—

; but does not include Scottish Homes.

.

Housing (Scotland) Act 1987 c. 26.

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

For section 23 (compulsory purchase of land by SSHA) there shall be substituted—

(23) A development corporation may for the purpose of securing the improvement of the amenities of a predominantly residential area within its designated area— (a) carry out any works on land owned by it; (b) with the agreement of the owner of any land, carry out or arrange for the carrying out of works on that land at his or its expense or in part at the expense of both; (c) assist (whether by grants or loans or otherwise) in the carrying out of works on land not owned by it; (d) acquire any land by agreement.

.

9

In section 61 (secure tenant’s right to purchase)—

• (a) in subsection (4)(e)(i) after the words “Housing Corporation” there shall be inserted the words “or by Scottish Homes”;

• (b) in subsection (8) for the words “and the Housing Corporation” in both places where they occur there shall be substituted the words “, the Housing Corporation and Scottish Homes”;

• (c) in subsection (9)—

• (i) after the words “Housing Corporation” there shall be inserted the words “or by Scottish Homes”;

• (ii) after the words “the Corporation” there shall be inserted the words “or, as the case may be, Scottish Homes”;

• (iii) after the words “3(1)” there shall be inserted the words “or, as the case may be, 3(1A)”;

• (d) in subsection (11) for paragraph (d) there shall be substituted the following paragraph—

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

10

In section 194 (grants payable to SSHA and development corporations)—

• (a) in subsection (1) the words “the Scottish Special Housing Association (“the Association”) and to” shall cease to have effect;

• (b) in subsection (2) the words “the Association and to” and “the Association, acting otherwise than as agents, or by” shall cease to have effect.

11

Section 196 (advances to SSHA for provision or improvement of housing accommodation) shall cease to have effect.

12

In section 202(7) (power of Secretary of State to reduce etc. particular Exchequer contributions) in the definition of “recipient authority” for the words from “, a housing” to “Association” there shall be substituted the words “or a housing association”.

13

In section 216(1) (house loans to tenants exercising right to purchase) for paragraph (b) there shall be substituted—

(b) in a case where the landlord is the Housing Corporation or a housing association registered in the register maintained by the Housing Corporation, to the Housing Corporation; (bi) in a case where the landlord is a housing association registered in the register maintained by Scottish Homes, to Scottish Homes;

.

14

In section 276 (repurchase by authority other than local authority) in the Table for the words “2. The Scottish Special Housing Association” there shall be substituted the words “2. Scottish Homes or the Scottish Special Housing Association”.

15

In Schedule 12 (termination of exchequer payments) in paragraph 2, Part III shall cease to have effect.

Local Government Act 1988 c. 9.

16

In section 1(1)—

• (a) after paragraph (j) there shall be inserted the word “and”;

• (b) paragraph (1) and the word “and” immediately preceding it shall cease to have effect.

17

In Schedule 2, the words “The Scottish Special Housing Association” shall be omitted.

SCHEDULE 3

1

• (1) For subsection (1) of section 3 there shall be substituted the following subsections—

(1) A register of housing associations shall be maintained by each of the following, namely— (a) the Housing Corporation; and (b) Scottish Homes, (in this Part referred to as registration authorities) and shall be open to inspection at their head office at all reasonable times. (1A) In this Part— - “the register”— in relation to a registration authority, means the register maintained under this section by that authority; in relation to a housing association which is registered or eligible for registration in a register maintained under this section, means that register; - “the registration authority”, in relation to a housing association which is registered or eligible for registration in a register maintained under this section, means the registration authority by whom that register is maintained.

.

• (2) In subsection (2) of that section for the words “the register of housing associations” there shall be substituted the words “a register”.

2

For subsection (1) of section 4 there shall be substituted the following subsections—

(1) A housing association is eligible for registration in the register maintained by the Housing Corporation if it is either a registered charity or a society registered under the 1965 Act which— (a) has its registered office for the purposes of that Act in England and Wales; and (b) fulfils the conditions in subsection (2). (1A) A housing association is eligible for registration in the register maintained by Scottish Homes if it is a society registered under the 1965 Act which— (a) has its registered office for the purposes of that Act in Scotland; and (b) fulfils the conditions in subsection (2).

.

3

• (1) In subsection (1) of section 5—

• (a) for the words “The Housing Corporation” there shall be substituted the words “A registration authority”;

• (b) after the word “registration”, in both places where it occurs, there shall be inserted the words “in the register,”;

• (c) for the words “the Corporation”, in both places they occur, there shall be substituted the words “the authority”.

• (2) For subsection (2) of that section there shall be substituted the following subsection—

(2) Nothing in subsection (1) shall require the registration authorities to establish the same criteria; and a registration authority may vary any criteria established by them under that subsection.

.

• (3) In subsection (3) of that section for the words “the Corporation” there shall be substituted the words “a registration authority”.

• (4) For subsection (4) of that section there shall be substituted the following subsection—

(4) Where at any time a body is, or was, on a register maintained under section 3, then, for all purposes other than rectification of that register, the body shall be conclusively presumed to be, or to have been, at that time a housing association eligible for registration in that register.

.

4

• (1) In subsection (2) of section 6 for the words “the Housing Corporation” there shall be substituted the words “a registration authority” and for the words “the Corporation” there shall be substituted the words “the authority”.

• (2) In subsections (3) to (5) of that section for the words “the Corporation” there shall be substituted—

• (a) in the first place where they occur in each subsection, the words “the registration authority”;

• (b) in each other place where they occur, the words “the authority”.

• (3) In subsection (4) of that section, after paragraph (a) there shall be inserted the following paragraph—

(aa) a grant or a loan under section 2(2) of the Housing (Scotland) Act 1988;

.

5

• (1) In subsection (1) of section 7 for the words from “a decision” to the end there shall be substituted the words

a decision to remove it from a register maintained under section 3 may appeal against that decision— (a) where it is a decision of the Housing Corporation, to the High Court; (b) where it is a decision of Scottish Homes, to the Court of Session.

.

• (2) In subsections (2) and (3) of that section for the words “the Corporation” there shall be substituted the words “the authority”.

6

• (1) In subsection (1) of section 9 for the words “the Housing Corporation, by order under the seal of the Corporation” there shall be substituted the words “the relevant authority”.

• (2) In subsections (2) and (3) of that section for the words “the Corporation”, in each place where they occur, there shall be substituted the words “the relevant authority”.

• (3) For subsection (5) of that section there shall be substituted the following subsection—

(5) For the purposes of this section— - “disposition” means sale, lease, mortgage, charge or any other disposal; - “the relevant authority”— in relation to a disposition of land by a registered housing association, means the registration authority; in relation to a disposition of grant-aided land in England and Wales by an unregistered housing association, means the Housing Corporation; in relation to a disposition of grant-aided land in Scotland by an unregistered housing association, means Scottish Homes; and the references in this section to the relevant authority’s consent are, in the case of the Housing Corporation, references to an order under its seal giving its consent and, in the case of Scottish Homes, references to its consent in writing.

.

7

In section 10(1) for the words from “the Charity Commissioners”, in the second place where they occur, to the end there shall be substituted the words

but before making an order in such a case, the Charity Commissioners shall— (a) where the land proposed to be disposed of is in England and Wales, consult the Housing Corporation; (b) where that land is in Scotland, consult Scottish Homes;

.

8

In section 13(3) for the words “the Housing Corporation” there shall be substituted the words “the registration authority”.

9

• (1) In subsection (1) of section 14 for the words “the Corporation” there shall be substituted the words “the registration authority”.

• (2) In subsection (2) of that section for the words “the Corporation” there shall be substituted the words “the registration authority”.

10

In section 15—

• (a) in subsection (2) at the end there shall be added the following paragraph—

(f) in the case of housing associations registered in the register maintained by Scottish Homes, payments made or benefits granted by such an association with the approval of Scottish Homes (which approval may be given only in relation to a class or classes of case).

;

• (b) in subsection (3) for the words “the Housing Corporation” there shall be substituted the words “the registration authority”.

11

In section 15A—

• (a) in subsection (3), for the words from “is”, where second occurring, onward there shall be substituted the words—

(a) was, prior to the specified date, designated as such by the Housing Corporation ; or (b) is, on or after that date, designated as such by Scottish Homes,

;

and, in this subsection, “specified date” has the same meaning as in section 3 of the Housing (Scotland) Act 1988; and

• (b) in subsection (4)—

• (i) for the words “The Housing Corporation” there shall be substituted the words “Scottish Homes”; and

• (ii) in paragraph (b) after the word “designation” there shall be inserted the words “(including a designation made by the Housing Corporation under subsection (3) above as originally enacted)”.

12

• (1) In subsection (1) of section 16 for the words “The Housing Corporation” there shall be substituted the words “The registration authority”.

• (2) In subsections (2) and (3) of that section for the words “the Corporation” there shall be substituted the words “the registration authority”.

• (3) In subsection (4) of that section for the words from “the order” to the end there shall be substituted the words

the order— (a) where it is an order of the Housing Corporation, to the High Court; (b) where it is an order of Scottish Homes, to the Court of Session.

.

13

In section 17 for the words “The Housing Corporation” there shall be substituted the words “The registration authority” and for the words “the Corporation”, in each place where they occur, there shall be substituted the words “the authority”.

14

• (1) In subsection (2) of section 19 for the words “the Housing Corporation” there shall be substituted the words “the registration authority”.

• (2) In subsection (3) of that section for the words “the Corporation’s consent, given by order under the seal of the Corporation” there shall be substituted the words “the registration authority’s consent”.

• (3) After subsection (3) of that section there shall be inserted the following subsection—

(3A) The reference in subsection (3) to the registration authority’s consent is, in the case of the Housing Corporation, a reference to an order under its seal giving its consent and, in the case of Scottish Homes, a reference to its consent in writing.

.

15

• (1) In subsections (2) and (5) of section 21 for the words “the Housing Corporation’s consent” and “the Corporation’s consent” there shall be substituted the words “the registration authority’s consent”.

• (2) In subsection (4) of that section for the words “the Corporation” there shall be substituted the words “the registration authority”.

• (3) For subsection (6) of that section there shall be substituted the following subsection—

(6) The references in this section to the registration authority’s consent are, in the case of the Housing Corporation, references to an order under its seal giving its consent and, in the case of Scottish Homes, references to its consent in writing.

.

16

In section 22(1) for the words “The Housing Corporation” there shall be substituted the words “The registration authority”.

17

• (1) In subsection (1) of section 23 for the words “the Housing Corporation” there shall be substituted the words “the registration authority” and for the words “the Corporation” there shall be substituted the words “the authority”.

• (2) In subsections (2) to (5) of that section for the words “the Corporation” there shall be substituted—

• (a) in the first place where they occur in each subsection, the words “the registration authority”;

• (b) in each other place where they occur, the words “the authority”.

18

In sections 24(4) and 27(2) for the words “the Housing Corporation” there shall be substituted the words “the registration authority”.

19

• (1) In subsection (1) of section 28 for the words “The Housing Corporation” there shall be substituted the words “The registration authority” and for the words “the Corporation’s staff” there shall be substituted the words “the authority’s staff”.

• (2) In subsection (4) of that section for the words “the Corporation”, in both places where they occur, there shall be substituted the words “the authority”.

20

In section 29 for the words “the Housing Corporation” there shall be substituted the words “the registration authority” and for the words “the Corporation”, in each place where they occur, there shall be substituted the words “the authority”.

21

• (1) In subsection (1) of section 30 for the words “the Housing Corporation” there shall be substituted the words “the registration authority” and for the words “the Corporation”, in both places where they occur, there shall be substituted the words “the authority”.

• (2) In subsections (2), (3) and (5) of that section for the words “the Corporation” there shall be substituted the words “the authority”.

• (3) In subsection (4) of that section for the words from “the order” to the end there shall be substituted the words

the order— (a) where it is an order of the Housing Corporation, to the High Court; (b) where it is an order of Scottish Homes, to the Court of Session.

.

22

• (1) In subsections (1) and (2) of section 32 for the words “the Housing Corporation” there shall be substituted the words “the registration authority” and for the words “the Corporation” there shall be substituted the words “the authority”.

• (2) In subsections (3) and (5) of that section for the words “the Corporation” there shall be substituted—

• (a) in the first place where they occur in each subsection, the words “the registration authority”;

• (b) in each other place where they occur, the words “the authority”.

23

In section 40, in the entry relating to “register” and related expressions after the word “registration” there shall be inserted the words “registration authority” and for the words “section 3(2)” there shall be substituted the words “section 3”.

24

In paragraph 1 of Schedule 2 for the words “the Housing Corporation” there shall be substituted the words “the registration authority”.

SCHEDULE 4

Tenancies entered into before commencement

1

A tenancy which is entered into before, or pursuant to a contract made before, this Schedule comes into force.

Tenancies at a low rent

2

• (1) A tenancy under which, at any time after this Schedule comes into force, either no rent is payable or the rent payable is less than that specified by order made by the Secretary of State, but no tenancy which is or, at any time, was an assured tenancy shall cease to be an assured tenancy by virtue only of this paragraph of this Schedule.

• (2) In determining whether the rent under a tenancy falls within sub-paragraph (1) above, there shall be disregarded such part (if any) of the sums payable by the tenant as is or was expressed (in whatever terms) to be payable in respect of services, repairs, maintenance or insurance, unless it could not have been regarded by the parties to the tenancy as a part so payable.

• (3) An order under sub-paragraph (1) above may specify different rents in relation to—

• (a) different kinds of houses;

• (b) different areas.

• (4) An order under sub-paragraph (1) above may specify rent by reference to such periods or times or such other factors or such combinations thereof as may be specified in the order.

Tenancies of shops

3

A tenancy to which the Tenancy of Shops (Scotland) Act 1949 applies.

Licensed premises

4

A tenancy under which the house consists of or comprises premises licensed for the sale of alcoholic liquor for consumption on the premises.

Tenancies of agricultural land

5

• (1) A tenancy under which agricultural land, exceeding two acres, is let together with the house.

• (2) In this paragraph “agricultural land” has the same meaning as in section 115(1) of the Rent (Scotland) Act 1984.

Tenancies of agricultural holdings

6

A tenancy under which the house—

• (a) is on or comprised in a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or in a lease constituting a short limited duration tenancy , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy (within the meaning of that Act); and

• (b) is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming of the and comprised in the lease.

Lettings to students

7

• (1) A tenancy which is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution and is so granted either by that institution or by another specified institution or body of persons.

• (2) In sub-paragraph (1) above “specified” means specified, or of a class specified, for the purposes of this paragraph by regulations made by the Secretary of State.

Holiday lettings

8

A tenancy the purpose of which is to confer on the tenant the right to occupy the house for a holiday.

Resident landlords

9

• (1) A tenancy in respect of which the following conditions are fulfilled—

• (a) that the house forms part only of a building;

• (b) subject to sub-paragraph (2) below, that the tenancy was granted by a person who, at the time when he granted it, occupied as his only or principal home another house which also forms part of the building;

• (c) that, at the time when the tenancy was granted, there was an ordinary means of access—

• (i) to or from the house by way of that other house; or

• (ii) to or from that other house by way of the house

(whether or not that access was available to the tenant as of right); and

• (d) subject to sub-paragraph (3) below, at all times since the tenancy was granted the interest of the landlord under the tenancy has belonged to a person who, at the time he owned that interest, occupied as his only or principal home another house which also formed part of the building.

• (2) The condition in sub-paragraph (1)(b) above shall be deemed to be fulfilled if the tenancy was granted by trustees and, at the time when the tenancy was granted, the interest of the landlord under the tenancy thereby created was held on trust for a person who was entitled to the liferent or to the fee or a share of the fee of that interest and who occupied as his only or principal home a house which forms part of the building referred to in sub-paragraph (1)(a) above.

• (3) In determining whether the condition in sub-paragraph (1)(d) above is at any time fulfilled with respect to a tenancy, there shall be disregarded—

• (a) any period of not more than 28 days beginning with the date of the conveyance of the interest of the landlord under the tenancy to an individual who, during that period, does not occupy as his only or principal home another house which forms part of the building concerned;

• (b) if, within a period falling within paragraph (a) above, the individual concerned notifies the tenant in writing of his intention to occupy as his only or principal home another such house as is referred to in that paragraph, the period beginning with the date of the conveyance mentioned in that paragraph and ending—

• (i) at the expiry of the period of 6 months beginning on that date; or

• (ii) on the date on which the interest of the landlord under the tenancy ceases to be held by that individual; or

• (iii) on the date on which the condition in sub-paragraph (1)(c) above again applies,

whichever is the earliest; and

• (c) any period of not more than 24 months beginning with the date of death of the landlord under the tenancy during which the interest of the landlord under the tenancy is vested in his executor.

• (4) Throughout any period which, by virtue of sub-paragraph (3)(a) or (b) above, falls to be disregarded for the purpose of determining whether the condition in sub-paragraph (1)(d) above is fulfilled with respect to a tenancy, no order for possession of the house subject to that tenancy shall be made, other than an order which might be made if that tenancy were or, as the case may be, had been an assured tenancy.

• (5) During any period—

• (a) when—

• (i) the interest of the landlord under the tenancy referred to in sub-paragraph (1) above is vested in trustees; and

• (ii) that interest is held on trust for a person who is entitled to the liferent or to the fee or a share of the fee of that interest and who occupies as his residence a house which forms part of the building referred to in sub-paragraph (1)(a) above;

• (b) of not more than 24 months beginning with the date of death of the occupier referred to in sub-paragraph (a)(ii) above and ending with the date of occupation of the house by any other person who is entitled to the liferent or to the fee or to a share of the fee of that interest,

the condition in sub-paragraph (1)(d) above shall be deemed to be fulfilled and, accordingly, no part of that period shall be disregarded by virtue of sub-paragraph (3) above.

• (6) This paragraph does not apply to a tenancy of a house which forms part of a building if the tenancy is granted to a person who, immediately before it was granted, was an assured tenant of that house or of any other house in that building.

• (7) For the purposes of this paragraph—

• (a) “conveyance” includes the grant of a tenancy and any other conveyance or transfer other than upon death;

• (b) “the date of the conveyance” means the date on which the conveyance was granted, delivered or otherwise made effective.

Crown tenancies

10

A tenancy under which the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department but not including such a tenancy if it is under the management of the Crown Estate Commissioners or if it is a tenancy to which section 90B(5) of the Scotland Act 1998 applies.

Local authority and other tenancies

11

A tenancy under which the interest of the landlord belongs to—

• (a) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council;

• (aa) Scottish Water;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) a co-operative housing association within the meaning of section 1 of the Housing Associations Act 1985; or

• (ea) a registered social landlord within the meaning of the Housing (Scotland) Act 2010 (asp 17).

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Shared ownership agreements

12

A tenancy under a shared ownership agreement within the meaning of section 83(3) of the Housing (Scotland) Act 2001 (asp 10).

Transitional cases

13

• (1) A protected tenancy within the meaning of the Rent (Scotland) Act 1984.

• (2) A housing association tenancy, being a tenancy to which Part VI of that Act applies.

• (3) A secure tenancy within the meaning of Part III of the Housing (Scotland) Act 1987.

• (4) A tenancy which is a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016.

SCHEDULE 5

Part I — Certain grounds on which First-tier Tribunal may order possession

Ground 1

Not later than the beginning of the tenancy the landlord (or, where there are joint landlords, any of them) gave notice in writing to the tenant that possession might be recovered on this Ground or the sheriff is of the opinion that it is reasonable to dispense with the requirement of notice and (in either case)—

Ground 2

The house is subject to a heritable security granted before the creation of the tenancy and—

Ground 3

The house is let under a tenancy for a specified period not exceeding eight months and—

and for the purposes of this Ground a tenancy shall be treated as being for a specified period—

Ground 4

Where the house is let under a tenancy for a specified period not exceeding 12 months and—

and for the purposes of this Ground a tenancy shall be treated as being for a specified period—

Ground 5

The house is held for the purpose of being available for occupation by a minister or a full-time lay missionary of any religious denomination as a residence from which to perform the duties of his office and—

Ground 6

The landlord who is seeking possession or, where the immediate landlord is a registered housing association within the meaning of the Housing Associations Act 1985, a superior landlord intends to demolish or reconstruct the whole or a substantial part of the house or to carry out substantial works on the house or any part thereof or any building of which it forms part and the following conditions are fulfilled (and in those conditions the landlord who is intending to carry out the demolition, reconstruction or substantial works is referred to as “the relevant landlord”)—

Ground 7

The tenancy has devolved under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant or, if the sheriff so directs, after the date on which, in his opinion, the landlord (or, where there are joint landlords, any of them) became aware of the former tenant’s death.

For the purposes of this Ground, the acceptance by the landlord of rent from a new tenant after the death of the former tenant shall not be regarded as creating a new tenancy, unless the landlord agrees in writing to a change (as compared with the tenancy before the death) in the amount of the rent, the period of the tenancy, the premises which are let or any other term of the tenancy.

Ground 8

Both at the date of the service of the notice under section 19 of this Act relating to the proceedings for possession and at the date of the hearing, at least three months rent lawfully due from the tenant is in arrears.

Part II — Further grounds on which First-tier Tribunal may order possession

Ground 9

Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.

Ground 10

The following conditions are fulfilled—

Ground 11

Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.

Ground 12

Some rent lawfully due from the tenant—

Ground 13

Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.

Ground 14

The condition of the house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any one of joint tenants or any person residing or lodging with him or any sub-tenant of his; and, in the case of acts of waste by, or the neglect or default of, a person lodging with a tenant or a sub-tenant of his, the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

In this Ground, “the common parts” means any part of a building containing the house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other houses.

Ground 15

The tenant or any other person residing or lodging with him in the house has been guilty of conduct in or in the vicinity of the house which is a nuisance or annoyance, or has been convicted of using the house or allowing the house to be used for immoral or illegal purposes.

Ground 16