Housing (Scotland) Act 1986
| Year | 1986 |
Housing (Scotland) Act 1986
1986 CHAPTER 65
An Act to amend the Tenants' Rights, Etc. (Scotland) Act 1980, the Housing Associations Act 1985 in its application to Scotland and the Building (Scotland) Act 1959; to make further provision as regards housing in Scotland; and for connected purposes.
[7th November 1986]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Amendment of Tenants' Rights, Etc. (Scotland) Act
1 Extension of right to purchase and of ‘secure tenancy’.
(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 36(4)(b ) of the Fire Services Act 1947).’.
2 Increased discount where dwelling-house purchased isa flat.
(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.
3 Amendment of date after which certain restrictionsmay apply as regards price fixed for purchase of dwelling-house; andextension of those restrictions.
(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’.
(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
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
(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.
4 Secretary of State's power to give directions as toconditions in offers to sell.
4. After section 4 of the 1980 Act there shall be inserted the following section—
4A ‘Further limitations on conditions of sale.
(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 on 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 of 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.’.
5 Financial and other assistance for tenants involvedin proceedings under Part I of 1980 Act etc.
5. After section 9A of the 1980 Act there shall be inserted the following section—
9B ‘Financial and other assistance for tenantsinvolved in proceedings under Part I etc.
(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, 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...
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