Tenants' Rights, Etc. (Scotland) Act 1980
| Year | 1980 |
Tenants' Rights, Etc.(Scotland) Act 1980
1980 CHAPTER 52
An Act to make provision for Scotland, in relation to dwelling-houses let by islands and district councils and by certain other bodies, for a tenant's right to purchase the dwelling-house which he occupies; to make provision, in relation to dwelling-houses let by islands and district councils and by certain other bodies, for a tenant's right to security of tenure and to a written lease; in relation to private sector tenancies, to make provision for a new category of short tenancies; and to make other provision in relation to housing, rents and connected matters.
[8th August 1980]
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:—
Part I
Dwelling-Houses which they OccupyRights of Public Sector Tenants to Purchase the
1 Secure tenant's right to purchase.
(1) Notwithstanding anything contained in any tenancy agreement, a tenant of a dwelling-house to which this section applies (or such one or more of joint tenants as may be agreed between them) shall, subject to this Part of this Act, have the right to purchase the dwelling-house at a price fixed under subsection (5) below.
(2) Where the spouse of a tenant or, where there is a joint tenancy, the spouse of a joint tenant, occupies the dwelling-house as his only or principal home but is not himself a joint tenant, the right to purchase the dwelling-house under subsection (1) above shall not be exercised without the consent of such spouse.
(3) Subject to subsection (11) below, this section applies to every dwelling-house let under a secure tenancy where the landlord is a body mentioned in any of paragraphs (a ), (b ), (c ) or (f ) of section 10(2) of this Act and, immediately prior to the relevant date, the tenant or, where there are joint tenants, any one of them has been for not less than 3 years in occupation of a dwelling-house or of a succession of dwelling-houses provided by any persons mentioned in subsection (10) below.
(4) A tenant may exercise his right to purchase, if he so wishes, together with one or more members of his family acting as joint purchasers, provided—
(a ) that such members are over the age of 18 years and at the relevant date the dwelling-house has been their only or principal home for a continuous period of 6 months, and their residence in the dwelling-house is not a breach of any obligation of the tenancy; or
(b ) where the requirements of paragraph (a ) above are not satisfied, the landlord has consented.
(5) Subject to subsection (7) below, the price at which a tenant shall be entitled to purchase a dwelling-house under this section shall be fixed by subtracting from the market value of the dwelling-house (determined in accordance with paragraph (a ) below) a discount calculated in accordance with paragraph (b ) below—
(a ) the market value for the purposes of this subsection shall be determined by—
(i) a qualified valuer nominated by the landlord and accepted by the tenant; or
(ii) the district valuer,
as if the dwelling-house were available for sale on the open market with vacant possession at the relevant date;
(b ) the discount for the purposes of this subsection shall be—
(ii) an additional one per cent of the said market value for every year beyond 3 of continuous occupation by the tenant or by any one of the joint tenants or by his spouse, immediately preceding the relevant date, of a dwelling-house or of a succession of dwelling-houses provided by any persons mentioned in subsection (10) below,
up to a maximum discount of 50 per cent of the said market value.
(6) For the purposes of subsection (5)(a ) above, no account shall be taken of any element in the market value of the house which reflects an increase in value as a result of work the cost of which would qualify for a reimbursement under section 24 of this Act.
(7) Where the dwelling-house was first let under a secure tenancy (or under a tenancy which, if Part II of this Act had then been in force, would have been a secure tenancy) after 15 May 1975, the price fixed under subsection (5) above shall not be less than—
(a ) the outstanding debt incurred in providing the dwelling-house; 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 by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, with the consent of the Treasury, prescribe.
(8) In subsection (7) above, ‘outstanding debt’ means any undischarged debt arising from—
(a ) the cost of the erection or acquisition of the dwelling-house; together with
(b ) the cost of acquisition of the site of the dwelling-house; and
(c ) the cost of works of improvement, alteration, or major structural repair; and
(d ) administrative costs attributable to the matters mentioned in paragraphs (a ) to (c ) above.
(9) Where at the date of service of an offer to sell under section 2 of this Act any of the costs referred to in subsection (8) above are not known, the landlord shall make an estimate of such unknown costs for the purposes of the said subsection.
(10) The persons referred to in subsection (3) above (right of purchase) and in subsection (5)(b )(ii) above (discount) are—
(a ) a regional, district or islands council in Scotland; any local authority in England and Wales or in Northern Ireland; and the statutory predecessors of any such council or authority, or the common good of any such council, or any trust under the control of any such council;
(b ) the Commission for the New Towns;
(c ) a development corporation established under an order made, or having effect as if made under the New Towns (Scotland) Act 1968 ; any development corporation established under corresponding legislation in England and Wales or in Northern Ireland; and the statutory predecessors of any such authority;
(d ) the Scottish Special Housing Association;
(e ) a housing co-operative within the meaning of section 5 of the Housing Rents and Subsidies (Scotland) Act 1975 or of paragraph 9 of Schedule 1 to the Housing Rents and Subsidies Act 1975 ;
(f ) the Development Board for Rural Wales;
(g ) the Northern Ireland Housing Executive or any statutory predecessor;
(h ) a police authority in Scotland within the meaning of section 2(1) or section 19(9)(b ) of the Police (Scotland) Act 1967 ; any police authority constituted under corresponding legislation in England and Wales or in Northern Ireland; and the statutory predecessors of any such authority;
(i ) a fire authority in the United Kingdom for the purposes of the Fire Services Acts 1947 to 1959; and the statutory predecessors of any such authority;
(j ) a water authority in Scotland as constituted under section 148 of the Local Government (Scotland) Act 1973 ; any water authority constituted under corresponding legislation in England and Wales or in Northern Ireland; and the statutory predecessors of any such authority;
(k ) the Secretary of State, where the dwelling-house was at the material time used for the purposes of the Scottish Prison Service or of a prison service for which the Home Office or the Northern Ireland Office have responsibility;
(l ) the Crown, in relation to accommodation provided in connection with service by the tenant or occupier as a member of the regular armed forces of the Crown;
(m ) the Secretary of State, where the dwelling-house was at the material time used for the purposes of a health board constituted under section 2 of the National Health Services (Scotland) Act 1978 or for the purposes of a corresponding board in England and Wales, or for the purposes of the statutory predecessors of any such board; or the Department of Health and Social Services for Northern Ireland, where the house was at the material time used for the purposes of a Health and Personal Services Board in Northern Ireland, or for the purposes of the statutory predecessors of any such board;
(n ) the Secretary of State, or the Minister of Agriculture, Fisheries and Food, where the dwelling-house was at the material time used for the purposes of the Forestry Commission.
(11) This section does not apply—
(a ) where a landlord mentioned in any of paragraphs (a ), (b ) or (c ) of section 10(2) of this Act is not the heritable proprietor of a dwelling-house;
(b ) where a landlord of a dwelling-house is a housing co-operative within the meaning of section 5 of the Housing Rents and Subsidies (Scotland) Act 1975 and neither it nor a body mentioned in the said paragraph (a ) of section 10(2) of this Act is the heritable proprietor of the dwelling-house; nor
(c ) where a dwelling-house is one of a group which has been provided with facilities (including a call system and the services of a warden) specially designed or adapted for the needs of elderly or disabled persons.
(12) In this section—
‘occupation’ of a dwelling-house means occupation—
(i) as a tenant or as a person to whom a dwelling-house is provided rent-free; or
(ii) as the spouse of a person mentioned in paragraph (i) above; or
(iii) in the discretion of the landlord, as the child of a person mentioned in paragraph (i) above who has succeeded to the rights of that person in a dwelling-house occupation of which would be reckonable for the purposes of this section, but only in relation to any period when the child is over the age of 16 years; and
any interruption in occupation of 12 months or less shall, and any interruption in occupation of...
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