Section 128 — Preservation of right to buy on disposal to private sector landlord: Scotland.

[F1 After section 81 of the Housing (Scotland) Act 1987 there shall be inserted the following section— Preservation of right to buy on disposal to private sector landlord Preservation of right to buy on disposal to private sector landlord81A1The right to buy provisions shall continue to right to buy on apply where a person ceases to be a secure tenant of a disposal to house by reason of the disposal by the landlord of an private sector interest in the house to a private sector landlord.2The right to buy provisions shall not, however, continue to apply under subsection (1) in such circumstances as may be prescribed.3The continued application under subsection (1) of the right to buy provisions shall be in accordance with and subject to such provision as is prescribed which may—ainclude—isuch additions and exceptions to, and adaptations and modifications of, the right to buy provisions in their continued application by virtue of this section; andiisuch incidental, supplementary and transitional provisions;as the Secretary of State considers appropriate;bdiffer as between different cases or descriptions of case and as between different areas;crelate to a particular disposal.4Without prejudice to the generality of subsection (3), provision may be made by virtue of it—aspecifying the persons entitled to the benefit of the right to buy provisions in their continued application by virtue of this section;bpreventing, except with the consent of the Secretary of State, the disposal by the private sector landlord of less than his whole interest in a house in relation to which the right to buy provisions continue to apply by virtue of this section;censuring that where, under Ground 9 of Schedule 5 to the Housing (Scotland) Act 1988 (availability of suitable alternative accommodation), the sheriff makes an order for possession of a house in relation to which the right to buy provisions continue to apply by virtue of this section and the tenant would not have the right under this Part (other than this section) to buy the house which is or will be available by way of alternative accommodation, these provisions as so continued will apply in relation to the house which is or will be so available.5In this section—a “secure tenant” means a tenant under a secure tenancy;b “private sector landlord” means a landlord other than one of those set out in sub-paragraphs (i) to (iv) and (viii) and (ix) of paragraph (a) of subsection (2) of section 61;cthe “right to buy provisions” means the provisions of this Act relating to the right of a tenant of a house to purchase it under this Part and to his rights in respect of a loan.]

Amendment notes

1. F1 S. 128 repealed (30.9.2002) by 2001 asp 10, ss. 112, 113(1), Sch. 10 para. 15(7); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions in arts. 3-5)