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Housing (Scotland) Act 1988 (c. 43)(The document as of February, 2008) Page 6 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 (b) the tenant has remained in possession of the whole or any part of the house; and (c) proceedings for the recovery of possession have been begun not more than six months after the expiry of the notice to quit; and (d) the tenant is not entitled to possession of the house by virtue of a new tenancy. Ground 11Whether 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 12Some rent lawfully due from the tenant-- (a) is unpaid on the date on which the proceedings for possession are begun; and (b) except where subsection (1)(b) of section 19 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings. Ground 13Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed. Ground 14The 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 15The 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 16The condition of any furniture provided for use under the tenancy has deteriorated owing to ill-treatment by the tenant or any other person residing or lodging with him in the house and, in the case of ill-treatment by a person lodging with the tenant or by a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant. Ground 17The house was let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment. Part III Suitable Alternative Accommodation1 For the purposes of Ground 9 above, a certificate of the local authority for the area in which the house in question is situated, or, where the house in question is in a new town, of the development corporation established for its purposes under the [1968 c. 16.] New Towns (Scotland) Act 1968 or, in any case, of Scottish Homes, certifying that the authority, the Corporation or, as the case may be, Scottish Homes, will provide suitable alternative accommodation for the tenant by a date specified in the certificate, shall be conclusive evidence that suitable alternative accommodation will be available for him by that date. 2 Where no such certificate as is mentioned in paragraph 1 above is produced to the sheriff, accommodation shall be deemed to be suitable for the purposes of Ground 9 above if it consists of either-- (a) premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy, other than-- (i) a tenancy in respect of which notice is served not later than the beginning of the tenancy that possession might be recovered on any of Grounds 1 to 5 above; or (ii) a short assured tenancy, within the meaning of Part II of this Act; or (b) premises to be let as a separate dwelling on terms which will, in the opinion of the sheriff, afford to the tenant security of tenure reasonably equivalent to the security afforded by Part II of this Act in the case of an assured tenancy of a kind mentioned in paragraph (a) above, and, in the opinion of the sheriff, the accommodation fulfils the relevant conditions as defined in paragraph 3 below. 3 (1) For the purposes of paragraph 2 above, the relevant conditions are that the accommodation is reasonably suitable to the needs of the tenant and his family as regards proximity to place of work, and either-- (a) similar as regards rental and extent to the accommodation afforded by houses provided in the neighbourhood by any local authority or development corporation or by Scottish Homes for persons whose needs as regards extent are, in the opinion of the sheriff, similar to those of the tenant and of his family; or (b) reasonably suitable to the means of the tenant and to the needs of the tenant and his family as regards extent and character; and that, if any furniture was provided for use under the assured tenancy in question, furniture is provided for use in the accommodation which is either similar to that so provided or is reasonably suitable to the needs of the tenant and his family. (2) For the purposes of sub-paragraph (1)(a) above, a certificate of a local authority or development corporation or of Scottish Homes stating-- (a) the extent of the accommodation afforded by houses provided by that body to meet the needs of tenants with families of such number as may be specified in the certificate; and (b) the amount of the rent charged by that body for houses affording accommodation of that extent, shall be conclusive evidence of the facts so stated. 4 Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded house for the purposes of Part VII of the [1987 c. 26.] Housing (Scotland) Act 1987. 5 Any document purporting to be a certificate of a local authority or development corporation named therein or of Scottish Homes issued for the purposes of this Part of this Schedule and to be signed by the proper officer of that body shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof. 6 Local authorities, development corporations and Scottish Homes may, for the purposes of this Part of this Schedule, furnish particulars as to the availability, extent and character of alternative accommodation. 7 In this Part of this Schedule "local authority" means an islands or district council. Part IV Notices relating to recovery of Possession8 (1) If, not later than the beginning of a tenancy (in this paragraph referred to as "the earlier tenancy"), the landlord gives such a notice in writing to the tenant as is mentioned in any of Grounds 1 to 5 in Part I of this Schedule, then, for the purposes of the Ground in question and any further application of this paragraph, that notice shall also have effect as if it had been given immediately before the beginning of any later tenancy falling within sub-paragraph (2) below. (2) Subject to sub-paragraph (3) below, sub-paragraph (1) above applies to a later tenancy-- (a) which takes effect immediately on termination of the earlier tenancy; and (b) which is granted (or deemed to be granted) to the person who was the tenant under the earlier tenancy immediately before it was terminated; and (c) which is of substantially the same house as the earlier tenancy. (3) Sub-paragraph (1) above does not apply in relation to a later tenancy if, not later than the beginning of the tenancy, the landlord gave notice in writing to the tenant that the tenancy is not one in respect of which possession can be recovered on the ground in question. 9 Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground 1 in Part 1 of this Schedule, the reference in paragraph (b) of that ground to the landlord's interest in the tenancy is a reference to such an interest in the earlier tenancy and in any later tenancy falling within paragraph 8(2) above. 10 Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground 3 or Ground 4 in Part I of this Schedule, any second or subsequent tenancy in relation to which the notice has effect shall be treated for the purpose of that Ground as beginning at the beginning of the tenancy in respect of which the notice was actually given. Section 46. SCHEDULE 6 Statutory or Statutory Assured Tenants by SuccessionPart I New Schedules 1A and 1B to [1984 c. 58.] Rent (Scotland) Act 19841 After Schedule 1 to the Rent (Scotland) Act 1984 there shall be inserted the following Schedules-- " Schedule 1A Statutory or Statutory Assured Tenants by Succession in a case to which section 3A(1) applies1 The provisions of paragraph 2 of this Schedule shall have effect for the purpose of determining who is the statutory tenant of a dwelling-house by succession after the death of the person (in this Schedule referred to as "the original tenant") who, immediately before his death, was a protected tenant of the dwelling-house or the statutory tenant of it by virtue of his previous protected tenancy. 2 (1) The original tenant's spouse where the dwelling-house was that spouse's only or principal home at the time of the tenant's death shall be the statutory tenant so long as the said spouse retains possession of the dwelling-house without being entitled to do so under a contractual tenancy. (2) For the purposes of this paragraph, a person who was living with the original tenant as his or her wife or husband shall be treated as the spouse of the original tenant. (3) If, immediately after the death of the original tenant, there is, by virtue of sub-paragraph (2) above, more than one person who fulfils the conditions in sub-paragraph (1) above, such one of them as then has occupancy rights under section 18 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (rights of cohabiting couples) or, if neither or none of them has such rights, such one of them as may be decided by the sheriff, shall be treated as the surviving spouse for the purposes of this paragraph. 3 Where paragraph 2 above does not apply but a person who was a member of the original tenant's family was residing with him in the dwelling-house-- (a) continuously for the period commencing six months before the date of coming into force of section 46 of the Housing (Scotland) Act 1988 and ending on the tenant's death (where the person was so residing on the said date); or (b) at the time of and for the period of two years immediately before the tenant's death, then, after the tenant's death, that person or if there is more than one such person such one of them as may be decided by agreement, or in default of agreement by the sheriff, shall be entitled to a statutory assured tenancy of the dwelling-house by succession. 4 A person who becomes the statutory tenant of a dwelling-house by virtue of paragraph 2 above is in this Schedule referred to as "the first successor". 5 If, immediately before his death, the first successor was still a statutory tenant, the provisions of paragraph 6 below shall have effect for the purpose of determining who is entitled to a statutory assured tenancy of the dwelling-house by succession after the death of the first successor. 6 Where a person who-- (a) was a member of the original tenant's family immediately before that tenant's death; and (b) was a member of the first successor's family immediately before the first successor's death, was residing with the first successor in the dwelling-house at the time of, and for the period of two years immediately before, the first successor's death, that person, or if there is more than one such person, such one of them as may be decided by agreement or, in default of agreement, by the sheriff, shall be entitled to a statutory assured tenancy of the dwelling-house by succession. 7 (1) Where after a succession the successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, "the original tenant" and "the first successor" in this Schedule shall, in relation to that other tenancy, mean the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly-- (a) if the successor was the first successor, and immediately before his death he was still the tenant (whether protected or statutory), paragraph 6 above shall apply on his death; (b) if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Schedule. (2) Sub-paragraph (1) above applies even if-- (a) a successor enters into more than one other tenancy of the dwelling-house; and (b) both the first successor, and the successor on his death, enter into other tenancies of the dwelling-house. (3) In this paragraph "succession" means the occasion on which a person becomes the statutory or statutory assured tenant of a dwelling-house by virtue of this Schedule and "successor" shall be construed accordingly. 8 Paragraphs 5 and 6 above do not apply where the statutory tenancy of the original tenant arose by virtue of section 20 of the [1965 c. 75.] Rent Act 1965. Schedule 1B Statutory Assured Tenants by Succession in a case to which section 3A(2) applies1 The provisions of this Schedule shall have effect for the purpose of determining who is the statutory assured tenant of a dwelling-house by succession after the death of the person (in this Schedule referred to as "the first successor") who, immediately before his death, was the statutory tenant of the dwelling-house by virtue of paragraph 2 or paragraph 3 of Schedule 1 above. 2 If, immediately before his death, the first successor was still a statutory tenant, the provisions of paragraph 3 below shall have effect for the purpose of determining who is entitled to a statutory assured tenancy of the dwelling-house by succession after the death of the first successor. 3 Where a person who-- (a) was a member of the original tenant's family immediately before that tenant's death; and (b) was a member of the first successor's family immediately before the first successor's death, was residing with the first successor in the dwelling-house-- (i) continuously for the period commencing six months before the date of coming into force of section 46 of the Housing (Scotland) Act 1988 and ending on the tenant's death (where the person was so residing on the said date); or (ii) at the time of and for the period of two years immediately before the tenant's death, that person, or if there is more than one such person, such one of them as may be decided by agreement or, in default of agreement, by the sheriff, shall be entitled to a statutory assured tenancy of the dwelling-house by succession. 4 (1) Where after a succession the successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, "the original tenant" and "the first successor" in this Schedule shall, in relation to that other tenancy, mean the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly-- (a) if the successor was the first successor, and immediately before his death he was still the tenant (whether protected or statutory), paragraph 3 above shall apply on his death; (b) if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Schedule. (2) Sub-paragraph (1) above applies even if-- (a) a successor enters into more than one other tenancy of the dwelling-house; and (b) both the first successor, and the successor on his death, enter into other tenancies of the dwelling-house. (3) In this paragraph "succession" means the occasion on which a person becomes the statutory assured tenant of a dwelling-house by virtue of this Schedule and "successor" shall be construed accordingly. 5 Paragraphs 2 and 3 above do not apply where the statutory tenancy of the original tenant arose by virtue of section 20 of the [1965 c. 75.] Rent Act 1965. " . Part II Statutory Assured Tenants by Succession--Modification of Enactments2 In relation to the assured tenancy to which the person becomes entitled by succession, section 18 of this Act shall have effect as if in subsection (3) after the word "established" there were inserted the words "or that the circumstances are as specified in any of Cases 11, 12, 17, 18, 19, and 21 in Schedule 2 to the [1984 c. 58.] Rent (Scotland) Act 1984". 3 (1) In relation to the assured tenancy to which the person becomes entitled by succession, any notice given for the purpose of Case 13, Case 14 or Case 16 of Schedule 2 to the Rent (Scotland) Act 1984 to the original tenant (within the meaning of Schedule I to the Rent (Scotland) Act 1984) shall be treated as having been given for the purposes of whichever of Grounds 4 to 6 in Schedule 5 to this Act corresponds to the Case in question. (2) Where sub-paragraph (1) above applies, the regulated tenancy of the said original tenant shall be treated, in relation to the assured tenancy of the person so entitled, as "the earlier tenancy" for the purposes of Part IV of Schedule 5 to this Act. Section 72. SCHEDULE 7 Housing (Scotland) Act 1987--Amendments connected with Consolidation1 In section 22 (agreements for exercise by housing co-operatives of local authority housing functions) for subsection (4) there shall be substituted-- " (4) Without prejudice to any power to let land conferred on a local authority by any enactment, the terms of an agreement to which this section applies may include terms providing for the letting of land to the housing co-operative by the local authority for a period not exceeding 20 years. " . 2 In section 61 (secure tenant's right to purchase) in subsection (4)(f) for the words "landlord so mentioned" there shall be substituted the words "landlord which is a registered housing association". 3 In section 114 (closing order) in subsection (5) after the word "shall" there shall be inserted the word "have". 4 In section 129 (appeals) in subsection (1) for ", (3) and (4)" there shall be substituted the words "to (7)". 5 In section 139 (penalty for causing or permitting overcrowding) in subsection (2)(a) for the words "age of 10" there shall be substituted the words "age of one or 10". 6 In section 151 (interpretation of Part VII) in subsection (2) for the words "139(3), 140(1) and (2) and 144(1) and (2)" there shall be substituted the words "139, 140 and 144". 7 In section 173 (warrant to authorise entry) in subsection (5)(a) for the word "entry" there shall be substituted the word "enter". 8 In section 179 (general effect of control order) in subsection (3) for the word "on" there shall be substituted the word "or". 9 In section 200 (slum clearance subsidy) in subsection (2) for "(2)" there shall be substituted "(1)". 10 In section 240 (conditions for approval of applications for improvement grant) in subsection (1)(a) for "9(4)" there shall be substituted "12(4)". 11 In section 242 (amount of improvement grant) in subsection (6) for "236" there shall be substituted "246". 12 In section 243 (payment of improvement grant) in subsection (1)(b) for "244(6)" there shall be substituted "244(7)". 13 In section 244 (duty of local authorities to make improvement grants for standard amenities or disabled occupants) in subsection (10)(b) for "(6)" there shall be substituted "(7)". 14 In section 248 (repairs grants)-- (a) in subsection (5)-- (i) for "240, 242(1), (4) and (7)" there shall be substituted "242(1), (3), (5) and (7) to (10) and 244"; and (ii) for "244(6)" there shall be substituted "244(7)"; and (b) in subsection (6)(c) at the end there shall be added "and 247.". 15 In section 249 (grants for fire escapes) in subsection (6)-- (a) for "(1A), (3), (4), (6) and (7)" there shall be substituted ", (3) and (5) to (10)"; and (b) for "244(6)" there shall be substituted "244(7)". 16 In section 250 (repairs grants in housing action areas), in subsection (7), in paragraph (b) for "249(5)" there shall be substituted "250(5)". 17 In section 254 (exchequer contributions towards certain grants) in each of subsections (1) and (2) for "250" there shall be substituted "249". 18 In section 255 (exchequer contributions in respect of amenities) in each of subsections (1), (4)(b) and (10) for "248" there shall be substituted "251". 19 In section 268 (notice of determination) in subsection (4) for the words "1 to 3" and "281, 283 and 284(1)" respectively there shall be substituted the words "2, 3 and 7" and "282, 284 and 285". 20 In section 276 (repurchase by authority other than local authority), in subsection (3), in paragraph (a), for "21" there shall be substituted "20". 21 In section 281 (effect of repurchase on certain existing tenancies) in subsection (2)(b) for the words "34(1)(d) of the Tenants' Rights, Etc (Scotland) Act 1980" there shall be substituted the words "9(1)(d) of the [1984 c. 58.] Rent (Scotland) Act 1984". 22 In section 282 (grant of tenancy to former owner-occupier) in subsection (2) for "44(1)" there shall be substituted "44(2)". 23 In section 283 (grant of tenancy to former statutory tenant) in subsection (1)-- (a) after "44" there shall be inserted "(2)"; and (b) in paragraph (d) for the words "34(1)(d) of the Tenants' Rights, Etc. (Scotland) Act 1980 (notice that tenancy is to be a protected shorthold tenancy)" there shall be substituted the words "9(1)(d) of the Rent (Scotland) Act 1984 (notice that the tenancy is to be a short tenancy)". 24 In section 285 (request for tenancy under sections 282 or 283) in subsection (1)(a) for the words "paragraph 4" there shall be substituted the words "paragraph 3". 25 In section 296 (contributions by Secretary of State) in subsection (4)(b) for "8 of Schedule 21" and "8(1)(a)" there shall be substituted respectively "10 of Schedule 20" and "10(1)(a)". 26 In section 299 (jurisdiction of sheriff) in subsection (2)(b) for the words "paragraph (9) of Schedule 21" there shall be substituted the words "paragraph 11(1) of Schedule 20". 27 In section 338 (interpretation) in the definition of "standard amenities" for "244(5)" there shall be substituted "244(6)". 28 In Schedule 7 (application of enactments) in paragraph 13-- (a) in sub-paragraph (2) for the words "those Parts respectively" there shall be substituted the words "Part I of this Act"; and (b) in sub-paragraph (3)(a) for the words "Part I of this Act or Part II of Schedule 8 (as the case may be)" there shall be substituted the words "Part III of Schedule 8". 29 In Schedule 20 (assistance by way of repurchase) in paragraph 3 for the words "a notice" there shall be substituted the words "an offer to purchase". 30 In Schedule 24 (repeals) in the entry relating to the [1984 c. 58.] Rent (Scotland) Act 1984, in column 3, for "5(2)(b)" there shall be substituted "5(2)(d)". Section 72. SCHEDULE 8 Housing (Scotland) Act 1987-- Minor Amendments1 In section 61 (secure tenant's right to purchase) after subsection (2) there shall be inserted the following subsection-- " (2A) For the purposes of subsection (2)(c), where the house was provided by a housing association which, at any time while the house was so provided, was not a registered housing association, the association shall, if it became a registered housing association at any later time, be deemed to have been a registered housing association at all times since it first provided the house. " . 2 In section 62 (price of house being purchased by secure tenant)-- (a) in subsection (2)-- (i) after the word "by", where first occurring, there shall be inserted the word "either"; and (ii) before the word "as" there shall be inserted the words "as the landlord thinks fit"; (b) in subsection (4)-- (i) after "(3)" there shall be inserted "(a)"; and (ii) at the end there shall be added " ; and (b) where the house was provided by a housing association which, at any time while the house was so provided was not a registered housing association, the association shall, if it became a registered housing association at any later time, be deemed to have been a registered housing association at all times since it first provided the house. " . 3 In section 151 (interpretation of Part VII) in the definition of "house" the words from ", not being" to the end of the definition shall cease to have effect. 4 In section 191 (housing support grants: fixing of aggregate amount) in subsection (10) for the words "rate fund contribution" there shall be substituted the words "contribution out of the general fund maintained under section 93 of the Local Government (Scotland) Act 1973". 5 In section 192 (apportionment of housing support grants) in subsection (6) for the words "rate fund contribution" there shall be substituted the words "contributions out of the general fund maintained under section 93 of the Local Government (Scotland) Act 1973". 6 In section 248 (repairs grants)-- (a) in subsection (5) for the words "to an application for"-- (i) where they first occur there shall be substituted the words "in relation to an application for a repairs grant or to"; and (ii) where they second occur there shall be substituted the words "in relation to an application for an improvement grant or to"; (b) at the end there shall be added-- " (11) An order under this section may make different provision with respect to different cases or descriptions of case. " . 7 In section 249 (grants for fire escapes)-- (a) in subsection (6) for the words "to an application for"-- (i) where they first occur there shall be substituted the words "in relation to an application for a grant under subsection (1) or to"; and (ii) where they second occur there shall be substituted the words "in relation to an application for an improvement grant or to"; and (b) at the end there shall be added-- " (11) An order under this section may make different provision with respect to different cases or descriptions of case. " . 8 In section 255 (exchequer contributions in respect of amenities) in subsection (7) after "(6)" there shall be inserted the words "or for such other amount as may be substituted under this subsection". 9 In Schedule 10 (landlord's repairing obligations)-- (a) for paragraph 1(1) there shall be substituted-- " (1) This paragraph applies to any contract (whether entered into before or after the coming into force of Schedule 8 to the Housing (Scotland) Act 1988) for letting a house for human habitation under which no rent is payable or the rent payable is less than that specified by order made by the Secretary of State. (1A) In determining whether this paragraph applies to any contract, there shall be disregarded such part (if any) of the sums payable by the tenant as is 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. (1B) An order under sub-paragraph (1) above may specify different rents in relation to-- (a) different kinds of houses; (b) different areas. (1C) An order under sub-paragraph (1) above may specify rent by reference to such periods or such different periods or such other factors or such combinations thereof as may be specified in the order. (1D) An order under sub-paragraph (1) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (1E) This paragraph does not apply to a contract for the letting by a local authority of any house purchased or retained by the authority under section 121 or paragraph 5 of Schedule 8 for use for housing purposes. " ; (b) after paragraph 3(1) there shall be inserted-- " (1A) If a lease to which this paragraph applies is a lease of a house which forms part only of a building, then, subject to sub-paragraph (1B) of this paragraph, the provision implied by this paragraph (hereinafter referred to as "the implied repairs provision") shall have effect as if-- (a) the reference in paragraph (a) of sub-paragraph (1) of this paragraph to the house included a reference to any part of the building in which the lessor has an interest; and (b) any reference in paragraph (b) of sub-paragraph (1) of this paragraph to installations in the house included a reference to installations which, directly or indirectly, serve the house and in which the lessor has an interest. (1B) Nothing in sub-paragraph (1A) of this paragraph shall be construed as requiring the lessor to carry out any works or repairs unless the disrepair (or failure to maintain in working order) is such as to affect the lessee's enjoyment of the house or of any common parts. (1C) In sub-paragraph (1B) of this paragraph "common parts" in relation to any building or part of a building includes the structure and exterior of that building or part and any common facilities within it. " ; (c) in paragraph 3(2) for the words from "The provision" to "provision")" there shall be substituted the words "The implied repairs provision"; (d) after sub-paragraph (3) there shall be inserted-- " (3A) In any case where-- (a) the implied repairs provision has effect as mentioned in sub-paragraph (1A) of this paragraph; and (b) in order to comply with the provision the lessor needs to carry out works or repairs otherwise than in, or to an installation in, the house; and (c) the lessor does not have sufficient right in the part of the building or the installation concerned to enable him to carry out the required works or repairs, then, in any proceedings relating to a failure to comply with the implied repairs provision, so far as it requires the lessor to carry out the works or repairs in question, it shall be a defence for the lessor to prove that he used all reasonable efforts to obtain, but was unable to obtain, such rights as would be adequate to enable him to carry out the works or repairs. " . The amendments made by sub-paragraphs (b) to (d) of this paragraph do not have effect with respect to-- (i) a lease entered into before this Act comes into force; or (ii) a lease entered into pursuant to a contract made before this Act comes into force. 10 In Schedule 15 (housing revenue account) in paragraph 9(2) for the words "rate fund contribution" there shall be substituted the words "contribution out of the said general fund". Section 72. SCHEDULE 9 Consequential AmendmentsLand Compensation (Scotland) Act 1973 c. 56.1 In section 27(4) (right to home loss payment) after paragraph (b) there shall be inserted the following paragraph-- " (bb) a right to occupy the dwelling as a statutory assured tenant within the meaning of the Housing (Scotland) Act 1988; " . Local Government, Planning and Land Act 1980 c. 65.2 In Schedule 28, in paragraph 10 (urban development corporations, displacement of persons), after the [1984 c. 58.] words "Rent (Scotland) Act 1984" there shall be inserted the words "or the Housing (Scotland) Act 1988". Matrimonial Homes (Family Protection) (Scotland) Act 1981 c. 59.3 In section 22 (interpretation) in the definition of "tenant" for the words "Rent (Scotland) Act 1971" there shall be substituted the words "Rent (Scotland) Act 1984 and a statutory assured tenant as defined in section 16(1) of the Housing (Scotland) Act 1988". Rent (Scotland) Act 1984 c. 58.4 In section 103 (application to sheriff)-- (a) in subsection (1) for the words from "a summary application" to the end there shall be substituted the words "by way of summary application"; (b) in subsection (2) for the word "paragraph" there shall be substituted the words "paragraphs 2 and". 5 In Schedule 1 (statutory tenants by succession) in paragraph 2 for the word "his" there shall be substituted the words "that spouse's". Housing Associations Act 1985 c. 69.6 In section 10(2)-- (a) in paragraph (b) for the words "2 to 7 of Schedule 1 to the Tenants' Rights, Etc. (Scotland) Act 1980" there shall be substituted the words "1 to 8 of Schedule 2 to the [1987 c. 26.] Housing (Scotland) Act 1987"; (b) after paragraph (b) there shall be added the following paragraph-- " ; or (e) as respects Scotland, a letting of land under an assured tenancy or under what would be an assured tenancy but for any of paragraphs 3 to 8 and 12 of Schedule 4 to the Housing (Scotland) Act 1988. " . 7 In section 15A(1) (a) (i) (permitted payments by community based housing association in Scotland) the words from "being" to "Act" shall cease to have effect. 8 In section 39, in the definition of "secure tenancy" for the words "section 10 of the Tenants' Rights, Etc. (Scotland) Act 1980" there shall be substituted the words "44 of the Housing (Scotland) Act 1987". 9 In section 106(2) for the definition of "shared ownership agreement" there shall be substituted the following definition– " "shared ownership agreement" means an agreement whereby– (a) a pro indiviso right in a dwelling is sold to a person and the remaining pro indiviso rights therein are leased to him subject to his being entitled, from time to time, to purchase those remaining rights until he has purchased the entire dwelling; or (b) pro indiviso rights in dwellings are conveyed to trustees to hold on behalf of persons each of whom, by purchasing a share in those dwellings, becomes entitled to exclusive occupancy of one of the dwellings but with any such person who wishes to sell or otherwise dispose of his share being required to do so through the agency of the trustees, or such other agreement as may be approved whereby a person acquires a pro indiviso right in a dwelling or dwellings and thereby becomes entitled to exclusive occupancy of the dwelling or, as the case may be, one of the dwellings; " . Housing (Scotland) Act 1987 c. 26.10 In section 55 (no subletting by secure tenant without landlord's consent) for the words ", nor shall Part VII of that Act" there shall be substituted the words "or an assured tenancy within the meaning of the Housing (Scotland) Act 1988, nor shall Part VII of the said Act of 1984". 11 In section 64(7) (circumstances where prohibition of landlord's option to repurchase does not apply)-- (a) in paragraph (a), after the word "sold" there shall be inserted the words "whether under this Part or otherwise"; (b) for paragraph (b) there shall be substituted the following paragraph– " (b) the Secretary of State is satisfied that an unreasonable proportion of the houses sold consists of houses which have been resold and are not– Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 -- Back --
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