Parallel pathway

Large scale stock transfers from local authorities to housing associations regularly raise questions about whether tenants have the right to buy from the new landlord association.

There are now two different sets of rules relating to the right to buy in Scotland: the ‘original’ right to buy, and the ‘modernised’ right to buy.

Different levels of discount apply in these two scenarios and different periods of qualifying occupancy. The entitlement is generally governed by the start date of the tenancy with the association:

• If it began before 2 January 1989, the tenant will have the right to buy on the original terms.
• If it began between 2 January 1989 and 30 September 2002, as a result of a stock transfer from a local authority or Scottish Homes (formerly SSHA), they will have the right to buy preserved on the original terms.
• If it began for the first time between 2 January 1989 and 30 September 2002, other than by stock transfer, then they will not have the original right to buy but may eventually qualify for the modernised right to buy.
• If it started after 30 September 2002, they may eventually be entitled to exercise the right to buy on the modernised terms.
• Finally, if the tenancy is of a house which has been specially adapted to meet support needs (such as sheltered housing or a home adapted for wheelchair use), they will not have the right to buy.

There are some very complex exceptions to these principles and independent legal advice should always be obtained.

jdb@tcyoung.co.uk

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