Citation, commencement and revocation

1.-(1) This Order may be cited as the Right to Purchase (Application Form) (Scotland) Order 2011 and comes into force on 1st March 2011.

(2) The Right to Purchase (Application Form) (Scotland) Order 2002(2) is hereby revoked.

Prescribed Notice

2. The notice to be served under section 63(1) of the Housing (Scotland) Act 1987 (application to purchase) shall be in the form prescribed in the Schedule to this Order.

Article 2

SCHEDULEAPPLICATION TO BUY YOUR HOME

What happens next

1. In this form you will have given information in support of your application. It may therefore be helpful if you could have to hand any documents which you think are relevant (such as birth/marriage certificates) in case they are asked for by your landlord. If you have served in the Armed Forces, and you are claiming time entitlement for this period, you may be asked to provide your service record.

2. As a result of provisions in the Housing (Scotland) Act 2001, landlords are entitled to refuse a right to buy application if the applicant has arrears of rent, council tax or water and sewerage charges (whether it be for the current property or a previous address).

(a)If your landlord is the local authority, housing staff will take the necessary steps to check that you have no outstanding arrears at the time of application.

(b)If your landlord is a registered social landlord (such as a housing association), they will check their records to ensure that you owe no outstanding rent. However, you must obtain a certificate from your local authority confirming that you have no arrears of council tax or water and sewerage charges, which you should then present to your landlord when you submit this form. Please note that if you request such a certificate from your local authority, they must issue it to you -� free of charge -� within 21 days. Such a certificate will then be valid for one month. If you fail to provide the relevant certificate your landlord is entitled to refuse your application.

3. Your landlord must reply to your application either by letting you have an offer to sell or a refusal. If your landlord refuses because they do not agree that you have the right to buy the house, the refusal notice must be given within one month of your application. Reasons must be given for a refusal. In other circumstances, your landlord has to reply within 2 months of your application being served.

4. If your landlord delays-

(a)by not issuing an offer to sell within 2 months; or

(b)in delivering a good and marketable title to the property,

in certain circumstances you may be able to count rent paid toward the purchase price. In either case please consult "Your Right to Buy your Home -� a guide for Scottish secure tenants" booklet.

5. If-

(a)you are not satisfied with the terms of the offer, or

(b)you do not agree with your landlord's refusal

you can refer the matter to the Lands Tribunal for Scotland, George House, 126 George Street, Edinburgh EH2 4HH.

6. Once you have decided to buy your home, you will have to consider how to raise the money. To obtain a mortgage you might apply to a building society, a bank or other financial institution. Whatever means are most suitable to you in buying your property, you are advised to think carefully about the financial implications of the purchase and consider/investigate the different options as soon as possible.

Landlords Relevant for Occupation and Discount Entitlement

Agriculture and Food Research Council

The Armed Forces

British Airports Authority

British Coal Corporation

British Gas Corporation

British Railways Board

British Steel Corporation

British Waterways Board

Central Electricity Generating Board

Civil Aviation Authority

Commission for the New Towns

Commissioners of Northern Lighthouses

Countryside Council for Wales

The Electricity Council

The English Sports Council

A Fire Authority

Forestry Commission

A Health Board

Highlands and Islands Enterprise

HM Coastguard

A Housing Co-operative in Scotland, England or Wales

Housing Corporation

The landlord of a former employee of a local authority managed school, where the house was occupied to enable better performance of the employee's duties, and the employee has transferred from the employment of the local authority to the employment of the landlord

Local Authorities

Medical Research Council

Ministry of Defence

National Bus Company

National Health Service Trusts

National Rivers Authority

Natural Environment Research Council

Nature Conservancy Council for England or English Nature

New Town Development Corporations or other development corporations

North of Scotland Hydro Electric Board

Northern Ireland Housing Executive

A person providing accommodation to a tenant whose previous tenancy ended because their house was to be demolished

A person providing accommodation to a tenant whose previous tenancy was terminated by court order in certain circumstances, or whose landlord was required to make other suitable accommodation available to them

A Police authority

The Prison Service

A Registered Housing Association

A Registered Social Landlord

Science and Engineering Research Council

Scottish Natural Heritage

Scottish Special Housing Association and Scottish Homes

Scottish Sports Council

Scottish Transport Group

South of Scotland Electricity Board

Sports Council

Sports Council for Wales

State Hospital in Scotland or a Special Hospital in England or Wales

Trinity House

United Kingdom Atomic Energy Authority

United Kingdom Sports Council

A Water Authority or Scottish Water

Waverley Housing Trust Limited

WESLO Housing Management

Any other Government Department or Minister of the Crown

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes the Right to Purchase (Application Form) (Scotland) Order 2002 and prescribes another form of notice which is to be used by any tenant with a right to purchase under a Scottish secure tenancy, within the meaning of Part III of the Housing (Scotland) Act 1987, when exercising the right to purchase a house conferred by section 61 of that Act. The notice contains-

(a)a statement that the tenant or joint tenants wish to exercise the right to purchase;

(b)a statement of consent to the exercise of that right by the spouse or partner of each tenant or joint tenant applying to purchase and by any joint tenant who does not wish to share in the exercise of that right;

(c)the names of any joint purchasers included or proposed for inclusion by the tenant or tenants;

(d)a statement of the periods of occupation of housing as tenant of a relevant landlord on which the tenant or tenants base their claim to the right to purchase and to discount, including details of any breaks in occupation;

(e)a statement on whether the tenant was given notice that the house was a new supply social house, where relevant; and

(f)the details of any improvements made to the house by the tenant.