The Housing (Scotland) Act 2001 extended Right to Buy to all tenants with Scottish secure tenancies of non-charitable Registered Social Landlords (RSLs) and those RSLs which became charities after 18 July 2001. However, section 44 inserted a new section 61A into the Housing (Scotland ) Act 1987, which provided that the introduction of this right was suspended for ten years from 30 September 2002. The 10 year suspension applies to all houses let by these RSLs with the following exceptions:
- tenancies of houses acquired by the RSL after the date of the introduction of the Scottish secure tenancy, for example by a stock transfer or through purchase from a developer;
- tenancies of houses built by RSLs after the introduction of the Scottish secure tenancy, if an offer of grant in connection with the construction (by either Scottish Ministers or a local authority) was made after that date;
- tenants of RSLs who already enjoyed a RTB entitlement, which was protected by the introduction of the Scottish Secure Tenancy Order (SSI 2002/318) until it was terminated, assigned, or passed on succession (with some further protections for succession by spouses, civil partners, cohabitees and joint tenants); and
- tenancies of RSLs which elected to set aside this limitation and opt in to RTB.
The 10-year suspension ends on 30 September 2012. However, Section 61A of the 1987 Act provides that RSLs can apply to Scottish Ministers for the suspension of the RTB to be extended for a further period of up to 10 years. This guidance (also available as a pdf document) provides advice on what RSLs should do as a minimum to produce a detailed application which contains what Ministers will wish to consider.
Applications should submitted no later than 30 March 2012, to enable Scottish Ministers to make decisions on applications before 30 September 2012. If applications are submitted later a decision by 30 September 2012 cannot be assured.
Applications should be sent to the Right to Buy mailbox rtb@scotland.gsi.gov.uk
Alternatively, hard copies can be sent to:
Right to Buy team
Housing Supply Division
58 Waterloo Street
Glasgow, G2 7DA.