DESCRIPTIVE RUBRIC

Landlord and Tenant – Public sector housing – Tenants right to purchase – Notice of Refusal – Subsequent Notice of Abandonment and Notice of Termination of Tenancy – Applicant no longer resident – Status as tenant – Housing (Scotland) Act 1987, sections 49, 50, 51 and 68(4)

Roy v Perth & Kinross Council
25 September 2002
LTS/TR/1999/2

Tenants of residential subjects had been faced with a decree for ejection in 1998 but had settled the action on payment of arrears of rent. Shortly after, on 26 November 1998, they applied to purchase. Notice of refusal was sent on 18 January alleging that information in the application was incorrect. On 17 February 1999 they applied to the Tribunal. Meanwhile, the respondents had served a Notice of Abandonment and then a Notice of Termination of Tenancy. On or about 23 February they took possession. The applicants had not had physical possession of the subjects since about 23 January 1998. They were aware of the Notices and did not take advantage of the available statutory appeal. It was accepted that the application could not succeed unless the applicant could still properly be regarded as a tenant. It was submitted that he was a quasi-tenant.

Held in the whole circumstances there was no basis upon which the applicant could be held to be the tenant and no justification for the application of any concept of being a quasi-tenant had been established.


See full decision:  LTS/TR/1999/2