DESCRIPTIVE RUBRIC

Landlord and tenant - Public sector housing - Tenants rights - Right to purchase - Criteria - Whether continuous occupation for two years required - Housing (Scotland) Act 1987, section 61(2)(c); section 61(10) and section 62(3)(b)

Lock v City of Edinburgh Council
25 August 2000
LTS/TR/2000/14

The applicant of a secure tenancy had been in occupation of different houses provided by defined persons for a total of more than two years before the date of her application to purchase. However she had not been in continuous occupation of such houses throughout the two year period prior to application. The relevant criteria were set out in section 61(2)(c) of the Housing (Scotland) Act 1987 in the following terms: "immediately prior to the date of service of an application to purchase, the tenant has been for not less than two years in occupation of a house … or of a succession of houses …". The applicant contended that there was no requirement of continuous occupation throughout the two year period prior to the application.

Held the effect of the words "immediately prior" was to define a specific period of two years. To obtain a total of two years occupation in a defined period of two years necessarily required continuous occupation and the application therefore should be dismissed.

Cases referred to:

Beggs v Kilmarnock & Loudoun District Council 24 February 1995 unreported
Matheson v Western Isles Islands Council 1992 SLT (Lands Tr) 107
R v National Insurance Commissioners (ex parte Hudson) 1972 AC 944


See full decision:  LTS/TR/2000/14