DESCRIPTIVE RUBRIC

Landlord and tenant – Public sector housing – Tenants rights – Right to purchase – Suspension of rights in ‘pressured areas’ – Transitional provisions – Succession to tenancy after 30 September 2002 – Housing (Scotland) Act 1987, as amended by Housing (Scotland) Act 2001, Section 61B(3)(b)(ii) – Housing (Scotland) Act 2001 (Scottish Secure Tenancy, Etc) Order 2002, SSI 318 – Housing (Scotland) Act 2001 (Scottish Secure Tenancy, Etc) Amendment Order 2002, SSI 415

Warren v South Ayrshire Council
17 April 2009
LTS/TR/2008/11

A ‘pressured area’ designation under Section 61B of the 1987 Act as amended applied to tenancies created after 30 September 2002. The applicant’s husband had been a tenant of the respondents for many years. She succeeded to the tenancy on his death after 2002. Her application to purchase was resisted on the ground that a ‘pressured area’ designation had suspended her right. She argued for transitional relief on the basis of her husband’s tenancy. The application was disposed of on written submissions with parties’ consent.

Held, refusing the application, Section 61B(3), and in particular (3)(b)(ii), clearly provided that while a tenant who had the right to purchase immediately before the 2002 commencement date would not be affected by a ‘pressured area’ designation, a tenant who succeeded to a tenancy after that date would not, even where the tenancy had commenced before it. An originally promulgated Order containing transitional relief provisions applicable where the house was the only or principal home of the tenant’s spouse at the date of death did appear to apply to the ‘pressured area’ provisions notwithstanding the clear provision in the Act. However, this apparent error had been corrected in an amending Order also promulgated before and effective from the commencement date. There was accordingly no relief for the applicant from the clear transitional provision which did not have the effect of protecting her position.

Authorities referred to:

None


See full decision:  LTS/TR/2008/11