DESCRIPTIVE RUBRIC

Landlord and tenant – Tenants’ rights – Right to purchase – Whether tenancy secure – Landlord – Registered Housing Association – Tenancy not already in existence on 2 January 1989 – Previous local authority tenancy – Landlords’ charitable status – Landlords allegedly leading tenant to believe she would have right – Housing (Scotland) Act 1987 – Housing (Scotland) Act 1988, section 43

Fotheringham v Hillcrest Housing Association
28 April 2009
LTS/TR/2008/12

The applicant commenced a tenancy with a registered housing association in 1990. They refused her application to purchase, primarily on the grounds that, following the exclusion by the 1988 Act of registered housing associations from the list of landlords from whom secure tenancies could be obtained, the applicant did not have a secure tenancy. The applicant referred to previous local authority tenancies. She also claimed that the respondents had, shortly after her tenancy commenced, led her to believe that she would have the right to buy.

Held, refusing the application, although housing association tenancies had originally been within the ‘right to buy’ provisions, Section 43 of the 1988 Act had altered that position, creating a new status of ‘assured tenancies’ where the tenancy had not been in existence on 2 January 1989. There was no suggestion that the applicant could rely on any transitional provision. Her previous local authority tenancies were irrelevant. Even if she had been misled by the respondents, she would still not have the statutory right. There was insufficient material to decide on the respondents’ further argument relating to their charitable status.

Authorities:

None


See full decision:  LTS/TR/2008/12