DESCRIPTIVE RUBRIC

Landlord and tenant – Public sector housing – Tenants’ rights – Right to buy – Variation of conditions – Competency – Application to Tribunal to strike out or vary conditions – No prior request to landlord – Housing (Scotland) Act 1987, Section 65

Landlord and tenant – Public sector housing – Tenants’ rights – Right to buy – Offer to Sell – Mode of service – Citation Amendment (Scotland) Act 1882, Section 4 – Housing (Scotland) Act 1987, Section 84.

Robb & An’r v Tayside Police Joint Board (No 2)
12 August 2009
LTS/TR/2009/07

The applicants (whose entitlement to purchase was established by the Tribunal’s decision in LTS/TR/2007/12, 11.8.2008) objected to certain conditions in the Offer to Sell. They purported to apply to the Tribunal under section 65(2) of the 1987 Act without first making a request to the landlords under Section 65(1). The landlords objected to the competency of the application. After the point was taken, the applicants purported to make such a request, and argued, relying on the Citation Amendment (Scotland) Act 1882, Section 4, that they were within the time limit under Section 65(1) because the Offer to Sell had not been sent by recorded delivery.

Held (1) the application was incompetent. Failure to adhere to the clear procedural framework, including the time limit of one month for service of the notice under Section 65(1), laid down by the Act, could not be overlooked when the point was insisted upon, even although the parties had in fact discussed their differences. The applicants would be able to submit a fresh application to purchase.

(2) Section 84(1) governed the mode of service of offers to sell under the Act and provided for alternative methods of service. There was no indication that one or other of these methods had not been used. There were no grounds for arguing that the terminus de quo of the Section 65(1) procedure could be delayed.

Authorities referred to:

None


See full decision:  LTS/TR/2009/07