DESCRIPTIVE RUBRIC

Landlord and tenant – Public sector housing – Tenants’ rights – Right to purchase – Discount – ‘Preserved right to buy’ – Transfer of tenancy on medical grounds – Previous secure tenancy with established right to buy – Whether rights including discount entitlement preserved – Housing (Scotland) Act 1987, Section 62, as amended – Transitional provisions – Housing (Scotland) Act 2001 (Scottish Secure Tenancy etc) Order 2002/318, as amended, Article 4

Peter Carey v Glasgow Housing Association
5 January 2011
LTS/TR/2010/05

The applicant, whose complaint was that he had been offered discount on the basis of the ‘modernised’, and not the ‘preserved’, right to buy, had been a secure tenant since 1987 and had therefore had an established right to buy. He was awarded medical priority for a move to ground floor accommodation, for which he received some offers and accepted an offer in July 2003. He subsequently exercised his right to buy. The issue was whether any transitional provision could apply so as to entitle him to a higher discount on the basis of preservation of the right which he held prior to commencement of the 2001 Act. The applicant complained about the respondents’ actings in a number of respects.

The Tribunal noted that there was nothing in the legislation which gave it any discretion to depart from the statutory provisions. Generally, although the previously established right, with discount entitlement, was preserved after the commencement of the 2001 Act until the termination of the tenancy, that did not apply to new tenancies. The applicant’s tenancy had terminated and the issue was whether any transitional provision applied in his favour. The applicant was unable to bring himself within any of the very limited situations prescribed in the 2002 Order. The application was dismissed.

Authority referred to:-

Rizza v Glasgow Housing Authority 2008 SLT (Lands Tr) 13


See full decision:  LTS/TR/2010/05