Preserved right to buy on private disposal: HA 1988 s.128
HA 1988 s.128 preserves the right to buy for Scottish secure tenants when house sold to private landlord, subject to prescribed exceptions.
After section 81 of the Housing (Scotland) Act 1987 there shall be inserted the following section— The right to buy provisions shall continue to right to buy on apply where a person ceases to be a secure tenant of a disposal to house by reason of the disposal by the landlord of an private sector interest in the house to a private sector landlord. The right to buy provisions shall not, however, continue to apply under subsection (1) in such circumstances as may be prescribed. The continued application under subsection (1) of the right to buy provisions shall be in accordance with and subject to such provision as is prescribed which may— include— such additions and exceptions to, and adaptations and modifications of, the right to buy provisions in their continued application by virtue of this section; and such incidental, supplementary and transitional provisions; as the Secretary of State considers appropriate; differ as between different cases or descriptions of case and as between different areas; relate to a particular disposal. Without prejudice to the generality of subsection (3), provision may be made by virtue of it— specifying the persons entitled to the benefit of the right to buy provisions in their continued application by virtue of this section; preventing, except with the consent of the Secretary of State, the disposal by the private sector landlord of less than his whole interest in a house in relation to which the right to buy provisions continue to apply by virtue of this section; ensuring that where, under Ground 9 of Schedule 5 to the Housing (Scotland) Act 1988 (availability of suitable alternative accommodation), the sheriff makes an order for possession of a house in relation to which the right to buy provisions continue to apply by virtue of this section and the tenant would not have the right under this Part (other than this section) to buy the house which is or will be available by way of alternative accommodation, these provisions as so continued will apply in relation to the house which is or will be so available. In this section— “ secure tenant ” means a tenant under a secure tenancy; “ private sector landlord ” means a landlord other than one of those set out in sub-paragraphs (i) to (iv) and (viii) and (ix) of paragraph (a) of subsection (2) of section 61; the “ right to buy provisions ” means the provisions of this Act relating to the right of a tenant of a house to purchase it under this Part and to his rights in respect of a loan.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
If you are a secure tenant in Scotland and your landlord sells the house to a private sector landlord, your right to buy continues under this section. The right does not apply in circumstances that are prescribed by regulations, and the Secretary of State can make rules about how it works. Those rules may say who can exercise the right, prevent the new landlord from selling only part of the house without consent, and ensure the right follows you if you are moved to alternative accommodation under certain grounds for possession.
When it applies
- A local authority sells a block of flats to a private housing company; the secure tenant still has the right to buy their flat.
- A housing association (not a public sector landlord) takes over the property; the tenant’s right to buy is preserved.
- The private landlord wants to sell the house but the tenant wants to buy it first; the right to buy continues.
- The sheriff grants possession because suitable alternative accommodation is available; the right to buy may apply to that new house.
What this section does not say
- This section does not apply to tenants in England and Wales – it is only for Scotland.
- It does not create a right to buy for tenants who were not secure tenants before the disposal.
- It does not set the price or discount for the purchase – those are governed by other provisions (e.g., HA 1988 s.122).
- It does not apply if the disposal is to another public sector landlord (e.g., another council).
Related sections
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of HA 1988 s. 128 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.