Consent for subsequent disposals: HA 1988 s. 134
Section 134 inserts rules into the Housing (Scotland) Act 1987 requiring written Secretary of State consent before disposing of acquired council property.
In Part I of the Housing (Scotland) Act 1987 (provision of housing) after section 12 there shall be inserted the following section— Where a person acquires any land or house from a local authority under section 12(1)(c) or (d) above and the consent of the Secretary of State is required under section 12(7) above to the local authority’s disposal of the land or house to that person, that person shall not dispose of the land or house without the consent in writing of the Secretary of State. Any consent for the purposes of subsection (1) above may be given either in respect of a particular disposal or in respect of disposals of any class or description (including disposals in particular areas) and either unconditionally or subject to conditions. Before giving any consent for the purposes of subsection (1) above, the Secretary of State— shall satisfy himself that the person who is seeking the consent has taken appropriate steps to consult every tenant of any land or house proposed to be disposed of; and shall have regard to the responses of any such tenants to that consultation. The consent of Scottish Homes under section 9 of the Housing Associations Act 1985 (control of dispositions) is not required for any disposal, or disposals of any class or description, in respect of which consent is given under subsection (1) above. In this section references to disposing of property include references to— granting or disposing of any interest in property; entering into a contract to dispose of property or to grant or dispose of any such interest; and granting an option to acquire property or any such interest.
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
This section inserts a requirement into Scottish housing law regarding property acquired from a local authority. If the original transfer required consent under section 12, the new owner cannot subsequently dispose of the land or house without obtaining written consent from the Secretary of State.
Before granting approval for a subsequent disposal, the Secretary of State must be satisfied that the owner has properly consulted every tenant living on the affected property and must take their responses into consideration.
Disposing of property covers selling or granting an interest in land, entering into a contract to transfer property, or granting an option to purchase the land or house.
When it applies
- A landlord who purchased former council property in Scotland plans to sell the housing block to a private developer.
- An owner of residential land acquired from a Scottish local authority intends to enter into a contract to grant long leases.
- A property company that acquired municipal housing attempts to grant an option contract to buy the property without consulting tenants.
What this section does not say
- Disposals of former local authority housing stock located in England or Wales.
- Direct initial sales of council houses to individual tenants under standard right to buy schemes.
- Disposals of property where the original transfer from the local authority did not require approval.
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This page reproduces the text of HA 1988 s. 134 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.