Consultation before disposal: Scotland HA 1988 s. 135
Inserts a new section applying Schedule 6A, setting out duties for local authorities and the Secretary of State regarding tenant consultation before disposal.
In Part III of the Housing (Scotland) Act 1987 (rights of public sector tenants) after section 81 there shall be inserted the following section— The provisions of Schedule 6A have effect with respect to the duties of— a local authority proposing to dispose of houses let on secure tenancies; the Secretary of State in considering whether to give his consent under section 12(7) to such a disposal, to have regard to the views of tenants liable as a result of the disposal to cease to be secure tenants (that is to say, tenants under secure tenancies).
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 provision adds a new section to the Housing (Scotland) Act 1987. That new section brings into effect Schedule 6A, which lists the duties of a local authority that intends to sell houses occupied by secure tenants, and the duty of the Secretary of State to consider the views of those tenants when deciding whether to consent to the sale.
It applies only to Scotland. The actual steps of consultation (for example, how tenants are told about the proposed disposal and how they can respond) are in Schedule 6A, not in this section itself.
If you are a secure tenant in Scotland and your landlord is a local authority, this is the provision that triggers the requirement to consult you before a disposal can go ahead with the Secretary of State's approval.
When it applies
- A Scottish local authority decides to sell a housing estate and must notify all secure tenants and give them a chance to comment.
- A secure tenant receives a letter saying the council is applying to the Secretary of State for consent to sell the block, and wants to know if the law requires their views to be heard.
- The Secretary of State receives an application from a council to dispose of secure tenancy houses and must check that the council has followed the consultation process before granting consent.
What this section does not say
- It does not cover disposals of houses in England or Wales – those are governed by other provisions.
- It does not set out the detailed consultation procedure (that is in Schedule 6A, not in s.135).
- It does not give secure tenants a right to stop the disposal – only a right to have their views considered.
- It does not apply to private landlords or housing associations, only to local authorities.
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This page reproduces the text of HA 1988 s. 135 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.