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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> Scottish Statutory Instrument 2000 No. 120 URL: http://www.bailii.org/scot/legis/num_reg/2000/20000120.html |
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The Scottish Ministers, in exercise of the powers conferred upon them by section 63(1) of the Housing (Scotland) Act 1987[1] and of all other powers enabling them in that behalf, hereby make the following Order: Citation, commencement and revocation 1. - (1) This Order may be cited as the Right to Purchase (Application Form) (Scotland) Order 2000 and shall come into force on 1st June 2000. (2) The Right to Purchase (Application Form) (Scotland) Order 1993[2] is hereby revoked. Prescribed Notice 2. The notice to be served under section 63(1) of the Housing (Scotland) Act 1987 (application to purchase) shall be in the form prescribed in the Schedule to this Order. WENDY C ALEXANDER A member of the Scottish Executive St Andrew's House, Edinburgh 25th April 2000
Notes
(ii) If you can afford the payments under the Right to Buy, this may be better suited to you. (iii) If the payments under the Right to Buy would be too much for you, the Rent to Mortgage terms may be the more affordable alternative. Under this scheme payments can be 90% of what you presently pay in rent.
BUT
(v) You cannot buy your home under Rent to Mortgage if you have received housing benefit in the last 12 months, or are in the process of applying for housing benefit. If you have claimed housing benefit in the last 12 months, or a claim was made on your behalf but this claim has not been determined or withdrawn, you will have to find out if the claim is successful before deciding if you can buy your home on Rent to Mortgage terms. If you claim housing benefit after applying to buy on Rent to Mortgage terms, you should inform your landlord immediately. (vi) If you do not accept an offer to sell within the appropriate time limits your position as tenant will not be affected in any way. You can make another application to buy at any time.
Note
Notes
(ii) The agreement and signature of any tenant who does not wish to buy must be obtained before you can apply to buy. Their tenancy will end when you buy the house. If so, that tenant should sign at paragraph B at the end of the form. (iii) A tenant's or joint tenant's husband or wife living in the house as their principal or only home, but who are themselves not tenants, must agree to the tenant or tenants buying. If so they must sign at paragraph C at the end of the form.
4.
You can share the right to purchase with any member of your family who is not a tenant provided that they live with you. In this case please fill in the following:-
Notes
(ii) Any family member applying to be a joint purchaser should sign paragraph D at the end of this form.
5.
Any member of your family who is not a tenant and who is between 16 and 18 or has not lived with you continuously for the last 6 months may, at your landlords discretion, be included in your application as joint purchasers. If you have ticked any of the 'No' boxes in paragraph 4 it may be helpful if you provide information below to help your landlord decide whether to accept the person as a joint purchaser.
(b) in some circumstances periods which another person (such as your husband or wife) has spent as a public sector tenant can count towards your 2 year qualifying period; (c) time spent living in houses provided by any of the landlords listed at the end of this form can count; (d) periods spent after reaching the age of 16 living in a house where a parent or a member of family was a public sector tenant may count if the child succeeded to the parent's or family member's public sector tenancy; and (e) a joint tenant can add to his period of occupation any period during which he was at least 16 and occupied the house as a member of the family of the tenant.
(ii) Discount under the Right to Buy depends on the length of time spent as a public sector tenant. In general, the level of discount expressed as a percentage of the market value is as follows-
(iii) If your property has been built or refurbished over the last 10 years and your landlord has incurred capital and repair costs (Note that only that portion of repair costs, which is greater than £5,500 will count) that exceed £5,000, this may affect (increase) the purchase price of your home. In such cases, where the amount incurred on the building or improving of the property is greater than its market value, the landlord must sell you the property at that market value.
6.
So that your discount can be calculated please go through the headings in bold below and where a heading applies to you, fill in the boxes in the row opposite the heading. If you are applying jointly with other tenants, each tenant/joint tenant/spouse should fill in a separate table.
(b) any time spent in the past when you were a public sector tenant.
If you are married and living with your husband or wife
(b) was previously married to another person and they lived in a house or flat of which their husband or wife was a public sector tenant.
If you are separated or have been divorced
(b) was previously married to another person and they lived in a house or flat of which their husband or wife at that time was a public sector tenant.
If there has been succession to a public sector tenancy of a parent or a member of the family
(b) a person to whom you are or were once married; and (c) a person to whom your husband or wife was once married.
If you are a joint tenant and occupied a house as a member of the family of a tenant and were over 16
Purchaser's name
Purchaser's name
Purchaser's name
7. Have any of the following people bought a property at a discount from a public sector landlord before.
If you have answered YES to any of the above, please fill in the boxes below for each case:-
Note The amount of any discount on a previous purchase from a public sector landlord, less any sum repaid, will be deducted from the discount allowed on your present purchase. 8. Give details (below) of any tenant's improvements to the house that you think may affect the value of the house eg central heating, double glazing, a fitted kitchen or a new bathroom suite: Notes
(ii) If a member of your family, or your former husband or wife, was the tenant of the house immediately before you, any such improvements they made to the house will also be ignored.
A. To be completed by each tenant wishing to buy. I wish to exercise the right to buy my house/I agree to share in buying the house. I declare that to the best of my knowledge, the information provided in this form is accurate.
B. If you are a tenant and do not wish to buy, please delete whichever one of the two statements set out below does not apply to you (see paragraph 3)-
C. If the husband or wife of any sole or joint tenant lives in the house as their only or principal home, then they must sign the following declaration. If such a husband or wife refuses to give consent, you cannot exercise the right to buy (see Note (iii) to paragraph 3). I understand that an application is being made to buy the house I live in and that my consent to the purchase is necessary. I hereby declare that I agree to the house being bought. Signed: Date: Signed: Date: D. To be filled in by each family member sharing in buying the house who is not a tenant (see paragraphs 4 and 5). I agree to share in buying the house.
MANDATE E. This section should be completed by tenants who have declared previous tenancy with another Public Sector landlord. I hereby declare my/our consent to obtain from my/our previous landlord(s) confirmation of my/our previous tenancy details. Signed: Date: Name and Address: Signed: Date: Name and Address: Signed: Date: Name and Address: ANYONE WHO KNOWINGLY GIVES FALSE INFORMATION ON AN APPLICATION TO PURCHASE FORM IS COMMITTING AN OFFENCE WHICH COULD LEAD TO PROSECUTION. What happens next 1. In parts 1, 3, 4, 6 and 7 you may have given information about your date of birth and marital status. It may therefore be helpful if you could have to hand such things as birth/marriage certificates in case they are asked for. If you have served in the Armed Forces, and you are claiming time entitlement for this period, you may be asked to provide your service record. 2. Your landlord must reply to your application either by letting you have an offer to sell or a refusal. If the landlord refuses, reasons must be given. Your landlord has to reply within 2 months of your application being served. If
(b) you do not agree with your landlord's refusal
you can refer the matter to the Lands Tribunal for Scotland at 1 Grosvenor Crescent, Edinburgh EH12 5ER (Tel: 0131-225-7996).
(b) your landlord.
4.
If you are not buying under the Rent to Mortgage scheme and have received from your landlord or other body an offer of a loan which is less than you need to buy your home, you can take up the fixed price option on the property by paying your landlord £100 within 2 months of receiving an offer to sell. You then have 2 years to decide if you want to go ahead with the sale. The price of your home will not change during this time even if prices rise. If you buy within the 2 years your £100 will count towards the price otherwise the money will be refunded to you at the end of the 2 years.
(b) in delivering a good a marketable title to the property,
in certain circumstances you may be able to count rent paid toward the purchase price. In either case please consult "Your Right to Buy Your Home" booklet.
[1]
1987 c.26; section 63(1) was amended by the Leasehold Reform, Housing and Urban Development Act 1993 (c.28), section 143(1) and (2)(a). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back
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| © Crown copyright 2000 | Prepared 8 May 2000 |