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Statutory Instruments of the Scottish Parliament


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URL: http://www.bailii.org/scot/legis/num_reg/2000/20000120.html

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SCOTTISH STATUTORY INSTRUMENTS


2000 No. 120

HOUSING

The Right to Purchase (Application Form) (Scotland) Order 2000

  Made 25th April 2000 
  Coming into force 1st June 2000 

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



SCHEDULE
Article 2


APPLICATION TO PURCHASE YOUR HOME




Before filling in any part of this form please read the notes relating to that part. The notes are not a complete or authoritative statement of the law. PLEASE FILL IN  - 

Surname

You may also find it helpful to read The Scottish Executive booklet "Your Right to Buy Your Home". You can get a copy from your landlord, local citizens' advice centre or The Scottish Executive Development Department, Housing Division, (phone 0131-244-2857 or 2021). Your landlord will help you to fill in this form free of charge. First names
WHEN YOU HAVE FILLED IN THIS FORM, TAKE IT OR SEND IT BY RECORDED DELIVERY TO YOUR LANDLORD. IF YOU TAKE IT BY HAND, ASK FOR A RECEIPT. KEEP A COPY YOURSELF.  
If you would like advice on any aspect of buying your home, you should consider taking legal advice or discuss the matter with your local citizens' advice centre, to make sure that your interests are fully protected. This is important if you have been approached by someone to buy your home, in return for handing over ownership of the house to that person at a later date. Address of the house you wish to buy:

Postcode:

Telephone no:

If you rent a garage/lock-up do you wish to buy it?

Please tick one box only.

YES opensquare NO opensquare




Please tick appropriate box
     1. Do you wish to purchase under:

    (a) Right to Buy terms? or

opensquare
(b) Rent to Mortgage terms?

opensquare
Please tick one box only  
(c) If you are buying under Rent to Mortgage, please give your date of birth:

opensquare

Notes


      (i) If you wish to buy your house you will wish to consider whether Right to Buy or Rent to Mortgage is more appropriate to your circumstances. The "Your Right to Buy Your Home" booklet explains how both schemes work.

      (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

      (iv) You cannot buy your home under Rent to Mortgage if you live in a designated defective property; and

      (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.

           2. Who do you wish to value the house?

      Please tick one box only
        The district valuer of the Valuation Office Agency opensquare

      Landlord nominated valuer opensquare


Note
The district valuer will automatically value your house unless your landlord has suggested, and you have agreed, that the valuation is carried out by a valuer nominated by your landlord. You are free to decide whether or not to accept a valuer nominated by your landlord.

The district valuer is completely independent.
     3. For each tenant of the house please fill in the following:-

Surname First names Date of birth Does the tenant wish to buy?

Please tick appropriate box

      Yes opensquare No opensquare
      Yes opensquare No opensquare
      Yes opensquare No opensquare
      Yes opensquare No opensquare

Notes


      (i) You are the tenant or joint tenant if your name appears on the tenancy agreement, rent book or rent card.

      (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:-

Have they lived with you for the last 6 months as their only or principal home? Are they at least 18 years of age?
Surname First names Relationship to tenant Please tick appropriate box
      Yes opensquare No opensquare Yes opensquare No opensquare
      Yes opensquare No opensquare Yes opensquare No opensquare
      Yes opensquare No opensquare Yes opensquare No opensquare

Notes


      (i) Your husband or wife or other family member who is not a tenant may share the right to buy with you if they are at least 18 and have lived with you throughout the last 6 months in the house as their only or principal home. A person living with you as your husband or wife, but not married to you, is regarded as a family member (for periods shorter than 6 months please see part 5 below).

      (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.

    

    

    

    

    

Note
An example of information which is helpful would be to give details of how long a member of your family who has not lived with you throughout the last 6 months has been living with you; whether they have lived with you for a longer period of time in the past and the reasons why they are likely to continue living with you.

Notes for paragraph 6
(For convenience, these notes are given before the part to be filled in)

      (i) To qualify to buy your home you must, immediately prior to applying to buy your home, have spent a total of at least 2 years as a tenant of a public sector landlord (see page 17) but:-

        (a) you need not have spent the 2 years in your present home or with your present landlord;

        (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-

      Right to Buy Rent to Mortgage
      Years spent as tenant Houses Flats Houses Flats
      2-4 32%-34% 44%-48% 17%-19% 29%-33%
      5-9 35%-39% 50%-58% 20%-24% 35%-43%
      10-14 40%-44% 60%-68% 25%-29% 45%-53%
      15-19 45%-49% 70% 30%-34% 55%
      20-24 50%-54% 70% 35%-39% 55%
      25-29 55%-59% 70% 40%-45% 55%
      30 and over 60% 70% 45% 55%

      (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.

Present and previous tenancies
Give details in row 1 of:

    (a) your present tenancy; and

    (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
Give details in row 2 of any periods when your husband or wife:

    (a) was a public sector tenant; or

    (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
Give details in row 3 of any periods when you were living and married in a property of which your separated or former husband or wife was a public sector tenant.

If your husband or wife has died and you were living together when he or she died
Give details in row 4 of any periods when your deceased husband or wife:

    (a) was a public sector tenant; or

    (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
Give details in row 5 of any periods when any of the following people were over the age of 16 and living with a parent or a member of their family who was a public sector tenant:

    (a) you;

    (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
Give details in row 6 of the periods of such occupation when you were over 16.


Purchaser's name
Period Name of tenant(s) Address of Property Name of landlord
From (month and year) To (month and year)      
     1.

       
     2.

       
     3.

       
     4.

       
     5.

       
     6.

       




Purchaser's name
Period Name of tenant(s) Address of Property Name of landlord
From (month and year) To (month and year)      
     1.

       
     2.

       
     3.

       
     4.

       
     5.

       
     6.

       




Purchaser's name
Period Name of tenant(s) Address of Property Name of landlord
From (month and year) To (month and year)      
     1.

       
     2.

       
     3.

       
     4.

       
     5.

       
     6.

       




Purchaser's name
Period Name of tenant(s) Address of Property Name of landlord
From (month and year) To (month and year)      
     1.

       
     2.

       
     3.

       
     4.

       
     5.

       
     6.

       

     7. Have any of the following people bought a property at a discount from a public sector landlord before.

Please tick appropriate box
Yes No
(a) you or

Yes opensquare No opensquare
(b) your husband or wife; or

Yes opensquare No opensquare
(c) your deceased husband or wife; or

Yes opensquare No opensquare
(d) a joint buyer with you of this house.

Yes opensquare No opensquare

If you have answered YES to any of the above, please fill in the boxes below for each case:-

Address of property Name of public sector landlord Name of previous buyer Date of purchase (month and year)
       
       
       

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


      (i) When the house is valued to fix the price, any improvements you have made will be ignored and the price may therefore be lower. (Note: This refers to those improvements, the cost of which, had you given up your tenancy, you could have got back from your Landlord).

      (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.

SIGNATURES

     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.

Signature Surname First names Date
       
       
       
       

     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)-

  • I do not wish to exercise my right to buy and I agree to the above tenants buying the house.

  • I do not agree to the above tenants buying the house.

    Signature Surname First names Date
           

  • I do not wish to exercise my right to buy and I agree to the above tenants buying the house.

  • I do not agree to the above tenants buying the house.

           

  • I do not wish to exercise my right to buy and I agree to the above tenants buying the house.

  • I do not agree to the above tenants buying the house.

           

         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.

    Signature Surname First names Date
           
           
           
           

    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

      (a) you are not satisfied with the terms of the offer, or

      (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).

         3. Once you know the price, you will have to consider how to raise the money. To obtain a mortgage you might apply to a building society, a bank or other financial institution. If you are not buying under the Rent to Mortgage scheme and are refused a loan by them the following people must offer you a loan based on your income and that of any joint buyer:-

      (a) Scottish Homes, where you are a registered housing association tenant;

      (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.

    Delays
         5. If your landlord delays-

      (a) by not issuing an offer to sell within 2 months; or

      (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.

    Landlords Relevant for Calculation of Entitlement to Purchase and Discount
    Agriculture and Food Research Council

    The Armed Forces

    British Airports Authority

    British Coal Corporation

    British Gas Corporation

    British Railways Board

    British Steel Corporation

    British Waterways Board

    Central Electricity Generating Board

    Civil Aviation Authority

    Commission for the New Towns

    Commissioners for Northern Lighthouses

    Countryside Council for Wales

    The Development Board for Rural Wales

    The Electricity Council

    The English Sports Council

    A Fire Authority

    Forestry Commission

    Highlands and Islands Enterprise

    HM Coastguard

    A Housing Co-operative in Scotland, England and Wales

    Housing Corporation

    Local Authorities

    Medical Research Council

    Ministry of Defence

    National Bus Company

    National Health Service Trusts

    National Rivers Authority

    Natural Environment Research Council

    Nature Conservancy Council for England

    New Town Development Corporations

    North of Scotland Hydro Electric Board

    Northern Ireland Housing Executive

    A Police Authority

    The Post Office

    The Prison Service

    A Registered Housing Association

    Science and Engineering Research Council

    Scottish Natural Heritage

    Scottish Special Housing Association and Scottish Homes

    Scottish Sports Council

    Scottish Transport Group

    South of Scotland Electricity Board

    Sports Council

    Sports Council for Wales

    State Hospital in Scotland or a Special Hospital in England

    Trinity House

    United Kingdom Atomic Energy Authority

    United Kingdom Sports Council

    A Water Authority

    Waverley Housing Trust Limited

    WESLO Housing Management

    Any other Government Department or Minister of the Crown

    EXPLANATORY NOTE

    (This note is not part of the Order)

    This Order revokes the Right to Purchase (Application Form) (Scotland) Order 1993 and prescribes another form of notice which is to be used by any secure tenant within the meaning of Part III of the Housing (Scotland) Act 1987, when exercising the right to purchase a dwellinghouse conferred by section 61 of that Act. The notice in this Order has been redesigned. The notice contains-

    [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

    [2] S.I. 1993/2182.back


    ISBN 0 11 059329 4


  •  



    © Crown copyright 2000
    Prepared 8 May 2000


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