The Right to Purchase (Application Form) (Scotland) Order 1993

• Citation: S.I. 1993/2182
• Sections: 40

Section 1 Citation, commencement and revocation

(1) This Order may be cited as the Right to Purchase (Application Form) (Scotland) Order 1993 and shall come into force on 27th September 1993.

(2) The Right to Purchase (Application Form) (Scotland) Order 1986 is hereby revoked.

Section 2 Citation, commencement and revocation

The notice to be served under section 63(1) of the Housing (Scotland) Act 1987 (application to purchase) shall be in the form specified in the Schedule to this Order.

Section 1 Notes

Secure tenants of local authorities, Scottish Homes, new town development corporations, registered housing associations, police authorities and fire authorities normally have the right to buy their homes.

Section 1 Notes

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

Section 1 Notes

Your husband or wife may share the right to purchase with you if the property is their only or principal home.

Section 1 Notes

To qualify to purchase your home you must be able to count a total of at least 2 years spent as a secure tenant of a public sector landlord. You need not have spent the 2 years in your present home or with your present landlord, and 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.

Section 1 Present and previous tenancies

Give details of:

(a) your present tenancy if you are a tenant of the property

(b) any periods in the past when you were a public sector tenant.

Section 1 Notes

When the property is valued to fix the price, any improvements which you have made and which would have qualified for reimbursement by the landlord will be ignored and the price may therefore be lower.

Section 1 What happens next?

Your landlord must reply to your application either by issuing an offer to sell or a notice of refusal. He must also give you information about the rent to mortgage scheme. At this stage you must decide whether to go ahead and purchase under right to buy or on the rent to mortgage terms, or to withdraw the application.

Section 2 Notes

You cannot buy your home under rent to mortgage if you live in a designated defective property or if you are receiving, or in the process of applying for housing benefit in the 12 months before the application to purchase.

Section 2 Notes

You can only apply to buy if the property is your only or principal home.

Section 2 Notes

Other family members may share the right to purchase if the property is their only or principal home and they have lived with you throughout the last 6 months (or a shorter period at your landlord’s discretion). A person living with you as your husband or wife, but not actually married to you, is regarded as a member of your family.

Section 2 Notes

You can count towards your entitlement to purchase and to discount, time spent living in houses provided by any of the landlords listed at the end of this form.

Section 2 If you are married and living with your husband or wife

Give details of any periods when your husband or wife:

(a) was a public sector tenant

(b) was previously married to another person and lived in a property of which that person was a public sector tenant.

Section 2 Notes

If a member of your family, or your former husband or wife, was the tenant of the property immediately before you, any such improvements they made to the property will also be ignored.

Section 2 What happens next?

If the right to purchase is refused, the reasons must be given. Your landlord has to reply within 2 months of your application being served. If you are not satisfied with the terms of the offer or if you do not agree with your landlord that you have no right to purchase you can refer the matter to the Lands Tribunal for Scotland at 1 Grosvenor Crescent, Edinburgh EH12 5ER ( Tel. [phone]).

Section 3 Notes

If you 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, it will be necessary 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.

Section 3 Notes

Give the details below for each tenant of the property:

Section 3 Notes

The agreement and signature (see Part 8 ) of any tenant who does not wish to buy must be obtained before you can apply to purchase. Their tenancy will end when you buy the property.

Section 3 Notes

Periods spent after reaching the age of 16 living in a property of which a parent was a public sector tenant may count for qualification and discount if the child succeeded to the parent’s public sector tenancy.

Section 3 If you are separated or have been divorced

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

Section 3 Notes

You should give details of any such improvements if you think they may affect the value of the property eg central heating, double glazing, a fitted kitchen or a new bathroom suite.

Section 3 What happens next?

Once you know the price you have to pay, 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–

(a) you can apply to your landlord who must by law offer a loan based on your income and that of any joint purchaser;

(b) registered housing association tenants should apply to Scottish Homes; and

(c) tenants of New Towns should apply to their development corporation.

Section 4 Notes

Your home will be valued by either a qualified valuer nominated by your landlord and acceptable to you, or the district valuer. If you do not want to accept your landlord’s valuer the property will automatically be valued by the district valuer.

Section 4 Notes

If you wish to share the right to purchase with any member of your family who is not a tenant, give their details below:

Section 4 Notes

Discount under the right to buy depends on periods of time spent as a public sector tenant. In general, if you are the tenant of a house and you have the 2 year period needed to qualify to buy, you will be entitled to a discount of 32%. You may also be entitled to an extra 1% discount for each complete year over the 2 years. So if, for instance, you have been a public sector tenant for 10 years, your discount could be 40%. The maximum discount for houses is 60% after 30 years tenancy.

Section 4 If your husband or wife has died and you were living together when he or she died

Give details of any periods when your deceased husband or wife:

(a) was a public sector tenant

(b) was previously married to another person and lived in a property of which that person was a public sector tenant.

Section 4 What happens next?

If you are not buying under the rent to mortgage scheme and have received an offer of a loan from a building society, bank or other financial institution which is less than you need to buy your home, you can take up the fixed price optio`n on the property by paying your landlord £100 within 2 months of receiving an offer of loan. 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 property 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.

Section 5 Notes

If you do not accept an offer to sell within the appropriate time limits and you do not take up the fixed price option–available only to those not purchasing under rent to mortgage–your position as a tenant will not be affected in any way. You are entitled to submit a further application to purchase whenever you wish.

Section 5 Notes

Notes (The notes in this instance are given for convenience before the part to be filled in)

Section 5 Notes

In general, if you are the tenant of a flat and you have the 2 year period needed to qualify for the right to buy, you will be entitled to a discount of 44%. You may also be entitled to an extra 2% discount for each complete year over the 2 years. So if, for instance, you have been a public sector tenant for 5 years, your discount could be 50%. The maximum discount for flats is 70% after 15 years tenancy.

Section 5 Tenants who have succeeded to a public sector tenancy from a parent

Give details of any periods when:

(a) you were over the age of 16 and living with a parent who was a public sector tenant

(b) a person to whom you are or were previously married was over the age of 16 and living with a parent who was a public sector tenant

(c) a person to whom your husband or wife was previously married was over the age of 16 and living with a parent who was a public sector tenant.

Section 5 What happens next?

If your landlord does not issue an offer to sell within 2 months you may be able to count rent paid towards the purchase price. Please refer to The Scottish Office Environment Department booklet “Your Right to Buy Your Home” for details of how this works.

Section 6 Notes

In general, under rent to mortgage , if you are the tenant of a house and you have the 2 year period needed to qualify to buy, you will be entitled to a discount of 17%. You may also be entitled to an extra 1% discount for each complete year over the 2 years. So if, for instance, you have been a public sector tenant for 10 years, your discount could be 25%. The maximum discount for houses under this scheme is 45% after 30 years tenancy.

Section 6 Purchaser’s name

Give details below of any previous purchase at a discount from a public sector landlord which you (or your husband or wife or deceased husband or wife) have made. If you are applying to buy jointly with others, give details in relation to each purchaser.

Section 6 What happens next?

In certain circumstances you may be able to count rent paid toward the purchase price if your landlord delays unreasonably in delivering a good and marketable title to the property. For further information please consult “Your Right to Buy Your Home” booklet.

Section 7 Notes

In general, if you are a tenant of a flat and you have the 2 year period needed to qualify to buy, you will be entitled to a discount of 29%. You may also be entitled to an extra 2% discount for each complete year over the 2 years. So if, for instance, you have been a public sector tenant for 5 years, your discount could be 35%. The maximum discount for flats is 55% after 15 years tenancy.

Section 7 Note

Give details of any tenant’s improvements to the property:

Section 8 Notes

Your discount may be restricted if your house has been built or improved in the period of around 5 years before the date of service of the application to purchase. In many cases, you may still be entitled to buy your home at less than its market value, but you may not qualify for full discount.

Go through the headings below. Where a heading applies to you, give details in the table opposite. If you are applying to buy jointly with others, each purchaser should fill in a separate table.

Section 8 Notes

To be completed by each tenant wishing to buy:

I wish to exercise my right to purchase

To be completed by each family member (who is not a tenant) sharing the right to purchase:

I agree to share the right to purchase

To be completed by each tenant not wishing to purchase:

(Your tenancy will end if the purchase goes ahead)

I do not wish to exercise my right to purchase

I agree to the above purchaser(s) exercising the right to purchase