Section 120 Unaffected tenantsI1

Scotland

(1)

In this section, “unaffected tenant” means a tenant of a house included in a proposed disposal of land who the registered social landlord expects to have vacated the house before the disposal is made.

(2)

The registered social landlord—

(a)

need not give notice (or further notice) under section 115 to an unaffected tenant, and

(b)

may exclude an unaffected tenant from any ballot conducted under F1section 115A(1)(a), and

F2(c)

need not seek the agreement of an unaffected tenant when seeking written agreement under section 115A(1)(b).

(3)

But, where a registered social landlord does not give such a notice or so excludes a tenant from the ballot or does not seek the tenant's written consent, the F3registered social landlord must confirm that the tenants concerned have all vacated the houses concerned when notifying the Regulator under section 115A(2).

Annotations

Textual amendments

F1: Words in s. 120(2)(b) substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 4(7)(a)(i), 11(2); S.S.I. 2018/253, reg. 2(2)
F2: S. 120(2)(c) substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 4(7)(a)(ii), 11(2); S.S.I. 2018/253, reg. 2(2)
F3: Words in s. 120(3) substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 4(7)(b), 11(2); S.S.I. 2018/253, reg. 2(2)

Commencement

I1: S. 120 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)