Housing Options Guide

Buying a council house under the “Right to Buy” scheme.

Please Note: The Housing (Scotland) Act 2001 gave Scottish Ministers the power to grant any part of a Local Authority area as pressured. This means that the right to buy is suspended in these areas for new tenants for 5 years. The pressured area designation affects 29 letting areas in South Ayrshire.

There are as follows

• Annpit, Craigie, Heathfield, Newton Green and Woodfield (all five are in Ayr North);
• Ayr Rural, Ayr South Central, Belmont Old, Belmont South, Forehill/Glencairn/Holmston and Kincaidston (all six are in Ayr South);
• Annbank (in Kyle);
• Crosshill, Dunure, Kirkmichael and Maidens (all four in North Carrick);
• Barr, Barhill, Colmonnell and Pinmore (all four are in South Carrick); and
• Eastfield, East Road, Glenburn, Marchburn, Monkton, Moorfield, Mossbank, Prestwick Central and Prestwick Toll (all nine are in Prestwick).

The Modernised Right to Buy scheme

The new Housing (Scotland) Act 2001 significantly changes the terms of “ right to buy” for new council tenants under the new Scottish Secure Tenancy Agreement. These changes came into force on 30th September 2002. This will include existing tenants who transfer to another council tenancy after 30th September 2002. This also includes new tenancies created by transfer, mutual exchanges or assignation and succession (except successions by joint tenants, spouses, co-habitees). Existing tenants, who remain in their current property after 30th September, will retain the old right to buy provision.

Qualifying Period and Discount Levels

The main difference between the old right to buy and the new modernised right to buy in terms of qualifying periods and discount levels are detailed below.

Provision	Old Right to Buy (1987 Act)	Modernised Right to Buy (2001 Act)
Qualifying Period	2 years	5 years (Tenants must have a 5 year continuous period of occupation of a house or succession of houses with the council before they can exercise their right to buy)
Discounts (The price a property is sold to a tenant for is calculated by the market value minus any discount to which the tenant is entitled)	Different rates of discount for flats and houses Discount starts at 32% for houses and 44% for flats rising to a maximum of 60% for houses and 70% for flats	No distinction between houses and flats Discounts start at 20% and increase by 1% per year up to a maximum of 35% or £15,000 whichever is lower

Right to Buy may be suspended where a tenant has outstanding rent / council tax arrears or is currently facing legal action because of alleged anti-social behaviour.