Caven v Irvine Housing Association

Landlord and tenant – Residential tenancy – Scottish secure tenancy – Right to buy – 'Modernised' right to buy. Court of Session: Refusing an appeal by a tenant of a dwelling house who applied to the respondent landlord to purchase the house, purporting to exercise her right to buy, against a decision of the Lands Tribunal that her application for a finding that she had a right to purchase the house was incompetent, the court held that at the time the appellant applied to purchase the property in November 2015 she no longer benefitted from transitional arrangements—those arrangements in her case having come to an end when she exchanged one tenancy for another with the same landlord—and her right to buy the house was suspended and subsequently abolished: in terms of the statutory provisions applicable to the appellant's situation the Tribunal was right to conclude that she had no right to buy capable of being exercised at that time and that therefore her application to buy the property was incompetent.

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