A consultation paper has been produced by the Scottish Government with a view to reform the Right to Buy. The proposal is either to:

1. abolish it entirely, or

2. remove the preserved Right to Buy and transfer all tenants currently with that entitlement to the modernised Right to Buy

The preferred option (whatever that may be) will be included in the next Housing (Scotland) Bill.

This consultation has already caused a bit of a stir in the political field, not least with the Conservative Party, who introduced the scheme many, many moons ago, labelling the Scottish National Party's current move for abolition/reform as absurd.

CIH Scotland are also reported to have raised the issue of European Convention of Human Rights implications, which have not yet been fully assessed. This may have some bearing on the matter should abolition of the Right to Buy be the outcome of this consultation.

Whatever the outcome, there is a lot to be considered. Does it make more or less financial sense to choose option A or option B? There certainly doesn't seem to be an option to leave things as they are. Also, for tenants'of RSLs who are currently exempt (or have a suspension) from the modernised Right to Buy, would they still be eligible to buy under the legislation or would they lose their entitlement altogether?

You are invited to have your say and we would strongly recommend you take this opportunity if you deal with Right to Buy or just have an opinion on the current legislation. The consultation paper and response form (which can be completed and submitted electronically or printed off for completion) can be found here.

At TC Young, we have a wealth of experience in acting for both landlords and purchasers in shared equity, shared ownership and right to buy transactions and are recognised as one of the leading law firms for the social housing sector in Scotland. Contact us if you wish to discuss any aspect of buying or selling this type of property.