HC Deb 16 April 1996 vol 275 c449W
Mrs. Ewing

To ask the Secretary of State for Scotland if he will amend the Tenants' Rights etc. (Scotland) Act 1980 so that tenants of council houses whose titles disclose rights of pre-emption to superiors or prohibitions against sub-division are entitled to the benefit of the right to buy. [25429]

Mr. Raymond S. Robertson

The interaction between a tenant's right to buy under the Housing (Scotland) Act 1987, which consolidated earlier legislation, and rights of pre-emption by feudal superiors is at present the subject of an appeal to the House of Lords. It would be inappropriate to amend the legislation in advance of the outcome of the appeal.

Meanwhile, it remains the Government's view that local authorities are free to remove any such obstacle to the exercising of the right to buy by negotiating a waiver of any pre-emption rights with the feudal superior or by applying to the Lands Tribunal for Scotland under section 1 of the Conveyancing and Feudal Reform (Scotland) Act 1970.

Mrs. Ewing

To ask the Secretary of State for Scotland what representations have been received and from whom that the Tenants' Rights etc. (Scotland) Act 1980 should be amended in order to ensure tenants have a statutory right to purchase properties whose titles contain rights of pre-emption and prohibition against sub division. [25430]

Mr. Robertson

I refer the hon. Member to the answer I gave her on 19 October 1995,Official Report, column 321. No further representations have been received.