Disposal of land or property

Application for specific consent under Part 9 of the Housing (Scotland) Act 2010

This application should be completed for all disposals for the sale of property or land not covered by General Consent.

However, where we have agreed an asset management and disposal strategy with you (and this is still current) you do not need to complete this form for any properties listed in that agreed schedule of disposals.

If we have agreed an asset management and disposal strategy with you and you want to amend the list of properties or extend the agreement period you should not use this form but write to us separately at the address below setting out your request and the reasons for it.

Section 1: RSL Details

1Name of RSL
2Contact person (name and job title)
3Correspondence address (if different from registered address)
4Direct telephone no.
5Direct email address.

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Section 2: Disposal Details

6Disposal type (please tick one):
  • Sale of Land

  • Sale of Property

  • Lease of Land

  • Lease of Property

  • Excambion of social or non-socialhousing dwellings, land or other assets over £100,000

  • Other (please specify)

7Full address of property / description of land being disposed of:
Where this disposal relates to multiple properties or land, please attach schedule and if available, a site plan.
8Confirmation that the governing body has agreed to this disposal:
Please attach relevant governing body report(s) and minutes.(Refer to guidance on report requirements). / Yes/No
9Please confirm the date the governing body agreed to this disposal:
10If the RSL has a standard security or floating charge with Scottish Ministers (previously Scottish Homes or the Housing Corporation), please confirm you will get their consent as creditor for this disposal.
You must have consent from Scottish Ministers to complete this disposal application. / Select from List:
No consent required
Yes we will get consent

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Section 3: Saledetails(Please complete this section only if this application is for sale or excambion of property or land)

11What is the independent market valuation?
Please attach the valuation which should not be more than 3 months old. / £
12Is it the intention of the RSL to sell at the market valuation? (If not the governing body papers you attach must explain why and confirm that, where applicable, charity law and the duties and obligations of charitable Trustees have been taken into account). / Yes/No

Section 4: Lease Details(Please complete only if this application is for lease of property or land)

13Confirmation that a lease is being made to another organisation(s), profit making or otherwise, to support new funding initiatives; that this proposed project has been discussed with SHR and agreement has been reached that consent to dispose is required at this stage.
If yes, please provide SHR contact details / Yes/No

Section 5: Charitable RSLs (Please complete only if a Charitable RSL)

14Has the governing body considered the charitable implications of this disposal?
To complete this disposal application, your committee must have considered the charitable implications of this disposal when approving the disposal. / Yes/No

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Section 6: Certification

By submitting this form and the requested attachments, (please insert the name of your RSL) requests consent to the disposal detailed above and certifies that the disposal meets the following conditions:

  1. The disposal is within the terms of the RSL’s governing instrument and charity law where applicable.
  1. The disposal does not affect the quiet enjoyment of the RSL’s residential tenants.
  1. The property is to be disposed of in such a way that there is no failure to comply with the terms and conditions of the offer of any public subsidy or any other grant funding conditions imposed by Scottish Ministers, a local authority or any other public body.
  1. If the disposal is of Scottish Government grant funded land, the RSL is in discussion with Scottish Government or the relevant local authority about any repayment or amendments to the grant and an agreement on this will be reached before the disposal is concluded.
  1. This disposal has governing body authority and decisions have been properly minuted. Where the RSL is a charity, the governing body is satisfied that the disposal; is in line with its charitable objects; is in the best interests of the charity and makes appropriate use of charitable funds.
  1. If the disposal is by way of sale or excambion, a qualified valuer has confirmed the open market value. This confirmation is dated not more than three months before the application for consent is made to the Scottish Housing Regulator.
  1. If the application is for disposal by way of sale or excambion at market value, the disposal should realise a sale price of not less than the market value current at the time of sale. (The RSL is not required to apply for revised consent should the market value change from that quoted in the application.)
  1. The disposal does not affect the RSL’s ability to meet its financial obligations or breach the covenants or other loan conditions contained in any loan agreements entered into with any of its lenders.
  1. The disposal or any related transactions do not constitute a breach of the Scottish Housing Regulator’s Regulatory Standards in relation to payment or benefits.
  1. The Scottish Housing Regulator has not notified the RSL in writing that it may not make a specific disposal or class of disposals under the terms of this Consent.
  1. The disposal will be recorded in the RSL’s Register of Disposals. The register will be kept at the RSL’s head office and be available for Scottish Housing Regulator’s examination at all times. Supporting papers for that disposal should also be easily accessible for verification by the Scottish Housing Regulator.
  1. The disposal fits with the local authority housing strategy (LHS) and where it does not, the disposal has been discussed with the local authority and it has been agreed that it is appropriate for this disposal to go ahead despite non compliance with the LHS.
  1. Where the disposal is by way of lease that requires specific consent the RSL must have SHR’s agreement to the proposals in advance of submitting any consent application. The business case will need to demonstrate to SHR that there are no regulatory impediments to the proposals and there is a strong business case in terms of SHR’s regulatory objective and the RSL’s business objectives.
  1. Any proceeds from disposal will be used to support the social housing activity of the RSL.

Please complete:
Name
Date:
I confirm that the details above are accurate.
Authorised signatory*:

* The authorised signatory is the governing body member or the decision maker with delegated authority. An electronic signature is acceptable.

Please email your completed application including supporting documents to:

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