Burns v Central Regional Council
Burns v Central Regional Council
- 1988
- Scots Law Times (1988) SLT 46-49(4) .
LT for Scotland 14 January 1988. Application by tenant (B), under the Tenants Rights Etc (Scotland) Act 1980 s3(4) , for a determination that he was entitled to purchase the dwelling-house let to him by the regional council (C). B is the tenant of a former schoolhouse which is located adjacent to a school. B`s application, under s1 of the Act, to purchase the house from C was met with a notice of refusal, C disputed B`s right to purchase the house on the grounds that it formed part of, or lay within the curtilage of a building held by C for education purposes and consisted of accommodation other than housing accommodation and therefore B`s tenancy was not a secure tenancy and accordingly he had no statutory right to purchase the house. The question at issue was whether the house lay within the curtilage of the adjacent school. Held that the house possessed its own separate curtilage and was not within the curtilage of the school. It was no longer used in connection with the school. A
HOUSING SCOTLAND ACT 1987 PART 3
RIGHT TO BUY
LT for Scotland 14 January 1988. Application by tenant (B), under the Tenants Rights Etc (Scotland) Act 1980 s3(4) , for a determination that he was entitled to purchase the dwelling-house let to him by the regional council (C). B is the tenant of a former schoolhouse which is located adjacent to a school. B`s application, under s1 of the Act, to purchase the house from C was met with a notice of refusal, C disputed B`s right to purchase the house on the grounds that it formed part of, or lay within the curtilage of a building held by C for education purposes and consisted of accommodation other than housing accommodation and therefore B`s tenancy was not a secure tenancy and accordingly he had no statutory right to purchase the house. The question at issue was whether the house lay within the curtilage of the adjacent school. Held that the house possessed its own separate curtilage and was not within the curtilage of the school. It was no longer used in connection with the school. A
HOUSING SCOTLAND ACT 1987 PART 3
RIGHT TO BUY