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Housing (Scotland) Act 1988

1988 CHAPTER 43

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Scottish Homes

    1. Establishment and functions

      1. 1. Scottish Homes.

      2. 2. General functions of Scottish Homes.

      3. 3. Dissolution of SSHA and transfer of its property, rights, liabilities and obligations to Scottish Homes.

      4. 4. Regulation of housing associations in Scotland and transfer to Scottish Homes of certain property, rights, liabilities and obligations of Housing Corporation.

    2. Finance and administration

      1. 5. Determination of financial duties of Scottish Homes.

      2. 6. Government grants to Scottish Homes.

      3. 7. Borrowing by and government loans to Scottish Homes.

      4. 8. Guarantees.

      5. 9. Limit on borrowing etc.

      6. 10. Miscellaneous financial directions.

      7. 11. Accounts, annual report of Scottish Homes, etc.

  2. Part II

    Rented Accommodation

    1. Assured tenancies

      1. 12. Assured tenancies.

      2. 13. Letting of a house together with other land.

      3. 14. Tenant sharing accommodation with persons other than landlord.

      4. 15. Certain sublettings not to exclude any part of sublessor’s premises from assured tenancy.

    2. Assured tenancies—security of tenure

      1. 16. Security of tenure.

      2. 17. Fixing of terms of statutory assured tenancy.

      3. 18. Orders for possession.

      4. 19. Notice of proceedings for possession.

      5. 20. Extended discretion of court in possession claims.

      6. 21. Special provisions applicable to shared accommodation.

      7. 22. Payment of removal expenses in certain cases.

    3. Assured tenancies—rents and other terms

      1. 23. Limited prohibition on assignation etc. without consent.

      2. 24. Increases of rent under assured tenancies.

      3. 25. Determination of rent by rent assessment committee.

      4. 26. Access for repairs.

    4. Assured tenancies—miscellaneous

      1. 27. Prohibition of premiums etc. on assured tenancies.

      2. 28. Effect of termination of tenancy on sub-tenancies which are or are under assured tenancies.

      3. 29. Restriction on diligence.

      4. 30. Duty of landlord under assured tenancy to provide written tenancy document and weekly rent book.

      5. 31. Right of succession of spouse.

    5. Short assured tenancies

      1. 32. Short assured tenancies.

      2. 33. Recovery of possession on termination of a short assured tenancy.

      3. 34. Reference of rents under short assured tenancies to rent assessment committee.

      4. 35. Disapplication of rent assessment committee’s functions under section 34.

    6. Protection from eviction

      1. 36. Damages for unlawful eviction.

      2. 37. The measure of damages.

      3. 38. Further offence of harassment.

      4. 39. Variation of scope of sections 23 and 24 of Rent (Scotland) Act 1984.

      5. 40. Cases excluded from sections 23 and 24 of Rent (Scotland) Act 1984.

    7. Power to repeal sections 33 and 58 of Rent (Scotland) Act 1984

      1. 41. Power of Secretary of State to repeal sections 33 and 58 of Rent (Scotland) Act 1984 and to reduce phasing progressively.

    8. Phasing out of Rent (Scotland) Act 1984 and other transitional provisions

      1. 42. New protected tenancies restricted to special cases.

      2. 43. Removal of special regimes for tenancies of housing associations etc.

      3. 44. New “Part VII” contracts limited to transitional cases.

      4. 45. Transfer of existing tenancies.

      5. 46. Statutory tenants: succession.

    9. General Provisions

      1. 47. Rent (Scotland) Act 1984 not to apply to tenancies subject to shared ownership agreements.

      2. 48. Rent assessment committees: procedure and information powers.

      3. 49. Information as to determination of rents.

      4. 50. Powers of local authorities for the purposes of giving information.

      5. 51. Application to Crown.

      6. 52. Saving for common law as to effect of notice of termination upon tacit relocation.

      7. 53. Orders and regulations.

      8. 54. Notice under Part II.

      9. 55. Interpretation of Part II.

  3. Part III

    Change of Landlord: Secure Tenants

    1. 56. Right conferred by Part III.

    2. 57. Persons by whom right may be exercised.

    3. 58. Application to exercise rights conferred by this Part and offer to sell.

    4. 59. Variation of conditions.

    5. 60. Notice of acceptance.

    6. 61. Refusal of applications.

    7. 62. Reference to Lands Tribunal.

    8. 63. Consent for subsequent disposals.

    9. 64. Extension etc. of relevant periods.

  4. Part IV

    1. Miscellaneous and General

      1. 65. “Cost floor” limit on discount on price of house purchased by secure tenant.

      2. 66. Schemes for payments to assist local authority tenants to obtain other accommodation.

      3. 67. Abolition and capitalisation of certain subsidies and contributions.

      4. 68. Abolition of local authority’s power to refer Part VII contracts to rent assessment committees.

      5. 69. Exclusion of SSHA, development corporations and co-operative housing associations from rent limitation under Part VI of Rent (Scotland) Act 1984.

      6. 70. Rent officers: additional functions relating to housing benefit etc.

      7. 71. Power of development corporations to dispose of housing land.

      8. 72. Amendments to the Housing (Scotland) Act 1987 and other enactments and repeals.

      9. 73. Finance.

      10. 74. Short title, commencement and extent.

    1. Schedule 1

      Scottish Homes.

    2. Schedule 2

      Amendments consequential on establishing of Scottish Homes and abolition of SSHA.

    3. Schedule 3

      Scottish Homes: amendments of Housing Associations Act 1985.

    4. Schedule 4

      Tenancies which cannot be assured tenancies.

    5. Schedule 5

      Grounds for possession of houses let on assured tenancies.

      1. Part I

        Grounds on which sheriff must order possession.

      2. Part II

        Grounds on which sheriff may order possession.

      3. Part III

        Suitable alternative accommodation.

      4. Part IV

        Notices relating to recovery of possession.

    6. Schedule 6

      Statutory or statutory assured tenants by succession.

      1. Part I

        New Schedules 1A and 1B to Rent (Scotland) Act 1984 (c. 58).

      2. Part II

        Statutory assured tenants by succession— modification of enactments.

    7. Schedule 7

      Housing (Scotland) Act 1987— amendments connected with consolidation.

    8. Schedule 8

      Housing (Scotland) Act 1987— minor amendments.

    9. Schedule 9

      Consequential amendments.

    10. Schedule 10

      Repeals.

An Act to establish a body having functions relating to housing; and, as respects Scotland, to make further provision with respect to houses let on tenancies; to confer on that body and on persons approved for the purpose the right to acquire from public sector landlords certain houses occupied by secure tenants; to make new provision as to the limit on discount on the price of houses purchased by secure tenants; to provide for the making of local authority grants to assist local authority tenants to obtain accommodation otherwise than as such tenants; to abolish, and make interim provision for the capitalisation of, certain subsidies and contributions relating to housing; to make further provision about rent officers and the administration of housing benefit and rent allowance subsidy; to make provision for the disposal of housing land by development corporations; and for connected purposes.

[2nd November 1988]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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