(introduced by section 27)
1 The landlord in a Scottish secure tenancy must—
(a) ensure that the house is, at the commencement of the tenancy, wind and watertight and in all other respects reasonably fit for human habitation, and
(b) keep the house in such condition throughout the tenancy.
2 The landlord must, before the commencement of the tenancy—
(a) inspect the house and identify any work necessary to comply with the duty in paragraph 1(a), and
(b) notify the tenant of any such work.
3 The landlord must—
(a) ensure that any work necessary to comply with the duty in paragraph 1(b) is carried out within a reasonable time of the tenant notifying the landlord, or the landlord otherwise becoming aware, that it is required, and
(b) make good any damage caused by the carrying out of the work.
4 The landlord, or any person authorised by it in writing, may at any reasonable time, on giving 24 hours' notice in writing to the tenant or occupier, enter the house for the purpose of—
(a) viewing its state and condition,
(b) carrying out any work necessary to comply with the duty in paragraph 1(b) or 3.
5 (1) In determining for the purposes of paragraph 1 whether a house is fit for human habitation, regard is to be had to the extent, if any, to which by reason of disrepair or sanitary defects the house falls short of the provisions of any building regulations in force in the area.
(2) For the purposes of sub-paragraph (1), “building regulations” has the same meaning as in section 338(1) of the 1987 Act.
6 In paragraph 5, “sanitary defects” includes lack of air space or of ventilation, lack of lighting, dampness, absence of adequate and readily accessible water supply or of sanitary arrangements or of other conveniences, and inadequate paving or drainage of courts, yards or passages.
(introduced by sections 28, 32 and 33)
1 A tenant under a Scottish secure tenancy who wishes to carry out work must make a written application to the landlord for the landlord’s consent, giving details of the proposed work.
2 The landlord may—
(a) consent,
(b) consent subject to such reasonable conditions as the landlord may impose, or
(c) refuse consent, provided that it is not refused unreasonably.
3 The conditions which may be imposed under paragraph 2(b) include conditions as to the standard to which the work is to be carried out; and in considering whether to impose such a condition the landlord must have regard to—
(a) the age and condition of the house,
(b) the cost of complying with the condition, and
(c) any guidance issued under section 28(4).
4 The landlord must intimate its consent or refusal, any conditions imposed and, in the case of refusal, the reasons for the refusal, to the tenant in writing within one month of receipt of the application.
5 If the landlord fails to comply with paragraph 4, it is to be taken to have consented to the application.
6 A tenant who is aggrieved by a refusal, or by any condition imposed under paragraph 2(b), may raise proceedings by summary application.
7 In such proceedings the court must, unless it considers that the refusal or, as the case may be, the condition is reasonable, order the landlord to consent to the application or to withdraw the condition.
8 In deciding whether a refusal or a condition is reasonable the court is to have regard in particular to—
(a) the safety of occupiers of the house or of any other premises,
(b) any expenditure which the landlord is likely to incur as a result of the work,
(c) whether the work is likely to reduce the value of the house or of any premises of which it forms part, or to make the house or such premises less suitable for letting or for sale, and
(d) any effect which the work is likely to have on the extent of the accommodation provided by the house.
9 A tenant under a Scottish secure tenancy who, in pursuance of section 32(1), wishes to assign, sublet or otherwise give up to another person possession of the house or any part of it or take in a lodger must make a written application to the landlord for the landlord’s consent, giving details of the proposed transaction, and in particular of any payment which has been or is to be received by the tenant in consideration of the transaction.
10 A tenant under a Scottish secure tenancy who, in pursuance of section 33(1), wishes to exchange the house which is the subject of the tenancy for another house which is the subject of a Scottish secure tenancy must make a written application to the landlord and (if different) to the landlord of the other house for consent, giving details of the proposed transaction and, in particular, of the other house.
11 On an application under paragraph 9 or 10 the landlord may—
(a) consent, or
(b) refuse consent, provided that it is not refused unreasonably.
12 The landlord must intimate its consent or refusal and, in the case of refusal, the reasons for the refusal, to the tenant in writing within one month of receipt of the application.
13 If the landlord fails to comply with paragraph 12, it is to be taken to have consented to the application.
14 A tenant who is aggrieved by a refusal may raise proceedings by summary application.
15 In such proceedings the court must, unless it considers that the refusal is reasonable, order the landlord to consent to the application.