Office of Public Sector Information
PART 1 continued CHAPTER 4 continued
(1) The private rented housing committee which made a repairing standard enforcement order may, at any time—
(a) vary the order in such manner as they consider reasonable, or
(b) where they consider that the work required by the order is no longer necessary, revoke it.
(2) Where subsection (3) applies, the committee must vary the repairing standard enforcement order in question—
(a) so as to extend, or further extend, the period within which the work required by the order must be completed, and
(b) in such other manner as they think fit.
(3) This subsection applies where—
(a) the committee consider, on the submission of the landlord or otherwise, that the work required by a repairing standard enforcement order has not been, or will not be, completed during the period within which the order requires the work to be completed, and
(b) the committee—
(i) consider that satisfactory progress has been made in carrying out the work required, or
(ii) have received a written undertaking from the landlord stating that the work required will be completed by a later date which the committee consider satisfactory.
(4) References in this Act (including this section) to a repairing standard enforcement order or to work required by such an order are, where the order has been varied under this section, to be treated as references to the order as so varied or, as the case may be, to work required by the order as so varied.
(1) It is for the private rented housing committee to decide whether a landlord has complied with a repairing standard enforcement order made by the committee.
(2) Where the committee decide that a landlord has failed to comply with the repairing standard enforcement order, the committee must—
(a) serve notice of the failure on the local authority, and
(b) decide whether to make a rent relief order.
(3) The committee may not decide that a landlord has failed to comply with a repairing standard enforcement order—
(a) unless the period within which the order requires the work to be completed has ended, or
(b) if the committee are satisfied, on the submission of the landlord or otherwise—
(i) that the landlord is unable to comply with the order because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or
(ii) that the work required by the order is likely to endanger any person.
(4) Where the committee are prevented by reason only of subsection (3)(b) from deciding that a landlord has failed to comply with a repairing standard enforcement order, the committee must serve notice on the local authority stating that they consider the landlord to be unable to comply with the repairing standard enforcement order.
(1) A rent relief order is an order by a private rented housing committee which reduces any rent payable under the tenancy in question by such amount (not exceeding 90% of the rent which would, but for the order, be payable) as may be specified in the order.
(2) A private rented housing committee may make a rent relief order only where they have decided that a landlord has failed to comply with a repairing standard enforcement order which has effect in relation to the house concerned.
(3) A rent relief order does not affect the terms or validity of the tenancy to which it relates (otherwise than by reducing the rent payable under the tenancy).
(4) The committee may decide to revoke a rent relief order at any time; and the committee must decide to do so if—
(a) the repairing standard enforcement order to which the rent relief order relates is revoked, or
(b) a certificate is granted under section 60 in relation to the work required by that repairing standard enforcement order.
(5) The revocation of a rent relief order does not make a tenant liable to pay any rent which the tenant would, but for the rent relief order, have been liable to pay under the tenancy while the rent relief order had effect.
(1) A landlord who, without reasonable excuse, fails to comply with a repairing standard enforcement order commits an offence.
(2) For the purposes of subsection (1), a landlord has reasonable excuse for failing to comply with a repairing standard enforcement order if—
(a) the landlord is unable to comply with the order because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or
(b) the work required by the order is likely to endanger any person.
(3) Subsection (2) does not affect the generality of the defence of reasonable excuse.
(4) A landlord cannot be guilty of an offence under subsection (1) unless the private rented housing committee which made the repairing standard enforcement order in question has decided that the landlord has failed to comply with it (but such a decision does not establish a presumption that the landlord has committed an offence under subsection (1)).
(5) A landlord commits an offence if the landlord enters into a tenancy or occupancy arrangement in relation to a house at any time during which a repairing standard enforcement order has effect in relation to the house.
(6) A landlord does not commit an offence under subsection (5) if the private rented housing committee which made the order has consented to the landlord entering into the tenancy or occupancy arrangement.
(7) A landlord who is guilty of an offence under subsection (1) or (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) The president of the private rented housing panel must, in respect of each reporting year, prepare a written report on the exercise of functions by the president, by the panel and by private rented housing committees during that year.
(2) Each such report must report the frequency with which applications to the panel (whether valid or invalid within the terms of section 22) include complaints about the landlord’s management of the tenancy.
(3) The president must submit each such report to the Scottish Ministers as soon as practicable after the end of the reporting year to which it relates.
(4) The Scottish Ministers must lay before the Scottish Parliament a copy of each such report submitted to them.
(5) A reporting year for the purposes of this section is—
(a) the period beginning with the day on which this section comes into force and ending with 31 December next following that date, and
(b) each successive calendar year.
(1) The local authority may require the owner of a house to carry out work in it for the purposes of—
(a) implementing an HRA action plan in relation to any house identified in the plan, or
(b) bringing any house which the local authority considers to be sub-standard (whether or not situated in an HRA) into, or keeping it in, a reasonable state of repair.
(2) A requirement under subsection (1) must be made by serving notice (a “work notice”) in accordance with section 62.
(3) The work notice must specify—
(a) the reason for the requirement (by reference, if the requirement relates to any house other than the house in which the work is to be carried out, to the condition of that other house),
(b) the work which requires to be carried out,
(c) any standard which that house is to meet on completion of the work, and
(d) the period within which the work must be completed.
(4) The period so specified must be the period beginning with the date from which the notice has effect within which the local authority reasonably considers that the work required can be completed (but must not, in any case, be a period of less than 21 days).
(5) The work notice may also specify particular steps which the local authority requires to be taken in carrying out the work required.
(1) The local authority may suspend a work notice if satisfied that carrying out the work required is likely to be detrimental to the health of any resident of the house concerned.
(2) The local authority may lift a suspension under subsection (1) at any time.
(3) The local authority must give notice of any—
(a) suspension, or
(b) lifting of a suspension,
in accordance with section 62.
(4) A notice under subsection (3)(b) may—
(a) extend the period within which the work requires to be completed by such period as the local authority considers reasonable,
(b) specify particular steps which the local authority requires to be taken in carrying out the work required (in addition to or in place of any such steps specified in the work notice or in any previous notice under subsection (3)(b)).
(1) The local authority may revoke a work notice if—
(a) the house to which it relates is demolished, or
(b) it considers that the work required by the notice is no longer necessary for the purpose for which the notice was served.
(2) The local authority must give notice of any such revocation in accordance with section 62.
(1) Where a house is identified in an HRA action plan as a house which the local authority considers to be in a state of serious disrepair and ought to be demolished, the local authority may require the owner of the house to demolish it.
(2) A requirement under subsection (1) must be made by serving notice (a “demolition notice”) in accordance with section 62.
(3) The demolition notice must specify—
(a) the reason for the requirement,
(b) the standard to which the demolition is to be carried out (including any standard to which the site of the demolished house must be cleared), and
(c) the period within which the demolition must be carried out.
(4) The period so specified must be the period beginning with the date from which the notice has effect within which the local authority reasonably considers that the demolition can be completed (but must not, in any case, be a period of less than 21 days).
(1) The local authority may, at any time, extend the period within which any—
(a) work required by a work notice, or
(b) demolition required by a demolition notice,
must be completed by such period as it considers reasonable.
(2) But such a period may be extended only where the local authority—
(a) considers that satisfactory progress has been made in carrying out the work or demolition, or
(b) has received a written undertaking from the owner stating that the work or demolition will be completed by a later date which the authority considers satisfactory.
(3) The local authority must give notice of any extension in accordance with section 62.
(1) If the owner of a house fails to comply with a work notice or a demolition notice, the local authority may carry out—
(a) the work or the demolition required by the notice, and
(b) any other work which, in the course of carrying out work or demolition authorised by paragraph (a), the local authority finds to be required for the purposes of—
(i) implementing an HRA action plan in relation to any house identified in it, or
(ii) bringing any house which the local authority considers to be sub-standard (whether or not situated in an HRA) into, and keeping it in, a reasonable state of repair,
but which it could not reasonably have known to be so required before it served the work notice or demolition notice.
(2) The local authority may not carry out any work authorised by subsection (1)(a) unless—
(a) the period within which the work or demolition requires to be carried out has ended, or
(b) the owner has given notice to the local authority—
(i) of being unable to comply with the work notice or demolition notice because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or
(ii) stating that the owner considers that carrying out the work or demolition required is likely to endanger any person.
(3) Before carrying out any work authorised by subsection (1)(b) the local authority must give 21 days' notice of its intention to do so in accordance with section 62.
(4) The requirement to give notice under subsection (3) does not apply if the local authority considers—
(a) that the situation is urgent, or
(b) that it would otherwise be impractical to carry out work authorised by subsection (1)(a) before carrying out any work authorised by subsection (1)(b).
(1) Where a private rented housing committee notifies the local authority that a landlord—
(a) is unable to comply with the duty imposed by section 14(1)(b), or
(b) has failed, or is unable, to comply with a repairing standard enforcement order,
the local authority may carry out the work specified in subsection (2).
(2) That work is—
(a) the work needed to bring the house concerned up to the repairing standard or, as the case may be, the work required by the repairing standard enforcement order, and
(b) any other work which, in the course of carrying out work required by the order, the local authority finds to be required for the purposes of enabling the work required by the order to be carried out.
(3) Before carrying out any work authorised by subsection (1) the local authority must give 21 days' notice of its intention to do so to the landlord and the tenant under the tenancy to which the order relates.
(4) The requirement to give notice under subsection (3) does not apply if the local authority considers—
(a) that the situation is urgent, or
(b) in the case of work falling within subsection (2)(b), that it would otherwise be impractical to carry out any other work in respect of which notice has been given under subsection (3) before carrying out the work in question.
(1) Where the local authority—
(a) is required or authorised by or under this Chapter to carry out work in, or to demolish, a house, and
(b) considers that doing so is likely to endanger the occupant of any land or premises,
it must require that occupant to move from the land or premises.
(2) A requirement under subsection (1) must be made by serving a notice on the occupant specifying—
(a) by reference to the work or demolition which the local authority is required or authorised to carry out, the reason why the occupant is required to move, and
(b) the period, beginning not less than 14 days after the date on which the notice is served, within which the occupant must move.
(3) A requirement under subsection (1) ceases to have effect if—
(a) the sheriff refuses to grant a warrant under section 38(4) in relation to it, or
(b) the work or demolition concerned is completed.
(1) Where an occupant has not complied with a requirement under section 37(1), the local authority may, by summary application, apply to the sheriff for a warrant for the ejection of the occupant from the land or premises in question.
(2) No such application may be made before the expiry of the period specified in the notice served under section 37(2).
(3) On such an application, the sheriff may require the service of a further notice on the occupant.
(4) The sheriff may, if satisfied that the occupant is likely to be endangered by the carrying out of the work or demolition concerned, grant a warrant of ejection requiring the occupant to move from the land or premises in question, within such period as the sheriff may determine, until the work or demolition is completed.
(5) Such a warrant—
(a) may be made subject to such other conditions (including conditions with respect to payment of rent) as the sheriff thinks just and equitable, but
(b) where a further notice is served under subsection (3), may not require the occupant to move before the day which is 14 days after service of that notice.
(6) No such warrant may require a person to move from any living accommodation which is that person’s only or main residence unless the sheriff is satisfied that suitable alternative living accommodation on reasonable terms will be available to that person.
(7) The reference in subsection (6) to suitable alternative living accommodation is a reference to living accommodation which is suitable for occupation by the resident and any other person whose only or main residence would, but for the location of that other person’s place of work or of any educational institution which the person attends, be the living accommodation concerned.
(8) The sheriff’s decision on the application is final.
(9) Refusal by the sheriff to grant any warrant sought under this section does not affect the validity of the work notice, demolition notice or repairing standard enforcement order in relation to which the warrant was sought.
(10) Nothing in the Rent (Scotland) Act 1984 (c. 58) or in Part 2 of the Housing (Scotland) Act 1988 (c. 43) restricts the power of a local authority to apply for, or the power of the sheriff to grant, a warrant under subsection (4).
(1) A person commits an offence if the person, knowing that a requirement under section 37(1) has effect in relation to any land or premises—
(a) occupies it or them, or
(b) permits such occupation.
(2) A person guilty of an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.
(3) It is not an offence under subsection (1)—
(a) for a person to continue to occupy any land or premises which that person occupied on the day on which the requirement under section 37(1) is made, or
(b) to permit such a person to continue occupation.
(1) Where a local authority is authorised by section 35 to demolish a house the authority may, before carrying out the demolition, acquire the house and its site—
(a) by agreement, or
(b) with the authorisation of the Scottish Ministers, compulsorily.
(2) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) applies in relation to an acquisition under subsection (1)(b) as if that provision were contained in an Act of Parliament in force immediately before the commencement of that Act (with references in that Act to land being read as references to the house and its site).
(1) The local authority may sell any material arising from the demolition of a house in pursuance of section 35.
(2) The local authority may set off the proceeds of any such sale against any sum recoverable under section 59 in relation to the demolition (so far as not otherwise recovered).
(3) If those proceeds exceed the total of any such sums, the local authority must account to the owner of the house for the surplus.
(1) The local authority may by order (a “maintenance order”) require the owner of a house to prepare a plan (a “maintenance plan”) for securing the maintenance of the house to a reasonable standard over such period not exceeding 5 years as may be specified in the order.
(2) A maintenance order may be made only if the local authority considers—
(a) that any benefit arising from work carried out in pursuance of a work notice or a repairing standard enforcement order has been reduced or lost because of a lack of maintenance, or
(b) that the house has not been, or is unlikely to be, maintained to a reasonable standard.
(3) A maintenance order must require the owner of the house concerned to submit the maintenance plan, by such date as may be specified in the order, to the local authority for approval.
A maintenance plan must—
(a) specify the maintenance which requires to be carried out over the period during which the plan is to apply,
(b) specify—
(i) any steps to be taken for the purposes of carrying out that maintenance (including any steps to be taken where anything to be maintained under the plan requires to be repaired or replaced), and
(ii) when any such steps are to be taken, and
(c) set out an estimate of the costs likely to be incurred in implementing the plan.
(1) A maintenance order may, where any premises consist of two or more houses, require the owners of those houses to prepare jointly a maintenance plan in relation to any part of the premises, including any part—
(a) which is owned in common by those owners, or
(b) which those owners are responsible for maintaining by virtue of a real burden or otherwise.
(2) A maintenance plan prepared in pursuance of a maintenance order which relates to two or more houses must, in addition to the provision required by section 43, apportion the liability of each joint owner in respect of the costs of implementing the plan in such manner as the owners of those houses think fit.
(3) Such a maintenance plan may also—
(a) apportion responsibility for maintaining the houses to which the plan relates in such manner as the owners of those houses think fit (or, where the plan is devised by a local authority, in such manner as it thinks fit),
(b) require those owners to appoint a person to manage its implementation,
(c) require those owners to open, and deposit sums into, a maintenance account,
(d) set out the arrangements for operating a maintenance account (including arrangements for authorising withdrawals from it and for winding up and closure).
(1) A maintenance order which relates to two or more houses may require the maintenance plan to make provision for securing the maintenance of any part of the premises concerned which some but not all of the owners required to prepare the plan—
(a) own, or
(b) have a responsibility to maintain by virtue of a real burden or otherwise.
(2) But a maintenance plan prepared in pursuance of such a maintenance order may not—
(a) require the owner of any house to which the plan relates to do anything in relation to any part of the premises concerned which that owner does not own or have a responsibility to maintain by virtue of a real burden or otherwise, or
(b) despite section 44(2) and (3)(a), apportion responsibility for maintaining any part of the premises concerned or liability for the costs of such maintenance in a way which conflicts with—
(i) any real burdens encumbering the houses concerned,
(ii) the development management scheme in so far as it applies to those houses or any decision made under that scheme, or
(iii) the tenement management scheme in so far as it applies to those houses or any decision made under that scheme.
(1) The local authority may—
(a) approve a maintenance plan submitted to it, with or without modifications,
(b) reject a maintenance plan and—
(i) make another maintenance order requiring the preparation of another maintenance plan, or
(ii) substitute a maintenance plan of its own devising in its place, or
(c) where a maintenance plan is not submitted by the date specified in a maintenance order, devise a maintenance plan for the house concerned.
(2) The local authority may approve a maintenance plan only if it is satisfied—
(a) that the plan complies with section 43 and, if relevant, sections 44(2) and 45(2), and
(b) that implementation of the plan will secure the maintenance of the house concerned to a reasonable standard,
and the local authority must be satisfied that any maintenance plan it devises complies with those provisions and that implementation of it will have that effect.
(3) The local authority may not approve a maintenance plan which relates to three or more houses unless the owners of the majority of those houses have confirmed to the authority that they are content with the plan submitted for approval.
(4) The local authority must serve notice of its decision under subsection (1) in accordance with section 62.
(5) A copy of the plan approved (or, as the case may be, devised under paragraph (b)(ii) or (c) of subsection (1)) must be attached to that notice.
(6) The maintenance order to which a decision under subsection (1) relates ceases to have effect on the date on which notice of the decision is served on the owner of the house concerned.
(1) The local authority may vary a maintenance plan in such manner as it thinks fit—
(a) if satisfied at any time that there has been a change in circumstances which justifies such a variation, or
(b) before doing anything under section 49 in relation to the plan.
(2) The local authority may vary a maintenance plan on the application of an owner of any of the houses concerned or of its own accord.
(3) The local authority may revoke a maintenance plan if it is satisfied at any time—
(a) that implementation of the plan is no longer practicable, and
(b) that the plan cannot be varied so as to make implementation practicable.
(4) The local authority must serve notice of any variation or revocation in accordance with section 62.
(5) Where a maintenance plan is varied, a copy of the revised plan must be attached to that notice.
(1) Where a maintenance plan is approved or devised under section 46, it is for the owner for the time being of the house concerned to secure the implementation of the plan during the period for which it has effect.
(2) The local authority may do anything it thinks fit for the purposes of enabling or assisting the owner of the house to implement the maintenance plan.
(3) Subsection (2) does not authorise the local authority to pay any sums—
(a) into a maintenance account otherwise than in accordance with section 50, or
(b) to the owner of the house to which the maintenance plan relates otherwise than by grant paid under section 51.
(1) Where the local authority considers that the owner of a house which is subject to a maintenance plan has failed to—
(a) secure the carrying out of any maintenance required by the maintenance plan, or
(b) do anything else required by the plan,
the local authority may itself do anything which it considers necessary or expedient for the purposes of securing the implementation of the plan.
(2) Subsection (1) does not authorise the local authority to pay any sums—
(a) into a maintenance account otherwise than in accordance with section 50, or
(b) to any owner of a house to which the maintenance plan relates other than by way of a grant paid under section 51.
Housing (Scotland) Act 2006