A local authority may by order designate any locality in its area as a housing renewal area (“HRA”) if it considers—
(a) that a significant number of the houses in the locality are sub-standard, or
(b) that the appearance or state of repair of any houses in the locality is adversely affecting the amenity of that locality.
(1) An order designating any locality as an HRA (an “HRA designation order”) must—
(a) set out the reasons for the designation by reference to section 1, and
(b) include—
(i) an HRA action plan, and
(ii) a map delineating the HRA.
(2) An HRA designation order may not be made unless the Scottish Ministers have approved a draft of the proposed order.
(3) Schedule 1 makes further provision about the procedure for making HRA designation orders.
(1) An HRA action plan is a strategy for securing an improvement in the condition and quality of housing in the HRA.
(2) Such a plan must—
(a) identify each house in the HRA which the local authority considers to be sub-standard and, in relation to each, specify whether the local authority considers that the house—
(i) ought to be closed or demolished under Part 6 (houses which fail tolerable standard or constitute obstructive buildings) of the 1987 Act,
(ii) requires to be demolished under section 29 (dangerous buildings) of the Building (Scotland) Act 2003 (asp 8),
(iii) is in a state of serious disrepair and ought to be demolished, or
(iv) ought to have work carried out in or in relation to it for the purposes of bringing it into, and keeping it in, a reasonable state of repair,
(b) identify any house in the HRA which ought to have work carried out in or in relation to it for the purposes of enhancing the amenity of the HRA,
(c) specify—
(i) any standard to which any demolition required by the plan is to be carried out (including any standard to which the site of the demolished house must be cleared),
(ii) the work which the plan requires to be carried out,
(iii) any standard which must be met on completion of that work, and
(iv) any step which the local authority requires to be taken in carrying out that work,
(d) describe the general effect of Part 15 (compensation payments) of the 1987 Act and Part 2 (scheme of assistance) of this Act in so far as they apply in relation to houses identified in the plan, and
(e) specify the period within which the local authority intends to secure the implementation of the plan.
(3) The work specified in an HRA action plan may include work which is intended to—
(a) improve the safety or security of any houses or persons,
(b) reduce the long-term costs of maintaining any houses, or
(c) enhance the amenity of any houses.
(4) An HRA action plan may also specify work which ought to be carried out in or in relation to any house in the HRA which is adjacent to, or otherwise associated with, any house identified in it.
(1) The local authority may, on the request of the owner of any house identified in an HRA action plan as a house in or in relation to which work ought to be carried out, vary an HRA designation order.
(2) The local authority must consult—
(a) the owner concerned, and
(b) any other person whom it considers likely to be affected by the proposed variation,
before deciding whether to vary an HRA designation order under subsection (1).
(3) A variation under subsection (1) may vary the HRA action plan only; and may do so only so far as it affects the house owned by the person who made the request.
(4) The local authority may, at any time, vary an HRA designation order in a way which it considers unlikely to adversely affect any person significantly.
(5) The local authority must give notice of any variation made under subsection (1) or (4) to—
(a) any person whom it considers likely to be affected by the variation, and
(b) such other persons as it thinks fit.
(6) The notice must—
(a) describe the general effect of the variation, and
(b) specify the places where, and the times at which, a copy of the HRA designation order as varied is to be made available under section 7.
(1) The local authority must revoke an HRA designation order if it is—
(a) satisfied that the HRA action plan has been implemented, or
(b) directed to do so by the Scottish Ministers.
(2) The local authority may, with the consent of the Scottish Ministers, otherwise revoke an HRA designation order at any time if it is satisfied that there has been a change in circumstances which justifies such a revocation.
(3) Any work notice given for the purpose of implementing an HRA action plan is to cease to have effect on revocation of the HRA designation order which includes that plan.
(4) The local authority must give notice of a revocation under subsection (1)(b) or (2) to any person whom it considers likely to be affected by the revocation.
(1) A local authority must comply with any directions given by the Scottish Ministers concerning identification of areas suitable to be designated as HRAs.
(2) A direction given for the purpose of subsection (1) may—
(a) be given generally, or
(b) make different provision for different cases and, in particular, for different areas, different localities, different types of local authority or in respect of any particular local authority or authorities.
(3) Such a direction may be varied or revoked at any time.
(1) The local authority must make a copy of each HRA designation order in force for its area (including any variations) available for public inspection, free of charge.
(2) It is for the local authority to determine the form and manner in which, and the places where, a copy HRA designation order is made available; but in so doing the local authority must ensure that the copy order is made reasonably obtainable.
(1) A local authority which has designated an HRA must take such steps as are reasonably practicable for the purposes of securing the implementation of the HRA action plan.
(2) Those steps must include—
(a) informing the owners and occupiers of houses identified in the HRA action plan about the way in which it intends to secure implementation of the plan, and
(b) from time to time, giving those owners and occupiers progress reports about the implementation of the plan.
(1) This section applies where—
(a) a person is to be displaced permanently from any living accommodation as a result of the implementation of an HRA action plan, and
(b) that living accommodation was the only or main residence of that person on the day on which notice of the relevant HRA designation order was first given in accordance with schedule 1.
(2) Where this section applies the local authority must, if so requested by the person to be displaced, ensure—
(a) that the person is provided with suitable alternative living accommodation on reasonable terms, and
(b) in so far as practicable, that the living accommodation which is so provided is in, or within a reasonable distance of, the locality of the living accommodation from which the person is to be displaced.
(3) The reference in subsection (2) to suitable alternative living accommodation is a reference to living accommodation which is suitable for occupation by the person to be displaced and any other person whose only or main residence on the day referred to in subsection (1)(b) would, but for the location of that other person’s place of work or of any educational institution which the person attends, have been the living accommodation concerned.
In section 89 (duty to prepare a local housing strategy) of the Housing (Scotland) Act 2001 (asp 10)—
(a) in subsection (5), before paragraph (a) insert—
“(za) improves the standard of housing in the authority’s area,”,
(b) after that subsection insert—
“(5A) The local housing strategy must, in particular, set out—
(a) a strategy for ensuring compliance with section 85(1) (duty to close, demolish or improve houses which do not meet the tolerable standard) of the Housing (Scotland) Act 1987 (c. 26),
(b) the authority’s policy for identifying parts of its area for designation under section 1 (housing renewal areas) of the Housing (Scotland) Act 2006 (asp 1),
(c) a strategy for improving the condition of houses by providing or arranging for the provision of assistance under Part 2 of the Housing (Scotland) Act 2006 (asp 1).”.
(1) Section 86 (definition of house meeting the tolerable standard) of the 1987 Act is amended as follows.
(2) In subsection (1)—
(a) after paragraph (c) insert—
“(ca) has satisfactory thermal insulation;”,
(b) in paragraph (f), after “closet” insert “or waterless closet”,
(c) after paragraph (g) insert—
“(ga) in the case of a house having a supply of electricity, complies with the relevant requirements in relation to the electrical installation for the purposes of that supply;
“the electrical installation” is the electrical wiring and associated components and fittings, but excludes equipment and appliances;
“the relevant requirements” are that the electrical installation is adequate and safe to use;”.
(3) After subsection (1), insert—
“(1A) In construing any such reference, regard shall be had to any guidance issued by the Scottish Ministers.
(1B) The Scottish Ministers must issue the guidance in such manner as they consider appropriate for bringing it to the notice of local authorities and other persons with an interest.
(1C) The Scottish Ministers may vary or revoke any such guidance.”.
(4) After subsection (2), insert—
“(2A) An order under subsection (2) is to be made by statutory instrument, and no such order is to be made unless a draft of the order has been laid before and approved by resolution of the Scottish Parliament.”.
(1) This Chapter applies to any tenancy of a house let for human habitation unless it is—
(a) a Scottish secure tenancy or a short Scottish secure tenancy,
(b) a tenancy of a house retained or purchased by a local authority under section 121 of the 1987 Act for use as housing accommodation,
(c) a tenancy of a house which is—
(i) on land comprised in a lease constituting—
(A) a 1991 Act tenancy (within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11)),
(B) a short limited duration tenancy (within the meaning of that Act), or
(C) a limited duration tenancy (within the meaning of that Act), and
(ii) occupied by the tenant of the relevant lease,
(d) a tenancy of a house on a croft (within the meaning of the Crofters (Scotland) Act 1993 (c. 44)), or
(e) a tenancy of a house on a holding situated outwith the crofting counties (within the meaning of that Act of 1993) to which any provision of the Small Landholders (Scotland) Acts 1886 to 1931 applies.
(2) A reference in this Chapter to a tenancy refers only to a tenancy to which this Chapter applies.
(1) A house meets the repairing standard if—
(a) the house is wind and water tight and in all other respects reasonably fit for human habitation,
(b) the structure and exterior of the house (including drains, gutters and external pipes) are in a reasonable state of repair and in proper working order,
(c) the installations in the house for the supply of water, gas and electricity and for sanitation, space heating and heating water are in a reasonable state of repair and in proper working order,
(d) any fixtures, fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order,
(e) any furnishings provided by the landlord under the tenancy are capable of being used safely for the purpose for which they are designed, and
(f) the house has satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire.
(2) In determining whether a house meets the standard of repair mentioned in subsection (1)(a), regard is to be had to the extent (if any) to which the house, by reason of disrepair or sanitary defects, falls short of the provisions of any building regulations.
(3) In determining whether a house meets the standard of repair mentioned in subsection (1)(b), regard is to be had to—
(a) the age, character and prospective life of the house, and
(b) the locality in which the house is situated.
(4) The reference in subsection (1)(c) to installations in a house includes reference to installations outwith the house which, directly or indirectly, serve the house and which the owner is responsible for maintaining (solely or in common with others) by virtue of ownership, any real burden or otherwise.
(5) In determining whether a house meets the standard of repair mentioned in subsection (1)(f), regard is to be had to any building regulations and any guidance issued by the Scottish Ministers on provision for detecting fires and for giving warning in the event of fire or suspected fire.
(1) The landlord in a tenancy must ensure that the house meets the repairing standard—
(a) at the start of the tenancy, and
(b) at all times during the tenancy.
(2) The duty imposed by subsection (1) includes a duty to make good any damage caused by carrying out any work for the purposes of complying with the duty in that subsection.
(3) The duty imposed by subsection (1)(b) applies only where—
(a) the tenant notifies the landlord, or
(b) the landlord otherwise becomes aware,
that work requires to be carried out for the purposes of complying with it.
(4) The landlord complies with the duty imposed by subsection (1)(b) only if any work which requires to be carried out for the purposes of complying with that duty is completed within a reasonable time of the landlord being notified by the tenant, or otherwise becoming aware, that the work is required.
(1) Where a house forms part only of any premises, the reference in section 13(1)(b) to the house includes reference to any part of those premises which the owner of the house is responsible for maintaining (solely or in common with others) by virtue of ownership, any real burden or otherwise.
(2) Nothing in subsection (1) requires the landlord to carry out any work unless any part of the premises, or anything in the premises, which the tenant is entitled to use is adversely affected by the disrepair or failure to keep in proper working order.
(1) The duty imposed by section 14(1) does not require—
(a) any work to be carried out which the tenant is required by the terms of the tenancy to carry out,
(b) any work to be carried out for which the tenant—
(i) is liable by virtue of the tenant’s duty to use the house in a proper manner, or
(ii) would be so liable but for any express undertaking on the landlord’s part,
(c) the house to be rebuilt or reinstated in the event of destruction or damage by fire or by storm, flood or other inevitable accident, or
(d) the repair or maintenance of anything that the tenant is entitled to remove from the house.
(2) The exception made by subsection (1)(a) applies only if the tenancy concerned is—
(a) for a period of not less than 3 years, and
(b) not determinable at the option of either party within 3 years of the start of the tenancy.
(3) Where the terms of a tenancy are not agreed until after the tenancy starts, the tenancy is, for the purposes of subsection (2), to be treated as starting on the date of agreement.
(4) A landlord is not to be treated as having failed to comply with the duty imposed by section 14(1) where the purported failure occurred only because the landlord lacked necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights.
(1) The terms of a tenancy and of any other agreement between the landlord and the tenant are of no effect in so far as they purport to—
(a) require the tenant to carry out, or to pay for or contribute towards the cost of, any work which the landlord requires to ensure be carried out for the purposes of complying with the duty imposed by section 14(1),
(b) exclude or limit that duty, or
(c) provide for termination of the tenancy, or impose on the tenant any penalty, disability or obligation, in the event of the tenant enforcing compliance by the landlord of that duty.
(2) This section is subject to any contrary provision made by order under section 18.
(1) The sheriff may, on the application of the landlord or the tenant, by order exclude or modify the application to the tenancy of any of the provisions of sections 14, 15 and 17.
(2) An order under subsection (1) may be made only if—
(a) the other party under the tenancy consents, and
(b) the sheriff, having regard to the terms of the tenancy and to all the circumstances, considers that it is reasonable to do so.
The landlord must—
(a) inspect the house before the tenancy starts for the purpose of identifying any work necessary to comply with the duty imposed by section 14(1)(a), and
(b) notify the tenant of any such work.
(1) The landlord must, on or before the start of a tenancy, provide the tenant with written information about the effect of this Chapter in relation to the tenancy.
(2) The Scottish Ministers may issue guidance to such persons as they think fit about the form and content of information to be provided under subsection (1) and the manner in which the information should be provided.
(3) Any landlord to whom such guidance is issued must have regard to it.
(4) The Scottish Ministers may vary or revoke any such guidance.
(1) The panel constituted under Schedule 4 of the Rent (Scotland) Act 1984 (c. 58) is to be known as the private rented housing panel.
(2) Rent assessment committees constituted in accordance with that Schedule are to be known as private rented housing committees.
(3) The panel, the president of the panel and those committees are—
(a) to continue to exercise the functions conferred on them by virtue of Part 5 of the Rent (Scotland) Act 1984 (c. 58) and Part 2 of the Housing (Scotland) Act 1988 (c. 43), and
(b) in addition, to exercise the functions conferred on them by this Act.
(4) It is for the president to monitor the exercise by those committees of the functions conferred on them by this Act.
(5) Those committees must comply with any direction, and have regard to any guidance, given by the president in connection with the exercise of those functions.
(6) But the president may not give any such direction in relation to a particular case.
(7) Directions or guidance given under subsection (5) may be varied or revoked at any time.
(8) The president’s functions under this Act may, where the president is absent or incapacitated, be exercised by the vice-president of the panel.
(9) Any reference to the panel or to any of those committees in any enactment or instrument is to be construed in accordance with subsection (1) or, as the case may be, (2).
(1) A tenant may apply to the private rented housing panel for determination of whether the landlord has failed to comply with the duty imposed by section 14(1)(b).
(2) An application under subsection (1) must set out the tenant’s reasons for considering that the landlord has failed to comply with that duty.
(3) No such application may be made unless the tenant has notified the landlord that work requires to be carried out for the purpose of complying with that duty.
(4) No such application may be made where the landlord is—
(a) a local authority landlord (within the meaning of the Housing (Scotland) Act 2001 (asp 10)),
(b) a registered social landlord (being a body registered in the register maintained under section 57 of that Act),
(c) Scottish Homes, or
(d) Scottish Water.
(5) Schedule 2 makes further provision about the procedure for making and determining an application under this section.
(6) Paragraph (c) of subsection (4) is to cease to have effect on the date specified in an order made under section 87(1) (power to dissolve Scottish Homes) of the Housing (Scotland) Act 2001 (asp 10).
(1) The president of the private rented housing panel must decide whether to—
(a) refer an application under section 22(1) to a private rented housing committee, or
(b) reject the application.
(2) The president may reject an application only if the president considers—
(a) that it is vexatious or frivolous,
(b) where the tenant has previously made an identical or substantially similar application in relation to the same house, that there has not been a reasonable period of time between the applications, or
(c) that the dispute to which the application relates has been resolved.
(3) The president must make a decision under subsection (1)—
(a) within 14 days of the panel’s receipt of the application concerned, or
(b) where the president considers—
(i) that the decision cannot be made without further information, or
(ii) that there is a reasonable prospect of the dispute being resolved by the parties,
by such later date as the president considers reasonable.
(4) The president must, as soon as practicable after rejecting an application give notice of the rejection—
(a) to the tenant, and
(b) where the president is aware of the name and address of a person who acts for the tenant in relation to the application, to that person.
(5) Such a notice must—
(a) set out the reasons for the rejection, and
(b) explain the procedure for appealing against it.
(1) The private rented housing committee to which a tenant’s application under section 22(1) is referred must decide whether the landlord has complied with the duty imposed by section 14(1)(b).
(2) Where the committee decide that the landlord has failed to comply with that duty, they must by order (a “repairing standard enforcement order”) require the landlord to carry out such work as is necessary for the purposes of ensuring—
(a) that the house concerned meets the repairing standard, and
(b) that any damage caused by the carrying out of any work in pursuance of that duty or the order is made good.
(3) A repairing standard enforcement order must specify the period within which the work required by the order must be completed.
(4) The period so specified must be the period beginning with the date from which the order has effect within which the committee reasonably consider that the work required can be completed (but must not, in any case, be a period of less than 21 days).
(5) A repairing standard enforcement order may specify particular steps which the committee require the landlord to take in complying with the order.
(6) Where the committee are prevented by reason only of section 16(4) from deciding that a landlord has failed to comply with the duty imposed by section 14(1)(b), the committee must serve notice on the local authority stating that they consider the landlord to be unable to comply with that duty.
(7) Where the sheriff has made an order under section 18(1) in relation to a tenancy—
(a) the committee must, when determining whether the landlord has failed to comply with the duty imposed by section 14(1)(b), treat sections 14, 15 and 17 as having been modified or excluded in the manner described in the sheriff’s order,
(b) a repairing standard enforcement order may not require the carrying out of any work which the duty imposed by section 14(1)(b) does not, because of that modification or exclusion, require to be carried out.