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Housing (Scotland) Act 2001

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This is the original version (as it was originally enacted).

PART 1ALTERATIONS ETC. TO HOUSE

1A 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.

2The 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.

3The 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).

4The 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.

5If the landlord fails to comply with paragraph 4, it is to be taken to have consented to the application.

6A tenant who is aggrieved by a refusal, or by any condition imposed under paragraph 2(b), may raise proceedings by summary application.

7In 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.

8In 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.

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