Search Legislation

Housing (Scotland) Act 2001

Status:

This is the original version (as it was originally enacted).

Powers of the manager

This section has no associated Explanatory Notes

9(1)A manager appointed under paragraph 8(1) has power generally to do all such things as are necessary for carrying out the manager’s functions.

(2)That power includes, in particular, power—

(a)to take possession of the land held by the landlord and for that purpose to raise any legal proceedings which the manager thinks fit,

(b)to sell or otherwise dispose of the land by public auction or private contract,

(c)to raise or borrow money and for that purpose to grant security over the land,

(d)to appoint a solicitor or accountant or other professionally qualified person to assist in the performance of the manager’s functions,

(e)to raise or defend legal proceedings relating to the land in the name and on behalf of the landlord,

(f)to refer to arbitration any question affecting the land,

(g)to effect and maintain insurance in respect of the land,

(h)where the landlord is a body corporate, to use the seal of the body corporate for purposes relating to the land,

(i)to do all acts and to execute in the name of the landlord any deed or other document relating to the land,

(j)to appoint an agent to do anything which the manager is unable to do personally or which can more conveniently be done by an agent, and to employ and dismiss any employees,

(k)to do all such things (including the carrying out of works) as may be necessary in connection with the management or transfer of the land,

(l)to make any payment which is necessary for, or incidental to, the performance of the manager’s functions,

(m)to carry on the business of the landlord so far as relating to the management or transfer of the land,

(n)to grant or accept a renunciation of a lease or tenancy of any of the land, and to enter into a lease or tenancy of any property required or convenient for the landlord’s housing activities,

(o)to make any arrangement or compromise on behalf of the landlord in relation to the management or transfer of the land,

(p)to do all other things incidental to the exercise of any of the above powers.

(3)In carrying out functions the manager acts as the landlord’s agent; and the manager is not personally liable on a contract entered into as manager.

(4)A person dealing with the manager in good faith and for value is not concerned to inquire whether the manager is acting within the powers conferred by virtue of this paragraph.

(5)The manager must, so far as practicable, consult the landlord’s tenants about any proposed exercise of the manager’s powers which is likely to affect them and, if the proposed exercise takes place, inform them of its effect.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources