Housing (Scotland) Act 2006

1. Introductory Text

2. Part 1 Housing standards

   1. Chapter 1 Housing renewal areas

      1. Designation of housing renewal areas

         1. 1. Housing renewal areas: criteria

         2. 2. Housing renewal areas: procedure

         3. 3. HRA action plans

         4. 4. Variation of HRA designation order

         5. 5. Revocation of HRA designation order

         6. 6. Directions concerning identification of housing renewal areas

         7. 7. Public access to HRA designation orders

      2. Implementation of HRA action plans

         1. 8. Implementation: duties of local authority

         2. 9. Duty to rehouse displaced residents

   2. Chapter 2 Strategic housing functions

      1. 10. Local housing strategies

   3. Chapter 3 The tolerable standard

      1. 11. Amendment of the tolerable standard

   4. Chapter 4 The repairing standard

      1. Landlord's duty to repair and maintain

         1. 12. Tenancies to which repairing standard duty applies

         2. 13. The repairing standard

         3. 14. Landlord's duty to repair and maintain

         4. 15. Application of duty in relation to flats etc.

         5. 16. Exceptions to landlord's repairing duty

         6. 17. Prohibition on contracting out

         7. 18. Contracting out with consent of sheriff

         8. 19. Pre-tenancy inspection

         9. 20. Tenant's right to information about landlord's duty

      2. Enforcement of repairing standard

         1. 21. Naming of panel and re-naming of committees

         2. 22. Application to private rented housing panel

         3. 23. Referral to private rented housing committee

         4. 24. Determination by private rented housing committee

         5. 25. Variation and revocation of repairing standard enforcement orders

         6. 26. Effect of failure to comply with repairing standard enforcement order

         7. 27. Rent relief orders

         8. 28. The repairing standard: offences

         9. 29. Annual report

   5. Chapter 5 Repair, improvement and demolition of houses

      1. Work notices and demolition notices

         1. 30. Work notices

         2. 31. Suspension of work notice

         3. 32. Revocation of work notice

         4. 33. Demolition notices

         5. 34. Extension of period for completion of work or demolition

      2. Enforcement by local authority

         1. 35. Carrying out of work or demolitions by local authority

         2. 36. Carrying out of work by local authority: repairing standard

         3. 37. Evacuation

         4. 38. Warrants for ejection

         5. 39. Unlawful occupation etc.

         6. 40. Acquisition of houses to be demolished

         7. 41. Sale of materials from demolished houses

   6. Chapter 6 Maintenance

      1. Maintenance orders

         1. 42. Maintenance orders

      2. Maintenance plans

         1. 43. Maintenance plans

         2. 44. Maintenance plans for two or more houses

         3. 45. Maintenance plans for two or more houses: further provision

         4. 46. Approval of maintenance plans

         5. 47. Variation and revocation of maintenance plans

         6. 48. Implementation of maintenance plans

         7. 49. Enforcement of maintenance plans

      3. Recovery of maintenance costs

         1. 50. Power of majority to recover maintenance costs

      4. Maintenance accounts

         1. 51. Maintenance accounts: grants

   7. Chapter 7 Right to adapt rented houses

      1. 52. Right to adapt rented houses

      2. 53. Matters relevant to application to carry out work under section 52

      3. 54. Amendment to the Housing (Scotland) Act 2001

   8. Chapter 8 Supplemental provisions, including appeals

      1. Supplemental

         1. 55. Power of local authority to carry out or arrange work or demolition

         2. 56. Effect of tenant moving from house

         3. 57. Obstructions etc.

         4. 58. Listed buildings etc.

         5. 59. Recovery of expenses etc.

         6. 60. Certification

         7. 61. Registration

         8. 62. Service of documents

         9. 63. Date of operation of notices, orders etc.

      2. Appeals

         1. 64. Part 1 appeals

         2. 65. Part 1 appeals: determination

         3. 66. Part 1 appeals: procedure etc.

         4. 67. Adaptations: power to change method of appeal

   9. Chapter 9 Interpretation

      1. 68. Sub-standard houses

      2. 69. Application to non-residential premises

      3. 70. Interpretation of Part 1

3. Part 2 Scheme of assistance for housing purposes

   1. Provision of assistance for housing purposes

      1. 71. Assistance for housing purposes

      2. 72. Guidance about availability and amount of assistance

      3. 73. When assistance must be provided

   2. Grants and loans

      1. 74. Grants and loans: applications

      2. 75. Determination of applications

      3. 76. The approved expense

      4. 77. Assessment of applicant's contribution

      5. 78. Applicant's contribution: review

      6. 79. Amount of grant or loan

      7. 80. Terms of loan

      8. 81. Notification of decisions

      9. 82. Payment of grants and loans

   3. Grants and loans: conditions

      1. 83. Conditions applicable on completion of work

      2. 84. Registration of conditions

      3. 85. Discharge of conditions

      4. 86. Breach of conditions of grant or loan

      5. 87. Calculation of amount to be paid on breach of conditions

   4. Miscellaneous and supplementary

      1. 88. Limitation on further grant and loan applications

      2. 89. Grant and loan applications: offences

      3. 90. Work to improve energy efficiency and safety

      4. 91. Local authority payments to not for profit lenders

   5. Special cases

      1. 92. Tenants

      2. 93. Application to agricultural tenants etc.

   6. Supplementary

      1. 94. Directions and guidance

      2. 95. Local authority powers for improvement of amenity of an area

      3. 96. Application of this Part to the Scottish Ministers

      4. 97. Interpretation of Part 2

4. Part 3 Provision of information on sale of house

   1. Duty to have or provide information about houses on the market

      1. 98. Duty to have information about a house which is on the market

      2. 99. Duty to provide information to potential buyer

      3. 100. Imposition of conditions on provision of information

      4. 101. Other duties of person acting as agent for seller

      5. 102. Acting as agent

      6. 103. Duty to ensure authenticity of documents held under section 98 or 101

   2. Prescribed documents

      1. 104. Information to be held or provided to potential buyers

   3. Exceptions from duty

      1. 105. Exceptions from duty to have or provide information

   4. Responsibility for marketing houses

      1. 106. Responsibility for marketing: general

      2. 107. Responsibility of person acting as agent

      3. 108. Responsibility of seller

   5. Enforcement

      1. 109. Enforcement authorities

      2. 110. Power to require production of prescribed documents

      3. 111. Penalty charge notices

      4. 112. Offences relating to enforcement officers

   6. Duty to provide information to tenant exercising right to purchase

      1. 113. Information for tenants exercising right to purchase

   7. Supplementary

      1. 114. Grants for development of proposals

      2. 115. Disapplication for houses not available with vacant possession

      3. 116. Application of Part to sub-divided buildings

      4. 117. Notification of breach of duty

      5. 118. Possession of documents

      6. 119. Meaning of “on the market”, “sale” and related expressions

5. Part 4 Tenancy deposits

   1. 120. Tenancy deposits: preliminary

   2. 121. Tenancy deposit schemes: regulatory framework

   3. 122. Approval of tenancy deposit schemes

   4. 123. Amendment of Rent (Scotland) Act 1984

6. Part 5 Licensing of houses in multiple occupation

   1. Introductory

      1. 124. Requirement for HMOs to be licensed

   2. Meaning of “house in multiple occupation”

      1. 125. Meaning of “house in multiple occupation”

      2. 126. HMOs exempt from licensing requirement

      3. 127. Power to designate HMOs capable of being exempted by local authorities

      4. 128. Relationships

   3. Application for HMO licence

      1. 129. Application for HMO licence

      2. 130. Suitability of applicants and agents

      3. 131. Suitability of living accommodation

      4. 132. Restriction on applications

   4. Terms of HMO licence

      1. 133. Conditions

      2. 134. Duration of HMO licence

      3. 135. Application for new HMO licence: effect on existing HMO licence

      4. 136. Change of ownership: effect on HMO licence

      5. 137. Death of licence holder: effect on HMO licence

   5. Variation and revocation of HMO licence

      1. 138. Variation of HMO licence

      2. 139. Revocation of HMO licence

   6. Delivery and cancellation of HMO licence

      1. 140. Delivery of HMO licence

      2. 141. Cancellation of HMO licence

   7. Temporary exemptions

      1. 142. Temporary exemption orders

      2. 143. Temporary exemption orders: requirement to improve safety or security

   8. Enforcement by local authority

      1. 144. Suspension of rent etc.

      2. 145. Power to require rectification of breach of HMO licence

      3. 146. HMO amenity notices

      4. 147. HMO amenity notices: relevant matters

      5. 148. HMO amenity notices: revocation

      6. 149. HMO amenity notices: extension of period for completion of work

      7. 150. HMO amenity notices: further provision

      8. 151. Power of local authority to carry out or arrange work

      9. 152. Effect of person moving from living accommodation

      10. 153. Obstructions etc.

   9. Offences etc.

      1. 154. Offences relating to HMOs

      2. 155. Defences

      3. 156. Penalties etc.

      4. 157. Disqualification orders etc.

   10. Local authority decisions: notice and appeals

       1. 158. Notice of decisions

       2. 159. Part 5 appeals

   11. General and supplementary

       1. 160. HMO register

       2. 161. Fees

       3. 162. Grants: exercise of functions in relation to HMOs

       4. 163. Guidance

       5. 164. Joint licence holders

       6. 165. Agents

       7. 166. Interpretation of Part 5

7. Part 6 Mobile homes

   1. 167. Particulars of site agreements to be given in advance

   2. 168. Variation of site agreements

   3. 169. Implied terms relating to termination of agreements or disposal of mobile homes

   4. 170. Power to amend terms implied in site agreements

   5. 171. Amendments: harassment and eviction of occupiers of mobile homes

8. Part 7 Repayment charges

   1. 172. Repayment charges

   2. 173. Effect of registering repayment charges etc.

   3. 174. Repayment charges: further provision

9. Part 8 Miscellaneous

   1. 175. Matters relevant to deciding whether person is fit and proper to act as a landlord

   2. 176. Other amendments of Antisocial Behaviour etc. (Scotland) Act 2004

   3. 177. Registered social landlords: delegation of functions

   4. 178. Registered social landlords: permissible purposes

   5. 179. Strategy for improving home energy efficiency

   6. 180. Amendment of Housing (Scotland) Act 1988

10. Part 9 Rights of entry

    1. 181. Rights of entry: general

    2. 182. Warrants authorising entry

    3. 183. Rights of entry: constables

    4. 184. Rights of entry: supplemental

11. Part 10 General and supplementary

    1. 185. Equal opportunities

    2. 186. Power to obtain information etc.

    3. 187. Formal communications

    4. 188. Forms

    5. 189. Offences by bodies corporate etc.

    6. 190. Ancillary provision

    7. 191. Orders and regulations

    8. 192. Modification, revocation and repeal of enactments

    9. 193. Crown application

    10. 194. Interpretation

    11. 195. Short title and commencement

12. 1. SCHEDULE 1

       Housing renewal areas: procedure

       1. Consultation

          1. 1. (1) Where a local authority proposes to designate any locality...

       2. Consideration by Scottish Ministers

          1. 2. (1) The Scottish Ministers must acknowledge receipt of any draft...

       3. Notice of designation

          1. 3. (1) The local authority must, as soon as practicable after...

       4. Listed buildings etc.

          1. 4. A building falls within this paragraph if it is—

    2. SCHEDULE 2

       Private rented housing committees: procedure etc.

       1. Notification of referral

          1. 1. (1) The private rented housing committee to which a tenant's...

       2. Inquiries

          1. 2. (1) The committee may, in considering an application, make such...

       3. Evidence

          1. 3. (1) The committee may, for the purposes of making inquiries,...

       4. Duty to consult on provision for detecting fires

          1. 4. The committee must, where the application relates to the standard...

       5. Expenses

          1. 5. (1) The Scottish Ministers may pay to any person such...

       6. Recording and notification of decisions

          1. 6. (1) This paragraph applies to any decision of a private...

       7. Withdrawal of application

          1. 7. (1) A tenant may withdraw an application under section 22(1)...

       8. Procedure: further provision.

          1. 8. (1) The Scottish Ministers may by regulations make further provision...

    3. SCHEDULE 3

       Penalty charge notices under section 111

       1. 1. A penalty charge notice given to a person under section...

       2. 2. The penalty charge specified in the notice must be the...

       3. 3. (1) The period specified under paragraph 1(c) must—

       4. 4. (1) If, within the period specified under paragraph 1(c) (or...

       5. 5. (1) If after a review the penalty charge notice is...

       6. 6. If the penalty charge notice is withdrawn or quashed, the...

       7. 7. (1) The amount of the penalty charge is recoverable from...

       8. 8. In proceedings for the recovery of the penalty charge, a...

    4. SCHEDULE 4

       Applications for HMO licences: procedure

       1. Content of application

          1. 1. (1) An application for an HMO licence must be written...

       2. Notice of application

          1. 2. (1) A “notice of HMO application” is a notice which—...

       3. Notices: exceptions

          1. 3. (1) This paragraph applies where the local authority considers, on...

       4. Representations

          1. 4. (1) A written representation about an application for an HMO...

       5. Inquiries

          1. 5. (1) The local authority may make such inquiries about the...

       6. Applicant's opportunity to respond

          1. 6. (1) The local authority must give the applicant a copy...

       7. Hearings

          1. 7. (1) The local authority may decide to hear oral representations...

       8. Consideration of application

          1. 8. (1) Before determining an application for an HMO licence, the...

       9. Time limit for determining application

          1. 9. (1) The local authority must decide whether to grant or...

    5. SCHEDULE 5

       HMO amenity notices: enforcement etc.

       1. Carrying out of work by local authority

          1. 1. (1) If the owner of living accommodation fails to comply...

       2. Evacuation

          1. 2. (1) Where the local authority— (a) is authorised by this...

       3. Warrants for ejection

          1. 3. (1) Where an occupant has not complied with a requirement...

       4. Unlawful occupation etc.

          1. 4. (1) A person commits an offence if the person, knowing...

       5. Listed buildings etc.

          1. 5. (1) This paragraph applies to a building which is—

       6. Recovery of expenses etc.

          1. 6. (1) The local authority may recover any expenses it incurs...

       7. Certification

          1. 7. (1) A person who is required to carry out work...

       8. Registration

          1. 8. The local authority must keep a written record of each...

    6. SCHEDULE 6

       Consequential changes

       1. Part 1 Modification of Acts

          1. References to “standard amenities”

             1. 1. A reference in any previous enactment to “standard amenities” within...

          2. Crofters Holdings (Scotland) Act 1886 (c. 29)

             1. 2. For paragraph 1A of the Schedule to the Crofters Holdings...

          3. Land Compensation (Scotland) Act 1973 (c. 56)

             1. 3. In section 27(7) of the Land Compensation (Scotland) Act 1973—...

          4. Rent (Scotland) Act 1984 (c. 58)

             1. 4. The Rent (Scotland) Act 1984 is amended as follows.

             2. 5. For “rent assessment”, in each place where those words appear...

             3. 6. In section 106— (a) in subsection (1), for the words...

             4. 7. In section 115(1), for the definition of “rent assessment committee”...

             5. 8. In paragraph 5 of Schedule 4, the words “to act...

          5. Housing (Scotland) Act 1987 (c. 26)

             1. 9. The 1987 Act is amended as follows.

             2. 10. In section 107, after “amenities”, where it first occurs, insert...

             3. 11. In section 308(1), for the words from “sections” to “8”...

             4. 12. In section 311(1), for paragraph (b) substitute—

             5. 13. In section 313(3), for the words from “may,” to the...

             6. 14. In section 338(1), for the definition of “disabled person” substitute—...

             7. 15. In paragraph 1 of Schedule 9, for “sections 108(3), 131(2)...

          6. Housing (Scotland) Act 1988 (c. 43)

             1. 16. In the Housing (Scotland) Act 1988, for “rent assessment”, in...

          7. Tribunals and Inquiries Act 1992 (c. 53)

             1. 17. In paragraph 59 of Schedule 1 to the Tribunals and...

          8. Home Energy Conservation Act 1995 (c. 10)

             1. 18. In section 1 of the Home Energy Conservation Act 1995,...

          9. Scottish Public Services Ombudsman Act 2002 (asp 11)

             1. 19. In paragraph 5 of schedule 3 to the Scottish Public...

          10. Building (Scotland) Act 2003 (asp 8)

              1. 20. Section 24 (duty to keep building standards register) of the...

              2. 21. In subsection (1)— (a) the word “and” which follows paragraph...

              3. 22. In subsection 2(a), for “(c)” substitute “ (d) ”.

          11. Fire (Scotland) Act 2005 (asp 5)

              1. 23. In section 78(5)(a) of the Fire (Scotland) Act 2005, for...

       2. Part 2 Revocation of subordinate legislation

          1. The Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Orders

             1. 24. The following orders are revoked— (a) the Civic Government (Scotland)...

    7. SCHEDULE 7

       Repeals