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Housing (Scotland) Act 2010

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44Inquiries: survey powers

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(1)The Regulator may arrange for a survey of the condition of housing accommodation where it suspects that the standard to which it is being maintained means that a social landlord is, or is at risk of, failing—

(a)to achieve a standard or an outcome set out in the Scottish Social Housing Charter,

(b)to meet a performance improvement target,

(c)to meet a financial management or governance target, or

(d)to implement an approved performance improvement plan.

(2)The Regulator may require the social landlord to pay some or all of the expenses of the survey.

(3)A survey may be carried out by any person authorised in writing by the Regulator.

(4)The authorised person—

(a)has a right of access to the housing accommodation at all reasonable times to carry out the survey,

(b)must, when seeking to enter accommodation in order to carry out a survey, produce a copy of his or her authorisation on request by an occupier.

(5)The Regulator must give the social landlord at least 28 days’ notice of its intention to carry out a survey.

(6)A social landlord to which notice is given under subsection (5) must give each occupier of the housing accommodation concerned at least 7 days’ notice of the Regulator's intention to carry out a survey.

(7)The authorised person must—

(a)produce a written report after carrying out a survey, and

(b)give a copy of the report to the Regulator.

(8)The Regulator must give a copy of the authorised person’s report to the social landlord.

(9)It is an offence for a person, without reasonable excuse—

(a)to fail to comply with subsection (6), or

(b)to obstruct an authorised person from carrying out a survey under this section.

(10)A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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