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Housing (Scotland) Act 2010

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This is the original version (as it was originally enacted).

86Manager: powers

This sectionnoteType=Explanatory Notes has no associated

(1)A manager appointed to implement agreed proposals may do anything necessary to secure that implementation.

(2)A manager may, in particular—

(a)take possession of land (and raise legal proceedings for that purpose),

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

(c)raise or borrow money,

(d)grant security over land,

(e)grant or enter into, or accept a renunciation of, a lease or tenancy,

(f)carry on the registered social landlord’s business (in so far as relating to management and transfer of land),

(g)carry out works, or do anything else, in connection with the management or transfer of land,

(h)execute deeds or other documents on behalf of the registered social landlord,

(i)use the registered social landlord’s seal (if it has one),

(j)make any arrangement or compromise on behalf of the registered social landlord,

(k)appoint (and dismiss) agents and staff,

(l)appoint a solicitor, accountant or other professional to assist the manager,

(m)make payments,

(n)take out insurance,

(o)raise or defend legal proceedings,

(p)refer a dispute to arbitration,

(q)do anything incidental to the exercise of the above powers.

(3)A manager acts as the registered social landlord’s agent and is accordingly not personally liable on an agreement entered into as manager.

(4)Anyone dealing with a manager in good faith and for value need not inquire whether the manager is acting within the powers conferred by virtue of this section.

(5)A manager must, so far as practicable—

(a)consult the registered social landlord’s tenants before doing anything likely to affect them, and

(b)inform them of the effect of any such action.

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