Housing (Scotland) Act 1987 (c. 26)

PART I S PROVISION OF HOUSING

Modifications etc. (not altering text)

C1 Pt. I (ss. 1-23) restricted (19.8.1996) by 1996 c. 49, s. 9; S.I. 1996/2127, art. 2, Sch. Pt. I

[F1 Standards and performance in housing management] S

Textual Amendments

F1 Crossheading for ss. 17A-17C inserted (1.4.1994) by 1993 c. 28, s. 153; S.I. 1993/2163, art. 2, Sch. 2.

Valid from 01/04/1994

F2 17A Publication of information. S

(1) A local authority shall, in relation to their management of the houses which they hold for housing purposes, publish each year such information as—

(a) may be prescribed by the Secretary of State about—

(i) the standard of service of management which the authority undertake to provide;

(ii) the authority’s performance in the past in the achievement of that standard;

(iii) the authority’s intentions for the future in relation to the achievement of that standard;

(iv) any other matter which he thinks should be included in the information to be published;

(b) the authority consider it appropriate to publish in relation to the matters mentioned in paragraph (a) above, either as a result of having consulted tenants or otherwise;

(c) the authority consider it appropriate to publish in relation to any other matter, either as a result of consulting tenants or otherwise.

(2) Before publishing such information, a local authority shall consult their tenants as to the information to be published under subsection (1) and shall take account of the characteristics of the different parts of their districts or areas and of the difference in information which may be appropriate in relation to these parts.

(3) The Secretary of State may direct a local authority to consult tenants or groups of tenants representing less than the whole of their district or area.

Textual Amendments

F2 Ss. 17A-17C inserted (1.4.1994) by 1993 c. 28, s. 153; S.I. 1993/2163, art. 2, Sch. 2.

Valid from 01/04/1994

F3 17B Power of Secretary of State to direct local authority. S

At the same time as the information is published, the local authority shall send a copy of the document in which it is published to the Secretary of State who may, if he considers that the publication is unsatisfactory, direct the local authority to publish the information in such manner as he specifies in the direction.

Textual Amendments

F3 Ss. 17A-17C inserted (1.4.1994) by 1993 c. 28, s. 153; S.I. 1993/2163, art. 2, Sch. 2.

Valid from 01/04/1994

[F4 17C Management plan. S

A local authority shall, if the Secretary of State gives them notice to do so, prepare and submit to him within 3 months after such notice, a plan for the management of the houses which they hold for housing purposes.]

Textual Amendments

F4 Ss. 17A-17C inserted (1.4.1994) by 1993 c. 28, s. 153; S.I. 1993/2163, art. 2, Sch. 2.

18 Byelaws for regulation of local authority’s houses. S

A local authority may make byelaws for the management, use and regulation of houses held by them for housing purposes.

19 Admission to housing list. S

(1) In considering whether an applicant for local authority housing is entitled to be admitted to a housing list, a local authority shall take no account of—

(a) the age of the applicant provided that he has attained the age of 16 years; or

(b) the income of the applicant and his family; or

(c) whether, or to what value, the applicant or any of his family owns or has owned (or any of them own or have owned) heritable or moveable property; or

(d) any outstanding liability (for payment of rent or otherwise) attributable to the tenancy of any house of which the applicant is not, and was not when the liability accrued, a tenant; or

(e) whether the applicant is living with, or in the same house as—

(i) his spouse; or

(ii) a person with whom he has been living as husband and wife.

(2) Where an applicant—

(a) is employed in the area of the local authority; or

(b) has been offered employment in the area of the local authority; or

(c) wishes to move into the area of the local authority and the local authority is satisfied that his purpose in doing so is to seek employment; or

(d) has attained the age of 60 years and wishes to move into the area of the local authority to be near a younger relative; or

(e) has special social or medical reasons for requiring to be housed within the area of the local authority,

admission to a housing list shall not depend on the applicant being resident in the area.

(3) [F5 Where the rules made by a local authority under section 21(1)] give priority to applicants on its housing list it shall apply those rules to an applicant to whom subsection (2) above applies no less favourably than it applies them to a tenant of the local authority whose housing needs are similar to those of the applicant and who is seeking a transfer to another house belonging to the local authority.

(4) In this section and in section 21 of this Act, “housing list” means a list of applicants for local authority housing which is kept by a local authority in connection with the allocation of housing.

Textual Amendments

F5 Words in s. 19(3) substituted (27.9.1993) by 1993 c. 28, s. 155(2); S.I. 1993/2163, art. 2, Sch. 1.

20 Persons to have priority on housing list and allocation of housing. S

(1) A local authority shall, in relation to all houses held by them for housing purposes, secure that in the selection of their tenants a reasonable preference is given—

(a) to persons who—

(i) are occupying houses which do not meet the tolerable standard; or

(ii) are occupying overcrowded houses; or

(iii) have large families; or

(iv) are living under unsatisfactory housing conditions; and

(b) to persons to whom they have a duty under sections 31 to 34 (homeless persons).

(2) In the allocation of local authority housing a local authority—

(a) shall take no account of—

(i) the length of time for which an applicant has resided in its area; or

(ii) any outstanding liability (for payment of rent or otherwise) attributable to the tenancy of any house of which the applicant is not, and was not when the liability accrued, a tenant; or

(iii) any of the matters mentioned in paragraphs (a) to (c) of section 19(1); and

(b) shall not impose a requirement—

(i) that an application must have remained in force for a minimum period; or

(ii) that a divorce or judicial separation be obtained; or

(iii) that the applicant no longer be living with, or in the same house as, some other person,

before the applicant is eligible for the allocation of housing.

[F6 (3) A member of a local authority shall be excluded from a decision on the allocation of local authority housing, or of housing in respect of which the local authority may nominate the tenant, where—

(a) the house in question is situated; or

(b) the applicant for the house in question resides,

in the electoral division or ward for which that member is elected.]

Textual Amendments

F6 S. 20(3) added (27.9.1993) by 1993 c. 28, s. 154; S.I. 1993/2163, art. 2 Sch. 1.

21 Publication of rules relating to the housing list and to transfer of tenants. S

[F7 (1) It shall be the duty—

(a) of every local authority to make and to publish in accordance with subsection (4), and again within 6 months of any alteration thereof, rules governing—

(i) the admission of applicants to any housing list;

(ii) the priority of allocation of houses;

(iii) the transfer of tenants from houses owned by the landlord to houses owned by other bodies;

(iv) exchanges of houses;

(b) of Scottish Homes and development corporations (including urban development corporations) to publish in accordance with subsection (4), and again within 6 months of any alteration thereof, any rules they may have governing the matters set out in sub-paragraphs (i) to (iv) of paragraph (a) above.]

(2) It shall be the duty of every registered housing association—

(a) within the period of 6 months commencing on 7th January 1987 to make rules governing the matters mentioned in paragraphs (a) to (d) of subsection (1) (unless it has, in accordance with subsections (4) and (5), published such rules before that date and those rules remain current);

(b) within 6 months of the making of rules under paragraph (a), and within 6 months of any alteration of such rules (whether or not made under that paragraph)—

(i) to send a copy of them to each of the bodies mentioned in subsection (3); and

(ii) to publish them in accordance with subsections (4) and (5).

(3) The bodies referred to in subsection (2)(b)(i) are—

(i) the Housing Corporation [F8 (in a case where the housing association is registered in the register maintained by it);

(ia) Scottish Homes (in a case where the housing association is registered in the register maintained by it);] and

(ii) every local authority within whose area there is a house let, or to be let, by the association under a secure tenancy.

(4) The rules to be published by a body in accordance with subsection (1) or (2) shall be—

(a) available for perusal; and

(b) on sale at a reasonable price; and

(c) available in summary form on request to members of the public,

at all reasonable times—

(i) in a case where the body is a local authority or a development corporation, at its principal offices and its housing department offices; and

(ii) in any other case, at its principal and other offices.

(5) Rules sent to a local authority in accordance with subsection 2(b) shall be available for perusal at all reasonable times at its principal offices.

(6) An applicant for housing provided by a body mentioned in subsection (1) or (2) shall be entitled on request to inspect any record kept by that body of information furnished by him to it in connection with his application.

Textual Amendments

F7 S. 21(1) substituted (27.9.1993) by 1993 c. 28, s. 155(1); S.I. 1993/2163, art. 2, Sch. 1.

F8 Words inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 1, 3, Sch. 2 para. 7