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(introduced by section 27)

Commencement Information

I1Sch. 4 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

1SThe landlord in a Scottish secure tenancy must—

(a)ensure that the house is, at the commencement of the tenancy, wind and watertight and in all other respects reasonably fit for human habitation, and

(b)keep the house in such condition throughout the tenancy.

2SThe landlord must, before the commencement of the tenancy—

(a)inspect the house and identify any work necessary to comply with the duty in paragraph 1(a), and

(b)notify the tenant of any such work.

3SThe landlord must—

(a)ensure that any work necessary to comply with the duty in paragraph 1(b) is carried out within a reasonable time of the tenant notifying the landlord, or the landlord otherwise becoming aware, that it is required, and

(b)make good any damage caused by the carrying out of the work.

4SThe landlord, or any person authorised by it in writing, may at any reasonable time, on giving 24 hours’ notice in writing to the tenant or occupier, enter the house for the purpose of—

(a)viewing its state and condition,

(b)carrying out any work necessary to comply with the duty in paragraph 1(b) or 3.

5(1)In determining for the purposes of paragraph 1 whether a house is fit for human habitation, regard is to be had to the extent, if any, to which by reason of disrepair or sanitary defects the house falls short of the provisions of any building regulations in force in the area.S

(2)For the purposes of sub-paragraph (1), “building regulations” has the same meaning as in section 338(1) of the 1987 Act.

6SIn paragraph 5, “sanitary defects” includes lack of air space or of ventilation, lack of lighting, dampness, absence of adequate and readily accessible water supply or of sanitary arrangements or of other conveniences, and inadequate paving or drainage of courts, yards or passages.