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Commencement Information

I1Sch. 5 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)


1SA tenant under a Scottish secure tenancy who wishes to carry out work must make a written application to the landlord for the landlord’s consent, giving details of the proposed work.

2SThe landlord may—


(b)consent subject to such reasonable conditions as the landlord may impose, or

(c)refuse consent, provided that it is not refused unreasonably.

3SThe conditions which may be imposed under paragraph 2(b) include conditions as to the standard to which the work is to be carried out; and in considering whether to impose such a condition the landlord must have regard to—

(a)the age and condition of the house,

(b)the cost of complying with the condition, and

(c)any guidance issued under section 28(4).

4SThe landlord must intimate its consent or refusal, any conditions imposed and, in the case of refusal, the reasons for the refusal, to the tenant in writing within one month of receipt of the application.

5SIf the landlord fails to comply with paragraph 4, it is to be taken to have consented to the application.

6SA tenant who is aggrieved by a refusal, or by any condition imposed under paragraph 2(b), may raise proceedings by summary application.

7SIn such proceedings the court must, unless it considers that the refusal or, as the case may be, the condition is reasonable, order the landlord to consent to the application or to withdraw the condition.

8SIn deciding whether a refusal or a condition is reasonable the court is to have regard in particular to—

(a)the safety of occupiers of the house or of any other premises,

(b)any expenditure which the landlord is likely to incur as a result of the work,

(c)whether the work is likely to reduce the value of the house or of any premises of which it forms part, or to make the house or such premises less suitable for letting or for sale, F1...

(d)any effect which the work is likely to have on the extent of the accommodation provided by the house, [F2and

(e)any code of practice issued by the [F3Commission for Equality and Human Rights] which relates to this Part.]

Textual Amendments

F1Word in sch. 5 para. 8 repealed (4.12.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 54(a), 195(3) (with s. 193); S.S.I. 2006/395, art. 2

F2Sch. 5 para. 8(e) and word inserted (4.12.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 54(b), 195(3) (with s. 193); S.S.I. 2006/395, art. 2