Housing (Scotland) Act 2001

55 Tenant management agreements

(1) A society, company or body of trustees for the time being approved by the Scottish Ministers for the purposes of this section (in this section and section 56 referred to as a “tenant management co-operative”) may make an agreement with a landlord mentioned in section 11(1)(b) for the exercise by the co-operative of the landlord’s housing functions.

(2) The Scottish Ministers must approve a society, company or body of trustees for the purposes of this section if they are satisfied that it is generally suitable to carry out such functions.

(3) Where a tenant management co-operative applies to a landlord referred to in subsection (1) for agreement to the co-operative exercising, on such terms as the application may specify, all or part of the landlord’s housing functions, the landlord must make an agreement with the co-operative if it is satisfied that—

(a) the co-operative is approved under subsection (2),

(b) the co-operative will be able to exercise the functions specified in the proposal competently and efficiently, and

(c) so far as those functions relate to houses, the co-operative is representative of the tenants of those houses.

(4) Where a landlord refuses to make an agreement with a co-operative on the ground that it is not satisfied as to a matter mentioned in subsection (3)(b) or (c), the co-operative may appeal to the Scottish Ministers, who may confirm or reverse the landlord’s decision.

(5) Where the Scottish Ministers reverse the landlord’s decision, the landlord and the co-operative must make the agreement.

(6) Where the landlord and the co-operative are unable to agree the terms of the agreement, the co-operative may appeal to the Scottish Ministers who may determine the terms of the agreement.

(7) An agreement under this section may be made only with the approval of the Scottish Ministers, and such approval may be given subject to conditions.

(8) An agreement under this section does not affect the responsibility of the local authority landlord or registered social landlord for the exercise of its functions.