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Housing (Scotland) Act 2014

Repayment charges

183.Section 90 amends sections 172 and 173 of the 2006 which allow local authorities to recover costs in connection with enforcement of repairs and maintenance to living accommodation by creating a repayment charge. A repayment charge is a charge against property and has priority over all future burdens and most existing burdens on the property. The amendment widens the scope of sections 172 and 173 to include any non-residential parts of buildings that contain living accommodation.

184.Section 91(1) amends section 172 of the 2006 Act so that a local authority may determine that a repayment charge is repayable in no fewer than 5 and no more than 30 equal annual instalments. The amendment also provides for continuing liability of an home owner for the outstanding debt that is the subject of the repayment charge. Section 91(2) inserts a new section 172A in the 2006 Act which provides a right of appeal against the determination of the number of annual payments due under a repayment charge.

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