PART 6Private housing conditions
91Repayment charges: recovery of repayable amount
1
In section 172 of the 2006 Act (repayment charges)—
a
in subsection (1)—
i
the word “and” immediately preceding paragraph (b) is repealed, and
ii
after paragraph (b), insert—
c
providing that the repayable amount is payable in the number of equal annual instalments and on the date in each year determined under subsection (3)(a),
d
providing that in default of such payment each instalment, together with any amount recoverable in respect of that instalment under subsection (6A), is to be separately recoverable as a debt, and
e
providing that if immediately after the final instalment falls due any balance of the repayable amount remains unpaid, that balance is immediately due for repayment and is recoverable as a debt.
b
for subsection (3), substitute—
3
The local authority must—
a
determine—
i
the number of equal annual instalments, being no fewer than 5 and no more than 30, in which the repayable amount is to be paid, and
ii
the date in each year on which the instalment becomes due, and
b
notify the owner of its determination under paragraph (a).
c
after subsection (4), insert—
4A
The owner of a property who is liable for the repayable amount does not, by virtue only of ceasing to be such an owner, cease to be liable for the repayable amount.
2
After section 172 of the 2006 Act, insert—
172ARepayment charge: appeals to the sheriff
1
A person aggrieved by a determination under section 172(3)(a)(i) may appeal to the sheriff.
2
On an appeal under this section the sheriff may make such order relating to the number of annual instalments as the sheriff thinks fit.
3
The decision of the sheriff on appeal under this section is final.