Housing (Scotland) Act 2025 Explanatory Notes

Crown Application

Part 4 – Other Matters Relating to Tenants

Social landlords: qualifying repairs

Section 46 - Social landlords: qualifying repairs

126.This section modifies section 27(2) of the 2001 Act. Section 27 of that Act confers a regulation-making power on the Scottish Minister to make provision for entitling a tenant under a Scottish secure tenancy, whose landlord is a landlord specified in the regulations, to have qualifying repairs carried out to the house which is the subject of the tenancy.

127.Section 46 of the 2025 Act modifies this power so that the regulations can make provision for, or in connection with, entitling such a tenant to have qualifying repairs carried out to the house. In addition, it ensures that regulations under this power may, among other things, make provision for or in connection with (a) the period within which an inspection of the house is to take place to determine whether a qualifying repair is required, (b) the period within which a qualifying repair is to be commenced, (c) compensation payable in relation to a failure to comply with a requirement imposed by the regulations, (d) any review or appeal in relation to such a failure.

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