The Housing (Scotland) Act 2010 (Commencement No. 7 and Transitional Provision) Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings sections 153 and 155 of the Housing (Scotland) Act 2010 (“the 2010 Act”) into force on 1st August 2012, in so far as they are not already in force.

Section 153 amends the Housing (Scotland) Act 2001 (“the 2001 Act”) to provide landlords with discretion to retain tenants in their existing tenancies where agreement has been reached about rent arrears following a court decree for eviction. Section 155 amends the 2001 Act to require landlords to comply with pre-action requirements before commencing court proceedings where the ground of possession includes that a tenant has rent arrears.

Article 3 of the Order makes a transitional provision in respect of proceedings where a notice under section 14(2) of the 2001 Act which is in force at the time the proceedings are raised was served before 1st August 2012. The effect is that the duties under section 14(2A) of the 2001 Act, to comply with pre-action requirements before serving a notice and to confirm to the court that pre-action requirements have been complied with before raising proceedings, do not apply to cases based on notices in existence before the commencement made by this Order.

Article 4 amends paragraph 18(f) of Schedule 2 to the Housing (Scotland) Act 2010 (Commencement No. 6, Transitional and Savings Provisions) Order 2012 to substitute a reference to schedule 8 of the 2001 Act for an incorrect reference to schedule 7 of that Act.

On the coming into force of sections 153 and 155 of the 2010 Act in terms of this Order, the following provisions of the 2010 Act will remain uncommenced:—

(a) section 110 (partially) (tenant consultation: other disposals);

(b) sections 145 to 147 (duties to collect and publish information); and

(c) section 158 (partially) (housing support).