Rent (Scotland) Act 1984

106 Consent of tenant. S

(1) Where a dwelling-house which does not satisfy the qualifying conditions is subject to a statutory tenancy and the tenant is unwilling to give his consent to the carrying out of the works required for those conditions to be satisfied, then, if those works were specified in an application for a grant under Part II of the M1 Housing (Financial Provisions) (Scotland) Act 1968 or Part I of the M2 Housing (Scotland) Act 1974 [F1 or [F2 a grant or loan under Part 2 of the Housing (Scotland) Act 2006 (asp 1)]] and the application has been approved, the sheriff may, on the application of the landlord, make an order empowering him to enter to carry out the works.

(2) An order under subsection (1) above may be made subject to such conditions as to the time at which the works are to be carried out and as to any provision to be made for the accommodation of the tenant and his household while they are carried out as the sheriff may think fit; and where such an order is made subject to any condition as to time, compliance with that condition shall be deemed to be also compliance with any condition imposed by the local authority under section 27(6A) or section 41(6) of the said Act of 1968 or section 4(2) of the said Act of 1974 [F3 or [F4 section 75(7) of the said Act of 2006]] .

(3) In determining whether to make such an order and, if it is made, subject to what, if any, conditions, the sheriff shall have regard to all the circumstances (other than the means of the tenant) and, in particular, to any disadvantage to the tenant that might be expected to result from the works and the accommodation that might be available for him while the works are carried out.

(4) For the purpose of this section, a dwelling-house satisfies the qualifying conditions if it is provided with all the standard amenities, it is in good repair having regard to its age, character and locality and disregarding internal decorative repair, and it meets the tolerable standard.

[F5 (5) In this section—

• “standard amenities” has the meaning given by section 73(6) of the said Act of 2006; and

• “tolerable standard” has the meaning given by section 86 of the Housing (Scotland) Act 1987 (c. 26).]

Textual Amendments

F1 Words inserted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339, Sch. 23 para. 29(7)(a)

F2 Words in s. 106(1) substituted (1.4.2009) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 6 para. 6(a) (with s. 193); S.S.I. 2009/122, art. 3 (with art. 7)

F3 Words inserted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339, Sch. 23 para. 29(7)(b)

F4 Words in s. 106(2) substituted (1.4.2009) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 6 para. 6(b) (with s. 193); S.S.I. 2009/122, art. 3 (with art. 7)

F5 S. 106(5) substituted (1.4.2009) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 6 para. 6(c) (with s. 193); S.S.I. 2009/122, art. 3 (with art. 7)

Marginal Citations

M1 1968 c. 31.

M2 1974 c. 45