Housing (Scotland) Act 2001

• “antisocial”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance,

• “conduct” includes speech, and a course of conduct must involve conduct on at least two occasions, and

• “harassment” is to be construed in accordance with section 8 of the Protection from Harassment Act 1997 (c.40).

Recovery of possession

36

• (1) The landlord under a short Scottish secure tenancy may raise proceedings by way of summary cause for recovery of possession of the house which is the subject of the tenancy.

• (2) Such proceedings may not be raised unless—

• (a) the landlord has served on the tenant a notice complying with subsection (3),

• (aa) in the case of a short Scottish secure tenancy created by virtue of section 35 or paragraph 1, 2 or 2A of schedule 6, the landlord considers that any obligation of the tenancy has been broken,

• (b) the proceedings are raised on or after the date specified in the notice, and

• (c) the notice is in force at the time when the proceedings are raised.

• (3) A notice under subsection (2) must be in such form as the Scottish Ministers may prescribe by regulations, and must—

• (a) state that the landlord requires possession of the house,

• (aa) state the reason why the landlord is seeking recovery of possession (including, in a case where subsection (2)(aa) applies, the obligations which the landlord considers to have been broken),

• (b) specify a date, not earlier than—

• (i) 2 months, or such longer period as the tenancy agreement may provide, from the date of service of the notice, or

• (ii) the date on which the tenancy could have been brought to an end by a notice to quit had it not been a short Scottish secure tenancy,

whichever is later, on or after which the landlord may raise proceedings for recovery of possession.

• (4) A notice under subsection (2) ceases to be in force 6 months after the date specified in it in accordance with subsection (3)(b) or when it is withdrawn by the landlord, whichever is earlier.

• (4A) A tenant may, before the end of the period of 14 days beginning with the day of service of a notice under subsection (2), apply to the landlord for a review of a decision to seek recovery of possession of the house which is the subject of the tenancy.

• (4B) If an application for a review under subsection (4A) is made, the landlord must, before the day specified in the notice by virtue of subsection (3)(b)—

• (a) confirm its decision to seek recovery of possession or withdraw its notice under subsection (2),

• (b) notify the tenant of its decision on the review, and

• (c) where its decision on the review is to confirm the decision to seek recovery of possession, notify the tenant of the reasons.

• (4C) The Scottish Ministers may by regulations make further provision about the procedure to be followed in connection with a review following an application under subsection (4A).

• (5) The court must make an order for recovery of possession if it appears to the court that—

• (a) the tenancy has reached the ish referred to in section 34(5) or, in a case where subsection (2)(aa) applies, the end of the term applicable to the tenancy in accordance with section 34(6A), 35(3A) or 35A(1),

• (b) tacit relocation is not operating,

• (c) no further contractual tenancy (whether or not a short Scottish secure tenancy) is in existence, and

• (d) subsection (2) has been complied with.

• (6) An order under subsection (5) must appoint a date for recovery of possession and has the effect of—

• (a) terminating the tenancy, and

• (b) giving the landlord the right to recover possession of the house,

at that date.

• (6A) Where a landlord raises proceedings under this section, the landlord must give notice of the raising of the proceedings to the local authority in whose area the house in question is situated, unless the landlord is that local authority.

• (6B) Notice under subsection (6A) is to be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).

• (7) This section is without prejudice to sections 14 and 16 , but subject to the modification mentioned in subsection (8).

• (8) In relation to the recovery of possession of the house which is the subject of a short Scottish secure tenancy, section 14(4) is to be read as if for paragraph (b) there were substituted—

(b) a date, not earlier than 4 weeks from the date of service of the notice on or after which the landlord may raise proceedings for recovery of possession,

Conversion to Scottish secure tenancy

37

• (1) Where—

• (a) a tenancy is a short Scottish secure tenancy by virtue of section 35 or paragraph 1 , 2 or 2A of schedule 6, and

• (b) the landlord has not ...served on the tenant a notice under section 14(2) or 36(2) before the expiry of the relevant period,

the tenancy becomes, by virtue of this section, a Scottish secure tenancy with effect from the expiry of the relevant period.

• (1A) In this section, the “relevant period” is—

• (a) the period of 12 months following the creation of the tenancy, or

• (b) if an extension notice has been served under section 35A, the period of 18 months following the creation of the tenancy.

• (2) Where subsection (1)(a) applies and the landlord has, in the relevant period , served a notice referred to in subsection (1)(b), then—

• (a) if the notice—

• (i) has ceased to be in force in accordance with section 14(5) or, as the case may be, 36(4), or

• (ii) has been withdrawn by the landlord without proceedings for recovery of possession having been raised,

the tenancy becomes, by virtue of this section, a Scottish secure tenancy with effect from the date on which the notice ceased to be in force or was withdrawn or the expiry of the relevant period , whichever is the later,

• (b) if proceedings for recovery of possession have been raised and have been finally determined in favour of the tenant, the tenancy becomes, by virtue of this section, a Scottish secure tenancy with effect from the date on which the proceedings were finally determined or the expiry of the relevant period , whichever is the later.

• (3) For the purposes of subsection (2)(b) proceedings are finally determined when—

• (a) the period for appealing against the interlocutor disposing of the proceedings has expired without an appeal being lodged, or

• (b) where an appeal has been lodged, the appeal is withdrawn or finally determined.

• (4) Where a tenancy becomes a Scottish secure tenancy by virtue of this section, the landlord must notify the tenant of that fact and of the date on which the tenancy became a Scottish secure tenancy.

• (5) Subsection (6) applies to a tenancy which—

• (a) became a short Scottish secure tenancy by virtue of section 35, and

• (b) becomes a Scottish secure tenancy by virtue of this section.

• (6) The term of the tenancy is the term which applied immediately before the tenancy became a short Scottish secure tenancy.

Miscellaneous and general

Appeals

38

• (1) A person who is aggrieved by a decision of a landlord mentioned in section 11(1)(b) to make a house available to the person for occupancy on the basis of—

• (a) an occupancy agreement instead of a Scottish secure tenancy or a short Scottish secure tenancy,

• (b) a tenancy which is not a Scottish secure tenancy or a short Scottish secure tenancy, or

• (c) a short Scottish secure tenancy instead of a Scottish secure tenancy,

may raise proceedings by summary application.

• (2) In such proceedings the court may, if it considers that there are good grounds for doing so, order the landlord to let the house to the person under a Scottish secure tenancy or, as the case may be, a short Scottish secure tenancy.

Application of sections 23 to 33 to other tenancies

39

Where a tenancy is excluded from being a Scottish secure tenancy only by the operation of paragraph 1 or 9 of schedule 1, sections 23 to 33 apply to the tenancy as if it were a Scottish secure tenancy.

Notices

40

• (1) A notice or other document authorised or required by this Chapter to be given to a person (however expressed) may be given—

• (a) by delivering it to that person,

• (b) by leaving it at that person’s proper address, or

• (c) by sending it by recorded delivery letter to that person at that address.

• (2) For the purposes of subsection (1) and of paragraph 4 of Schedule 1 to the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999 (S.I.1999/1379), a person’s proper address is that person’s last known address.

Interpretation of Chapter 1

41

In this Chapter, unless otherwise expressly provided—

• “co-operative housing association” has the meaning given in section 300(1)(b) of the 1987 Act,

• “court” means the sheriff court for the district in which is situated the house to which the tenancy in question relates, and “proceedings” means proceedings in that court,

• “landlord” means a person who lets a house to a tenant for human habitation, and includes any person from time to time deriving title under the original landlord,

• “notice” means notice in writing,

• “tenancy” means an agreement under which a house is made available for human habitation, and “lease” and related expressions are to be construed accordingly,

• “tenant” means a person who leases a house from a landlord and whose right in the house derives directly from the landlord, and in the case of a joint tenancy means all the tenants.

CHAPTER 2 — RIGHT TO BUY

The qualifying conditions

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemptions from right to buy

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Limitation on right to buy: registered social landlords

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Limitation on right to buy: pressured areas

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Limitation on right to buy: arrears of rent, council tax etc.

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Limitation on right to buy: conduct

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Houses liable to demolition

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discounts

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance to tenants to obtain other accommodation

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to buy: miscellaneous repeals

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports on right to buy

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 3 — TENANT PARTICIPATION

Tenant participation

53

• (1) Every local authority landlord and registered social landlord must, by such time as the Scottish Ministers may direct, prepare a strategy (a “tenant participation strategy”) for promoting the participation of tenants under a Scottish secure tenancy or a short Scottish secure tenancy in the formulation by the landlord of proposals in relation to the management of housing accommodation and the provision of related services by it, so far as such proposals are likely to affect such tenants.

• (2) Such a strategy must include, in particular—

• (a) provision as to—

• (i) the arrangements for obtaining and taking account of the views of registered tenant organisations and tenants as to the matters on which the landlord should make proposals of the type referred to in subsection (1) and the nature and content of such proposals,

• (ii) notifying registered tenant organisations and tenants of the matters on which the landlord expects to be making such proposals, and

• (iii) the information to be provided to registered tenant organisations and tenants about such proposals and their likely effect, and

• (b) an assessment of the resources (including financial and other assistance to bodies comprised of or representing tenants) required, and a statement of the resources proposed, to give effect to the strategy.

• (3) Every local authority landlord and registered social landlord must maintain a register of tenant organisations and keep it open for public inspection at all reasonable times.

• (4) The Scottish Ministers may by order make provision as to—

• (a) the criteria to be satisfied by a body seeking registration in the register or removal from the register,

• (b) the procedure to be followed in relation to applications for registration and removal from the register.

• (5) A body which is aggrieved by a decision of a landlord—

• (a) not to register it in the register, or

• (b) to remove or not to remove it from the register,

may appeal against the decision to the Scottish Ministers, who may confirm or reverse the decision.

• (6) In this Act, “registered tenant organisation”, in relation to a landlord, means a body for the time being registered in the register of tenant organisations maintained by the landlord.

Consultation with tenants and registered tenant organisations

54

• (1) A local authority landlord and a registered social landlord under a Scottish secure tenancy or a short Scottish secure tenancy must notify the tenant and every registered tenant organisation of—

• (a) any proposal to which subsection (2) applies, and

• (b) the likely effect of the proposal on the tenant,

and must have regard to any representations made to it, within such reasonable period as is specified in the notice, by the tenant or any such organisation in relation to the proposal.

• (2) This subsection applies to a proposal by the landlord concerning—

• (a) its policy in relation to housing management, repairs or maintenance, where the proposal, if implemented, is likely significantly to affect the tenant,

• (b) the standard of service in relation to housing management, repairs and maintenance which it intends to provide,

• (c) its tenant participation strategy under section 53,

• (d) a disposal which would result in a change of landlord or, if different, of owner of the house which is the subject of the tenancy.

• (3) This section is without prejudice to section 53.

Tenant management agreements

55

• (1) A society, company or body of trustees for the time being approved by the Scottish Ministers for the purposes of this section (in this section and section 56 referred to as a “tenant management co-operative”) may make an agreement with a landlord mentioned in section 11(1)(b) for the exercise by the co-operative of the landlord’s housing functions.

• (2) The Scottish Ministers must approve a society, company or body of trustees for the purposes of this section if they are satisfied that it is generally suitable to carry out such functions.

• (3) Where a tenant management co-operative applies to a landlord referred to in subsection (1) for agreement to the co-operative exercising, on such terms as the application may specify, all or part of the landlord’s housing functions, the landlord must make an agreement with the co-operative if it is satisfied that—

• (a) the co-operative is approved under subsection (2),

• (b) the co-operative will be able to exercise the functions specified in the proposal competently and efficiently, and

• (c) so far as those functions relate to houses, the co-operative is representative of the tenants of those houses.

• (4) Where a landlord refuses to make an agreement with a co-operative on the ground that it is not satisfied as to a matter mentioned in subsection (3)(b) or (c), the co-operative may appeal to the Scottish Ministers, who may confirm or reverse the landlord’s decision.

• (5) Where the Scottish Ministers reverse the landlord’s decision, the landlord and the co-operative must make the agreement.

• (6) Where the landlord and the co-operative are unable to agree the terms of the agreement, the co-operative may appeal to the Scottish Ministers who may determine the terms of the agreement.

• (7) An agreement under this section may be made only with the approval of the Scottish Ministers, and such approval may be given subject to conditions.

• (8) An agreement under this section does not affect the responsibility of the local authority landlord or registered social landlord for the exercise of its functions.

Tenant management agreements: further provision

56

• (1) An agreement under section 55 may be made in relation to—

• (a) all or any part of the landlord’s housing functions,

• (b) all or any part of the houses held by the landlord for the purposes of those functions.

• (2) In that section and this section, references to the landlord’s housing functions are—

• (a) in relation to a local authority landlord, references to the functions of the landlord—

• (i) relating to land or any interest in land held by it for the purposes of Part I of the 1987 Act,

• (ii) under sections 4 and 5 (power to provide furniture, board and laundry facilities) of that Act, in connection with any such land or interest,

• (b) in relation to a registered social landlord, references to its housing activities within the meaning of section 83(3),

• (c) in relation to Scottish Water , references to its functions in relation to the provision and management of houses.

• (3) An agreement under section 55 between a tenant management co-operative and a local authority landlord may, without prejudice to any other enactment, include terms providing for the letting of land to the co-operative by the landlord for a period not exceeding 20 years.

• (4) A local authority must continue to include in its housing revenue account houses on land included in an agreement under that section between a tenant management co-operative and a local authority landlord; and neither the making of the agreement nor any letting of land in pursuance of it is to be treated as a ground for the reduction, suspension or discontinuance of any Exchequer contribution or subsidy under section 202 of the 1987 Act.

• (5) In subsection (4), “Exchequer contribution” has the meaning given in section 338(1) of the 1987 Act.

PART 3 — REGULATION OF SOCIAL LANDLORDS

CHAPTER 1 — REGISTERED SOCIAL LANDLORDS

Registration

The register of social landlords

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Eligibility for registration

58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration

59

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Removal from the register

60

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criteria for registration or removal from register

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal against decision on registration or removal

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation

Regulation of registered social landlords

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insolvency etc. of registered social landlords

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disposal of land and related matters

Power of registered social landlord to dispose of land

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consent required for disposal of land by registered social landlord

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disposals not requiring consent

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disposals of land: consultation with tenants

68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing management

Inspections

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspection reports

70

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Appointment of manager

71

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 2 — LOCAL AUTHORITY HOUSING MANAGEMENT

Inspections

72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspection reports

73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remedial plans

74

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remedial plans: appointment of manager

75

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 3 — COMMON PROVISIONS

Disposals of tenanted houses: consultation and consent

Disposals of tenanted houses: consultation and consent

76

• (1) Schedule 9 (which makes provision for consultation with tenants, including a ballot, where a disposal by a local authority landlord ... would result in a change of landlord for a tenant under a Scottish secure tenancy) has effect.

• (2) Where a disposal to which that schedule applies is to a person other than a registered social landlord, the Scottish Ministers must not give consent to the disposal under section 12(7) of the 1987 Act ... unless they are satisfied that a disposal to a registered social landlord is not appropriate.

Information

Power to obtain information

77

• (1) The Scottish Ministers may, for any purpose mentioned in subsection (2), serve on a person a notice requiring the person—

• (a) to provide the Scottish Ministers, or a person authorised by them, at a time and place and in the form and manner specified in the notice, with such information relating to the affairs of a local authority or, as the case may be, a registered social landlord in connection with the provision of housing accommodation and related services as may be specified or described in the notice, or

• (b) to produce to the Scottish Ministers, or a person authorised by them, at a time and place specified in the notice, any documents relating to such affairs which are specified or described in the notice and are in that person’s custody or under that person’s control.

• (2) The purposes referred to in subsection (1) are any purpose connected with the provision of housing accommodation and related services by the authority or, as the case may be, the landlord.

• (3) A notice in pursuance of subsection (1) in relation to a local authority may be served on—

• (a) the authority,

• (b) an officer or employee of the authority,

• (c) any other person whom the Scottish Ministers have reason to believe is or may be in possession of relevant information.

• (4) No notice is to be served on a person falling within paragraph (b) or (c) of subsection (3) unless—

• (a) a notice has been served on the local authority and has not been complied with, or

• (b) the Scottish Ministers believe that the information or documents in question are not in the possession of the authority.

• (5) A notice in pursuance of subsection (1) in relation to a registered social landlord may be served on—

• (a) the landlord,

• (b) any person who is, or has been, an officer, member, employee or agent of the landlord,

• (c) a subsidiary or associate of the landlord,

• (d) any person who is, or has been, an officer, member, employee or agent of a subsidiary or associate of the landlord,

• (e) any other person whom the Scottish Ministers have reason to believe is or may be in possession of relevant information.

• (6) No notice is to be served on a person falling within paragraphs (b) to (e) of subsection (5) unless—

• (a) a notice has been served on the registered social landlord and has not been complied with, or

• (b) the Scottish Ministers believe that the information or documents in question are not in the possession of the landlord.

Power to obtain information: further provision

78

• (1) In section 77, “agent” includes banker, solicitor and auditor.

• (2) Nothing in that section authorises the Scottish Ministers to require—

• (a) the disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session, or

• (b) the disclosure by a banker of anything in breach of any duty of confidentiality owed by the banker to a person other than a local authority or, as the case may be, a registered social landlord or a subsidiary or associate of a registered social landlord.

• (3) References in that section to a document are to anything in which information of any description is recorded; and in relation to a document in which information is recorded otherwise than in legible form, references to producing it are to producing it in legible form.

• (4) Where by virtue of that section documents are produced to any person, that person may take copies of or make extracts from them.

• (5) A person who fails, without reasonable excuse, to do anything required of that person by a notice under that section is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (6) A person who intentionally alters, suppresses or destroys a document which that person has been required by a notice under that section to produce is guilty of an offence and is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum,

• (b) on conviction on indictment, to a fine.

Guidance

Issue of guidance by the Scottish Ministers

79

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code of good practice

Code of good practice

80

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charges for regulatory functions

Charges for regulatory functions of the Scottish Ministers

81

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 4 — INTERPRETATION OF PART 3

Meaning of “subsidiary” and “associate”

82

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Part 3

83

• (1) References in this Part to an officer of a registered social landlord are—

• (a) in the case of a co-operative or community benefit society , to any officer of the society as defined in section 149 of the Co-operative and Community Benefit Societies Act 2014, including a co-opted member of the committee of the society, and

• (b) in the case of a company registered under the Companies Act 2006 (c.6), to any director or other officer of the company within the meaning of the Companies Acts (see sections 250 and 1173(1) of that Act) .

• (2) In this Part, in relation to a co-operative or community benefit society —

• (a) “committee” means the committee of management or other directing body of the society,

• (b) “co-opted member”, in relation to the committee, includes any person co-opted to serve on the committee, whether the person is a member of the society or not,

• (c) any reference to a member of the committee includes a co-opted member.

• (3) In this Part—

• “co-operative housing association” has the meaning given in section 300(1)(b) of the 1987 Act,

• “housing activities” means, in relation to a registered social landlord, all its activities in pursuance of the purposes, objects and powers mentioned in section 58,

• “housing association” and, in relation to a housing association, “fully mutual” have the meanings given in section 1 of the Housing Associations Act 1985 (c.69),

• “provision of housing accommodation and related services” includes—the prevention and alleviation of homelessness,the management of housing accommodation,the provision of services for owners and occupiers of houses,the provision and management of sites for persons of nomadic habit of life, whatever their race or origin,

• “shared ownership agreement” means an agreement whereby—a pro indiviso right in a house is sold, and the remaining pro indiviso rights therein are leased, to a person subject to the person being entitled, from time to time, to purchase those remaining rights until that person has purchased the entire house, orpro indiviso rights in houses are conveyed to trustees to hold on behalf of persons each of whom, by purchasing a share in those houses, becomes entitled to exclusive occupancy of one of the houses but with any such person who wishes to sell or otherwise dispose of that person’s share being required to do so through the agency of the trustees,or such other agreement as may be approved by the Scottish Ministers whereby a person acquires a pro indiviso right in a house or houses and thereby becomes entitled to exclusive occupancy of the house or, as the case may be, one of the houses.

PART 4 — SCOTTISH HOMES

Transfer of functions to the Scottish Ministers

84

The functions of Scottish Homes are transferred to the Scottish Ministers.

Property and liabilities

85

• (1) The Scottish Ministers may by order provide for the transfer to them, or to such other person as the order may specify, of any property and liabilities to which Scottish Homes is entitled or subject.

• (2) A certificate issued by the Scottish Ministers that any property or liability has, or has not, been transferred by subsection (1) is conclusive evidence of the transfer or (as the case may be) that there has not been a transfer.

• (3) Subsection (1) has effect in relation to property and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.

Transfer of staff

86

• (1) The Scottish Ministers may by order make provision for the staff of Scottish Homes to transfer to, and become members of the staff of, the Scottish Administration.

• (2) The terms and conditions of appointment of a person who becomes a member of the staff of the Scottish Administration by virtue of subsection (1) are to be determined by the Scottish Ministers but, taken as a whole, must be not less favourable to that person than the terms on which the person was employed by Scottish Homes immediately before the transfer.

• (3) When a person becomes a member of the staff of the Scottish Administration by virtue of subsection (1), then, for the purposes of the Employment Rights Act 1996 (c.18), that person’s period of employment by Scottish Homes counts as a period of service as a member of the staff of the Scottish Administration and the change of employment does not break the continuity of the period of employment.

• (4) Where a person ceases to be employed by Scottish Homes by virtue of subsection (1) that person is not, on ceasing to be so employed, to be treated—

• (a) for the purposes of any scheme or regulations by virtue of the Superannuation Act 1972 (c.11) as having been retired on redundancy,

• (b) for the purposes of Part XI of the Employment Rights Act 1996 (c.18) as having been dismissed by reason of redundancy.

Dissolution etc.

87

• (1) Scottish Homes is dissolved on such date as the Scottish Ministers may by order specify.

• (2) The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they think necessary or expedient in consequence of or in connection with—

• (a) the transfer of functions, property, liabilities and staff of Scottish Homes, or

• (b) the dissolution of Scottish Homes.

PART 5 — STRATEGIC HOUSING FUNCTIONS

...

Statement on fuel poverty

88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local authorities

Local housing strategies

89

• (1) A local authority must, when required to do so by the Scottish Ministers—

• (a) carry out an assessment in accordance with subsection (2), and

• (b) prepare, in accordance with subsection (4), and submit to the Scottish Ministers, a strategy (a “local housing strategy”).

• (2) The assessment referred to in subsection (1) must, in relation to the period specified in the requirement, assess housing provision and the provision of related services in the authority’s area, including in particular—

• (a) the nature and condition of the housing stock,

• (b) the needs of persons in the area for housing accommodation,

• (c) the demand for, and availability of, housing accommodation,

• (d) the needs of persons in the area for, and the availability of, housing accommodation designed or adapted for persons with special needs, and

• (e) any other matter specified in the requirement.

• (3) In carrying out the assessment, the authority must have regard to the long-term supply of appropriately trained construction and maintenance labour within its area.

• (4) The local housing strategy must set out the authority’s policy for—

• (a) exercising its functions, and

• (b) co-ordinating the exercise of those functions and the functions and activities of registered social landlords and other persons concerned (in whatever way) with housing provision and the provision of related services,

with a view to accomplishing the purpose set out in subsection (5).

• (5) That purpose is the provision, in the period specified in the requirement, of housing and related services in a manner which—

• (za) improves the standard of housing in the authority's area,

• (a) is economic, efficient and effective, and

• (b) ensures, so far as reasonably practicable, that persons do not live in fuel poverty.

• (5A) The local housing strategy must, in particular, set out—

• (a) a strategy for ensuring compliance with section 85(1) (duty to close, demolish or improve houses which do not meet the tolerable standard) of the Housing (Scotland) Act 1987 (c. 26),

• (b) the authority's policy for identifying parts of its area for designation under section 1 (housing renewal areas) of the Housing (Scotland) Act 2006 (asp 1),

• (c) a strategy for improving the condition of houses by providing or arranging for the provision of assistance under Part 2 of the Housing (Scotland) Act 2006 (asp 1).

• (6) A requirement under subsection (1)—

• (a) must specify the period in relation to which the assessment is to be carried out and the strategy prepared and submitted,

• (b) may make provision as to—

• (i) the procedure to be followed in carrying out the assessment and preparing the strategy,

• (ii) the time by which the strategy is to be submitted to the Scottish Ministers,

• (iii) the form of the strategy and the matters which it is to include,

• (iv) the consultation to be carried out by the local authority on its proposed strategy,

• (v) the documents and information relating to the strategy and its preparation which are to be submitted to the Scottish Ministers.

• (7) Without prejudice to subsection (6)(b), the strategy must state how the local authority is to comply with its duty under section 106 so far as relating to the matters included in the strategy.

• (8) A local authority must provide a copy of its local housing strategy to any person who requests it.

• (9) Two or more local authorities subject to a requirement under subsection (1) may, with the consent of the Scottish Ministers, exercise their functions under this section jointly in relation to their combined areas.

• (10) The Scottish Ministers must exercise their power under subsection (1) so as to ensure that every local government area is included in a local housing strategy.

• (11) A local authority—

• (a) must provide the Scottish Ministers with such information as they may require, in such form and at such times as they may require, about the authority’s implementation of its local housing strategy,

• (b) must keep its strategy under review,

• (c) may from time to time, after consultation with such persons as it thinks fit, modify its strategy, and

• (d) must submit any such modified strategy to the Scottish Ministers.

Grants for housing purposes

90

• (1) The Scottish Ministers may make grants to a local authority for the purposes of—

• (a) the authority’s functions in connection with—

• (i) providing, improving, adapting, repairing, maintaining and managing housing,

• (ii) undertaking, and assisting the undertaking of, the development, redevelopment and improvement of the physical, social, economic and recreational environment related to housing,

• (iii) preventing or alleviating homelessness,

and related matters,

• (b) relevant housing-related debt of the authority.

• (2) The functions mentioned in subsection (1)(a)(i) and (ii) do not include expenditure in relation to any house, building or land to which the housing revenue account kept by the authority under section 203 of the 1987 Act relates.

• (3) In subsection (1)(b), “relevant housing-related debt” means such liabilities of the authority as the Scottish Ministers, after consultation with the authority, may specify, being liabilities—

• (a) in respect of loan charges within the meaning of paragraph 3(a) of Schedule 15 to the 1987 Act which—

• (i) are required by that paragraph to be debited to the authority’s housing revenue account, or

• (ii) would, but for an order under section 94(2) of this Act, have been required to be so debited, or

• (b) otherwise arising in connection with the loan to which such loan charges relate.

• (4) A grant under subsection (1) is to be—

• (a) of such amount, and

• (b) subject to such terms and conditions,

as the Scottish Ministers think fit.

• (5) A local authority may arrange for any of its functions in relation to sums, or descriptions of sum, received by it under subsection (1) to be exercised on its behalf by the Scottish Ministers on such terms (including financial ones) as the authority and the Scottish Ministers may agree; and the Scottish Ministers may exercise those functions accordingly.

• (6) An arrangement under subsection (5) does not affect the responsibility of the authority for the exercise of its functions.

Grants for housing support services

91

• (1) The Scottish Ministers may pay grants to local authorities towards expenditure incurred by them in providing, or contributing to the provision of, prescribed housing support services.

• (2) Grants under this section may be paid—

• (a) to all local authorities,

• (b) to particular local authorities, or

• (c) to particular descriptions of local authority.

• (3) A grant under subsection (1) is to be—

• (a) of such amount, and

• (b) subject to such terms and conditions,

as the Scottish Ministers think fit.

• (4) The Scottish Ministers may by order make provision as to the terms and conditions on which local authorities may make payments out of sums, or descriptions of sum, received by them under subsection (1) (including conditions for repayment in specified circumstances).

• (5) An order under subsection (4) has effect in relation to any sum subject to any terms and conditions imposed under subsection (3).

• (6) The Scottish Ministers may issue guidance to local authorities generally or to any description of local authority in relation to the matter mentioned in subsection (4).

• (7) Before making an order under subsection (4), issuing guidance under subsection (6) or making regulations under subsection (8) or (9) the Scottish Ministers must consult—

• (a) such bodies representing local authorities, and

• (b) such other persons,

as they think fit.

• (8) In this Act—

• “housing support services” includes any service which provides support, assistance, advice or counselling to an individual with particular needs with a view to enabling that individual to occupy, or to continue to occupy, as the person’s sole or main residence, residential accommodation other than excepted accommodation,

• “prescribed housing support services” means housing support services prescribed, or of a type prescribed, by regulations made by the Scottish Ministers.

• (9) For the purposes of subsection (8) “excepted accommodation” means accommodation, or accommodation of a type, specified as such in regulations made by the Scottish Ministers.

Assistance for housing purposes

92

• (1) A local authority may promote—

• (a) the formation of bodies to act as registered social landlords,

• (b) the development of registered social landlords.

• (2) A local authority may provide assistance to a registered social landlord or to any other person concerned with—

• (a) providing, improving, adapting, repairing, maintaining and managing housing,

• (b) undertaking, and assisting the undertaking of, the development, redevelopment and improvement of the physical, social, economic and recreational environment related to housing,

• (c) preventing or alleviating homelessness,

or related matters.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Assistance under subsection (2) may, in particular, be in the form of—

• (a) grants or loans to the landlord or person,

• (b) subscribing for share or loan capital of the landlord or person,

• (c) guaranteeing or joining in guaranteeing the payment of the principal of, and interest on, money borrowed by the landlord or person (including money borrowed by the issue of loan capital) or of interest on share capital issued by the landlord or person,

• (d) granting indemnities,

• (e) acquiring, holding, managing and disposing of land,

• (f) providing or arranging for the provision of advice, training or other services and facilities,

• (g) making available the services of staff of the local authority,

• (h) carrying out or commissioning research and related activities,

• (i) providing or arranging for the provision of information relating to housing.

• (5) Assistance under subsection (2)—

• (a) of a kind mentioned in subsection (4)(c) or (d), or

• (b) which the authority proposes to carry to the debit of its housing revenue account kept under section 203 of the 1987 Act,

may be provided only with the consent of the Scottish Ministers.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance for housing purposes: further provision

93

• (1) Assistance under subsection (2) ... of section 92 may, subject to subsection (2) of this section, be provided on such terms and conditions (including conditions for repayment of financial assistance in specified circumstances) as the local authority may specify.

• (2) The Scottish Ministers may by regulations make provision as to—

• (a) the purposes for which, and the classes of persons to whom, local authorities may provide assistance under those subsections of a kind referred to in subsection (4)(a) to (d) of that section,

• (b) the procedure to be followed by local authorities in considering whether to provide such assistance,

• (c) the terms and conditions on which such assistance is to be provided (including conditions for repayment in specified circumstances).

• (3) The Scottish Ministers may issue guidance to local authorities generally or to any description of local authority in relation to the provision of assistance under section 92(2) ....

• (4) Before making regulations under subsection (2) or issuing guidance under subsection (3) of this section the Scottish Ministers must consult—

• (a) such bodies representing local authorities,

• (b) such bodies representing registered social landlords, and

• (c) such other persons,

as they think fit.

• (5) The Scottish Ministers may by order modify any enactment passed or made before the coming into force of section 92 under which a local authority may provide assistance to a landlord or other person of a kind which the authority may provide under that section.

Alteration of housing finance arrangements

94

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The Scottish Ministers may by order provide that, on a date specified in the order, section 203(1) (duty to keep housing revenue account) of that Act ceases to apply in relation to a local authority so specified.

• (3) An order under subsection (2) may provide for any land held in the housing revenue account of the local authority on the specified date to be held, and accounted for, by the authority in such manner as the order may specify.

• (4) Except with the consent of the Scottish Ministers, which may be given subject to conditions, a local authority must not dispose of such land for a consideration less than the best that can reasonably be obtained.

• (5) Subsection (6) applies to any sum which is received by a local authority in connection with the disposal of any land held in the housing revenue account of the authority or in respect of which provision has been made by virtue of subsection (3).

• (6) The Scottish Ministers may, after consultation with a local authority, direct the authority that any such sum, or any such sum of any description, specified in the direction is, to such extent as the direction may specify, to be applied by the authority for the purposes of—

• (a) the functions of the authority relating to housing under this Act or any other enactment, or

• (b) the relevant housing-related debt of the authority (within the meaning of section 90(3));

and the authority must comply with the direction.

Meaning of “fuel poverty”

Meaning of “fuel poverty”

95

• (1) For the purposes of this Part, a person lives in fuel poverty if that person is a member of a household with a low income living in a home which cannot be kept warm at a reasonable cost.

• (2) The Scottish Ministers may by regulations make provision, for the purposes of subsection (1), as to—

• (a) what is—

• (i) a household,

• (ii) a low income,

• (iii) a reasonable cost,

• (b) the circumstances in which a home is to be regarded for those purposes as being warm.

• (3) Before making any such regulations, the Scottish Ministers must consult—

• (a) such persons as appear to them to represent the interests of persons living in fuel poverty, and

• (b) such other persons,

as they think fit.

PART 6 — GRANTS FOR IMPROVEMENT, REPAIRS ETC.

Improvement grants

Extension of power to make improvement grants

96

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for grant

97

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Age of buildings eligible for grant

98

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applicant’s contribution to expense of works

99

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval of application

100

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of grant

101

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Improvement grants: the tolerable standard and standard amenities

102

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repairs grants

Amount of repairs grant

103

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fire escape grants

Grants for means of escape from fire

104

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Improvement of energy efficiency and safety

Improvement of energy efficiency and safety

105

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 7 — MISCELLANEOUS AND GENERAL

Miscellaneous

Equal opportunities

106

• (1) The Scottish Ministers and local authorities must exercise the functions conferred on them by this Act in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.

• (2) In providing housing accommodation and related services, registered social landlords must act in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.

• (3) In this section, “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 (equal opportunities) of Part II of Schedule 5 to the Scotland Act 1998 (c.46).

Local authority maintenance of houses etc. of registered social landlord

107

• (1) Section 1 (supply of goods and services by local authorities) of the Local Authorities (Goods and Services) Act 1970 (c.39) applies in relation to a registered social landlord as if it were a public body within the meaning of subsection (4) of that section.

• (2) In such application, the definition of “works of maintenance” in that subsection has effect as if the word “minor” wherever it occurs were omitted.

Meaning of “family” and “spouse”: cohabitation

108

• (1) For the purposes of this Act, a person (“A”) is a member of another’s (“B’s”) family if—

• (a) A is the spouse or civil partner of B, or A and B live together as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex, or

• (b) A is B’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

• (2) For the purpose of subsection (1)(b)—

• (a) a relationship by marriage or by virtue of civil partnership is to be treated as a relationship by blood,

• (b) a relationship of the half-blood is to be treated as a relationship of the whole blood,

• (c) the stepchild of a person is to be treated as that person’s child, and

• (d) a person brought up or treated by another person as if the person were the child of the other person is to be treated as that person’s child.

• (3) In section 83 (members of a person’s family) of the 1987 Act—

• (a) in subsection (1)(a), after “wife” insert “ or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex ”,

• (b) in subsection (2), after paragraph (c) insert—

(ca) a person brought up or treated by another person as if the person were the child of the other person shall be treated as that person’s child;

,

• (c) after subsection (2) insert—

(3) Except in subsection (1)(a), references in this Act to a person’s spouse include references to another person living together with that person as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex.

General

Orders and regulations

109

• (1) Any power of the Scottish Ministers to make orders or regulations under this Act is exercisable by statutory instrument.

• (2) Any such power includes power—

• (a) to make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,

• (b) to make different provision for different purposes and different areas.

• (2A) Regulations under paragraph 8B of schedule 5 prescribing requirements that must be fulfilled by, respectively, an application or an intimation may in particular require that it—

• (a) contain information specified in the regulations,

• (b) be in a form specified in the regulations,

• (c) be given in a manner specified in the regulations.

• (3) An order under section 87 or 110 may modify any enactment, instrument or document.

• (4) A statutory instrument containing an order or regulations under this Act (except sections 7(3) , 14A(9) , 16(5A)(c) , 16A(6), 31B(1), 31C(1), 36A(6), 93(5) and 113 and, where subsection (5) of this section applies, sections 87 and 110) is subject to annulment in pursuance of a resolution of the Parliament.

• (5) No order under section 87 or 110 containing provisions which add to, replace or omit any part of the text of an Act is to be made unless a draft has been laid before, and approved by resolution of, the Parliament.

• (6) No regulations are to be made under section 7(3) , 16A(6), 31B(1), 31C(1) or 36A(6), and no order is to be made under section 14A(9) or 16(5A)(c) or 93(5), unless a draft has been laid before, and approved by resolution of, the Parliament.

Ancillary provision

110

The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes or in consequence of this Act.

Interpretation

111

In this Act, unless the context otherwise requires—

• “the 1987 Act” means the Housing (Scotland) Act 1987 (c.26),

• “the 1988 Act” means the Housing (Scotland) Act 1988 (c.43),

• “the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 2016,

• “assured tenancy” and “short assured tenancy” have the same meanings as in Part II of the 1988 Act,

• “family” and membership of a person’s family are to be construed in accordance with section 108,

• “flat” means a separate and self-contained set of premises, whether or not on the same floor, forming part of a building from some other part of which it is divided horizontally,

• “homeless”, “homelessness” and “threatened with homelessness” are to be construed in accordance with Part II of the 1987 Act,

• “hostel” means—in relation to a building provided or converted before 3rd January 1962, a building in which is provided, for persons generally or for any class or classes of persons, residential accommodation (otherwise than in separate and self-contained houses) and board, andin relation to a building provided or converted on or after that date, a building in which is provided for persons generally or for any class or classes of persons, residential accommodation (otherwise than in houses) and either board or common facilities for the preparation of adequate food to the needs of those persons, or both,

• “house” includes—any part of a building, being a part which is occupied or intended to be occupied as a separate dwelling, and in particular includes a flat, andany yard, garden, outhouses and pertinents belonging to the house or usually enjoyed with it,

• “housing accommodation” includes flats, lodging-houses and hostels,

• “housing support services” has the meaning given in section 91(8),

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39), and “local government area” means the area for which such a council is constituted,

• “local authority landlord” has the meaning given in section 11(3),

• “private residential tenancy” has the meaning given by the 2016 Act,

• “registered social landlord” means a body registered in the register maintained under section 20(1) of the Housing (Scotland) Act 2010 (asp 17),

• “registered tenant organisation” has the meaning given in section 53(6),

• “Scottish secure tenancy” is to be construed in accordance with section 11 (and does not include a short Scottish secure tenancy),

• “short Scottish secure tenancy” is to be construed in accordance with section 34.

Modification of enactments

112

Schedule 10, which modifies enactments in consequence of the provisions of this Act, has effect.

Commencement and short title

113

• (1) Except for sections 109 and 110 and this section, the provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.

• (2) Different days may be appointed under this section for different purposes or different areas.

• (3) This Act may be cited as the Housing (Scotland) Act 2001.

SCHEDULE 1

Premises occupied under contract of employment

1

• (1) A tenancy is not a Scottish secure tenancy if the tenant (or one of joint tenants) is an employee of the landlord or of any local authority and the contract of employment requires the tenant to occupy the house for the better performance of the tenant’s duties.

• (2) In sub-paragraph (1), “contract of employment” means a contract of service or of apprenticeship, whether express or implied, and (if express) whether oral or in writing.

Police and fire service accommodation

2

...

• (2) A tenancy is not a Scottish secure tenancy if the landlord is a local authority landlord and—

• (a) the house occupied by the tenant is provided by the landlord for the purposes of the Police Service of Scotland , or

• (b) the tenant is let the house expressly on a temporary basis pending its being required for the purposes of the Police Service of Scotland .

• (3) Sub-paragraph (2)(a) does not prevent a tenancy from being a Scottish secure tenancy if—

• (a) the tenancy was created before the relevant day,

• (b) the tenant moved to the house in pursuance of—

• (i) an order for recovery of possession made under section 16(2) of the Housing (Scotland) Act 2001 (asp 10), on any of the grounds set out in paragraphs 9 to 13 and 15 of schedule 2 to that Act, in respect of a house subject to a Scottish secure tenancy created before the relevant day, or

• (ii) the operation of section 19(3)(b), 21(3)(b) or 22(6) of that Act following termination of a Scottish secure tenancy created before the relevant day,

• (c) the tenant moved to the house from a house subject to a Scottish secure tenancy created before the relevant day in pursuance of a decision by the landlord to demolish that other house as a result of which—

• (i) the tenancy of that other house was terminated by written agreement between the landlord and the tenant, and

• (ii) the house was made available to the tenant,

• (d) the tenant occupied the house immediately before the relevant day under a short Scottish secure tenancy which has, since that day, been converted into a Scottish secure tenancy under section 37, or

• (e) the tenant—

• (i) occupied the house (or any other house held by the landlord for the purposes of a police force) under a Scottish secure tenancy immediately before the creation of the tenancy, and

• (ii) agreed to terminate that Scottish secure tenancy without having been notified by the landlord of the effect of sub-paragraph (2)(a) at least 28 days before so agreeing.

• (4) In this paragraph—

• “police force” has the same meaning as in the Police (Scotland) Act 1967 (c.77),

• “relevant day” means the day on which section 154 of the Housing (Scotland) Act 2010 (asp 17) comes into force.

Lettings to students

3

• (1) A tenancy is not a Scottish secure tenancy if it is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution and is granted either by that institution or by another specified institution or body.

• (2) In sub-paragraph (1), “specified” means specified, or of a type specified, by regulations made by the Scottish Ministers.

Temporary accommodation during work

4

A tenancy is not a Scottish secure tenancy if—

• (a) the house is occupied by the tenant while work is being carried out on the house which the tenant normally occupies as the tenant’s home, and

• (b) the tenant is—

• (i) by agreement, or

• (ii) by virtue of an order of the sheriff under section 16(6),

entitled to return there after the work is completed.

Accommodation for homeless persons

5

A tenancy is not a Scottish secure tenancy if the house is being let to the tenant expressly on a temporary basis, for a term of less than 6 months, in fulfilment of a duty imposed on a local authority by Part II (homeless persons) of the 1987 Act.

Accommodation for offenders

6

A tenancy is not a Scottish secure tenancy if it is granted, for a term of less than 6 months, to a person—

• (a) who is under supervision in pursuance of the functions of a local authority under paragraph (b)(i), (ii) or (vi) of subsection (1) of section 27 (supervision and care of persons on probation, released from prison etc.) of the Social Work (Scotland) Act 1968 (c.49), or

• (b) who has requested, in accordance with paragraph (c) of that subsection, the provision of advice, guidance or assistance by a local authority in pursuance of the authority’s functions under that paragraph.

Shared ownership agreements

7

A tenancy is not a Scottish secure tenancy if it is a tenancy under a shared ownership agreement within the meaning of section 83(3).

Agricultural and business premises

8

A tenancy is not a Scottish secure tenancy if the house—

• (a) is let together with agricultural land exceeding two acres in extent,

• (b) consists of or includes premises which are used as a shop or office for business, trade or professional purposes,

• (c) consists of or includes premises licensed for the sale of alcohol (within the meaning of section 2 of the Licensing (Scotland) Act 2005) , or

• (d) is let in conjunction with any purpose mentioned in sub-paragraph (b) or (c).

Houses part of, or within curtilage of, certain other buildings

9

A tenancy is not a Scottish secure tenancy if the house forms part of, or is within the curtilage of, a building which—

• (a) is held by the landlord mainly for purposes other than the provision of housing accommodation, and

• (b) mainly consists of accommodation other than housing accommodation.

Accommodation in property not owned by landlord

10

A tenancy is not a Scottish secure tenancy if the house is leased by the landlord from another body and the terms of the lease preclude the letting of the house by the landlord under a Scottish secure tenancy.

SCHEDULE 2

PART 1 — GROUNDS ON WHICH COURT MAY ORDER RECOVERY OF POSSESSION

1

Rent lawfully due from the tenant has not been paid, or any other obligation of the tenancy has been broken.

2

The tenant (or any one of joint tenants), a person residing or lodging in the house with, or subtenant of, the tenant, or a person visiting the house has been convicted of—

• (a) using the house or allowing it to be used for immoral or illegal purposes, or

• (b) an offence punishable by imprisonment committed in, or in the locality of, the house.

3

• (1) The condition of the house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant (or any one of joint tenants) or any person residing or lodging with, or any subtenant of, the tenant; and in the case of acts of waste by, or the neglect or default of, a person residing or lodging with, or subtenant of, a tenant, the tenant has not, before the making of the order in question, taken such steps as the tenant ought reasonably to have taken for the removal of that person.

• (2) In sub-paragraph (1), “the common parts” means any part of a building containing the house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other houses.

4

The condition of any furniture provided for use under the tenancy, or for use in any of the common parts (within the meaning given in paragraph 3(2)), has deteriorated owing to ill-treatment by the tenant (or any one of joint tenants) or any person residing or lodging with, or any subtenant of, the tenant; and in the case of ill-treatment by a person residing or lodging with, or subtenant of, a tenant, the tenant has not, before the making of the order in question, taken such steps as the tenant ought reasonably to have taken for the removal of that person.

5

The tenant and—

• (a) the tenant’s spouse or civil partner , or

• (b) any person with whom the tenant has, for a period of at least 6 months immediately prior to the commencement of the period referred to below, been living in the house as husband and wife or in a relationship which has the characteristics of the relationship between civil partners ,

have been absent from the house without reasonable cause for a continuous period exceeding 6 months or have ceased to occupy the house as their principal home.

6

The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant.

7

• (1) The tenant (or any one of joint tenants), a person residing or lodging in the house with, or any subtenant of, the tenant, or a person visiting the house has—

• (a) acted in an anti-social manner in relation to a person residing in, visiting or otherwise engaged in lawful activity in the locality, or

• (b) pursued a course of conduct amounting to harassment of such a person, or a course of conduct which is otherwise anti-social conduct in relation to such a person,

and it is not reasonable in all the circumstances that the landlord should be required to make other accommodation available to the tenant.

• (2) In sub-paragraph (1)—

• “anti-social”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance,

• “conduct” includes speech, and a course of conduct must involve conduct on at least two occasions,

• “harassment” is to be construed in accordance with section 8 of the Protection from Harassment Act 1997 (c.40).

8

• (1) The tenant (or any one of joint tenants) or any person residing or lodging with, or any subtenant of, the tenant—

• (a) has been guilty of conduct in or in the vicinity of the house which is a nuisance or annoyance, or

• (b) has pursued a course of conduct amounting to harassment of a person residing in, visiting or otherwise engaged in lawful activity in the locality,

and in the opinion of the landlord it is appropriate in the circumstances to require the tenant to move to other accommodation.

• (2) In sub-paragraph (1), “conduct” and “harassment” have the same meanings as in paragraph 7.

9

The house is overcrowded, within the meaning of section 135 of the 1987 Act, in such circumstances as to render the occupier guilty of an offence.

10

• (1) It is intended within a reasonable period of time to demolish, or carry out substantial work on, the building or a part of the building which comprises or includes the house, and such demolition or work cannot reasonably take place without the landlord obtaining possession of the house.

• (2) For the purposes of sub-paragraph (1), “demolition” is to be construed in accordance with section 338(3) of the 1987 Act.

11

The house has been designed or adapted for occupation by a person whose special needs require accommodation of the kind provided by the house and—

• (a) there is no ... person with such special needs occupying the house, and

• (b) the landlord requires it for occupation (whether alone or with other members of the person’s family) by a person who has such special needs.

12

The house forms part of a group of houses which has been designed, or which has been provided with or located near facilities, for persons with special needs, and—

• (a) there is no ... person with such a need occupying the house, and

• (b) the landlord requires it for occupation (whether alone or with other members of the person’s family) by a person who has such a need.

13

The interest of the landlord in the house is that of a lessee under a lease and that lease either—

• (a) has terminated, or

• (b) will terminate within a period of 6 months from the date of raising of proceedings for recovery of possession.

14

The landlord is Orkney Islands Council, Shetland Islands Council or Western Isles Council and—

• (a) the house is—

• (i) held by the council for the purposes of its functions as education authority, and

• (ii) required for the accommodation of a person who is or will be employed by the council for those purposes,

• (b) the council cannot reasonably provide a suitable alternative house for the accommodation referred to in sub-paragraph (a)(ii), and

• (c) the tenant (or any one of joint tenants) is, or at any time during the tenancy has been or, where the tenancy passed to the existing tenant under section 22, the previous tenant at any time during the tenancy was, employed by the council for the purposes of its functions as education authority and such employment has terminated or notice of termination has been given.

15

The landlord wishes to transfer the tenancy of the house to—

• (a) the tenant’s spouse or civil partner (or former spouse or former civil partner) , or

• (b) a person with whom the tenant has, for a period of at least 6 months immediately prior to the date of the application for transfer, been living in the house as husband and wife or in a relationship which has the characteristics of the relationship between civil partners ,

who has applied to the landlord for such transfer; and the tenant or (as the case may be) the spouse or other person no longer wishes to live together with the other in the house.

PART 2 — SUITABILITY OF ACCOMMODATION

16

For the purposes of sections 16(4), 19(5), 21(5) and 22(7), accommodation is suitable if—

• (a) it consists of premises which are to be let as a separate dwelling under a Scottish secure tenancy or under a private residential tenancy , and

• (b) it is reasonably suitable to the needs of the tenant and the tenant’s family.

17

In determining whether accommodation is reasonably suitable to the needs of the tenant and the tenant’s family, regard is to be had to—

• (a) its proximity to the place of work (including attendance at an educational institution) of the tenant and of members of the tenant’s family, compared with the tenant’s existing house,

• (b) the extent of the accommodation required by the tenant and the tenant’s family,

• (c) the character of the accommodation offered compared to the tenant’s existing house,

• (d) the terms on which the accommodation is offered to the tenant compared with the terms of the tenant’s existing tenancy,

• (e) if any furniture was provided by the landlord for use under the existing tenancy, whether furniture is to be provided for use under the new tenancy which is of a comparable nature in relation to the needs of the tenant and the tenant’s family,

• (f) any special needs of the tenant or the tenant’s family.

18

If the landlord has made an offer in writing to the tenant of new accommodation which complies with paragraph 16(a) and which appears to it to be suitable, specifying the date when the accommodation will be available and the date (not being less than 14 days from the date of the offer) by which the offer must be accepted, the accommodation so offered is deemed to be suitable if—

• (a) the landlord shows that the tenant accepted the offer within the time duly specified in the offer, or

• (b) the landlord shows that the tenant did not so accept the offer, and the tenant does not satisfy the court that the tenant acted reasonably in failing to accept the offer.

SCHEDULE 3

Qualified persons

1

For the purposes of section 22, a person falling within any of paragraphs 2 to 4 is a qualified person.

2