Housing (Scotland) Act 2001

Land Tenure Reform (Scotland) Act 1974 (c.38)

11

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Special rule: specially adapted house

Anti-social behaviour order

Local Government (Scotland) Act 1975 (c.30)

Initial notice to be given to the Scottish Ministers

Rent (Scotland) Act 1984 (c.58)

Land Tenure Reform (Scotland) Act 1974 (c.38)

Housing Act 1988 (c.50)

Rent (Scotland) Act 1984 (c.58)

Bankruptcy (Scotland) Act 1985 (c.66)

Taxation of Chargeable Gains Act 1992 (c.12)

Crime and Disorder Act 1998 (c.37)

Housing Act 1988 (c.50)

Social Security Administration Act 1992 (c.5)

Local Government etc. (Scotland) Act 1994 (c.39)

Crime and Disorder Act 1998 (c.37)

New Towns (Scotland) Act 1968 (c.16)

Delegation of functions

68A

• (1) This subsection applies where—

• (a) a local authority has disposed of an interest in land to a registered social landlord (“RSL 1”) under section 12 of the 1987 Act before the date on which this section came into force,

• (b) sections 191 to 193 and section 203(1) of the 1987 Act no longer apply to that local authority by virtue of an order made under section 94 of this Act,

• (c) the Scottish Ministers are satisfied that it is appropriate for RSL 1 to authorise another registered social landlord to exercise any of RSL 1's housing management functions if RSL 1 is to manage its houses in a manner which is consistent with the spirit of any notice served on tenants for the purposes of paragraph 3(2) or (3) of schedule 9 in relation to the disposal, and

• (d) less than 5 years have passed since this section came into force.

• (2) Where subsection (1) applies, the Scottish Ministers may direct RSL 1 to authorise another registered social landlord (“RSL 2”) to exercise such of RSL 1's housing management functions as may be specified in the direction in place of RSL 1 on such terms, if any, as may be so specified; and both RSL 1 and RSL 2 must comply with the direction.

• (3) RSL 1 may not, while a direction under subsection (2) remains in force, authorise any person other than RSL 2 to exercise any functions specified in the direction.

• (4) A direction made under subsection (2) must be published in such manner as the Scottish Ministers think fit.

• (5) Any authorisation given in pursuance of a direction made under subsection (2) continues to have effect for so long as the direction has effect.

• (6) A direction made under subsection (2) continues to have effect notwithstanding the fact that the power to make that direction has expired by virtue of subsection (1)(d).

• (7) In this section “housing management functions” means functions relating to the management of houses.

House of Commons Disqualification Act 1975 (c.24)

Land Tenure Reform (Scotland) Act 1974 (c.38)

Land Tenure Reform (Scotland) Act 1974 (c.38)

Local Government (Scotland) Act 1975 (c.30)

Local Government (Scotland) Act 1975 (c.30)

Finance Act 1981 (c.35)

Ancillary provision

Bankruptcy (Scotland) Act 1985 (c.66)

Approval of application

Bankruptcy (Scotland) Act 1985 (c.66)

Housing (Scotland) Act 1986 (c.65)

Land Compensation (Scotland) Act 1973 (c.56)

Local authority maintenance of houses etc. of registered social landlord

Payments and benefits to officers and employees etc.

Initial notice to be given to the Scottish Ministers

Housing Associations Act 1985 (c.69)

Payments and benefits to officers and employees etc.

General power to remove director, trustee etc.

Company: power to appoint new director

Appointment of auditors by industrial and provident societies

Extraordinary audit for purposes of inquiry

Rent (Scotland) Act 1984 (c.58)

Application for consent of the Scottish Ministers

Friendly and Industrial and Provident Societies Act 1968 (c.55)

Land Compensation (Scotland) Act 1973 (c.56)

Land Tenure Reform (Scotland) Act 1974 (c.38)

Local Government (Scotland) Act 1975 (c.30)

Rent (Scotland) Act 1984 (c.58)

Bankruptcy (Scotland) Act 1985 (c.66)

Housing Associations Act 1985 (c.69)

Housing (Scotland) Act 1988 (c.43)

Housing (Scotland) Act 1988 (c.43)

Housing Act 1988 (c.50)

Social Security Administration Act 1992 (c.5)

Taxation of Chargeable Gains Act 1992 (c.12)

Local Government Finance Act 1992 (c.14)

Local Government etc. (Scotland) Act 1994 (c.39)

Crime and Disorder Act 1998 (c.37)

Local Government (Scotland) Act 1975 (c.30)

House of Commons Disqualification Act 1975 (c.24)

Housing (Scotland) Act 1988 (c.43)

Initial notice to be given to the Scottish Ministers

Housing (Scotland) Act 1988 (c.43)

Housing (Scotland) Act 1988 (c.43)

Housing (Scotland) Act 1988 (c.43)

Housing (Scotland) Act 1986 (c.65)

Housing Act 1988 (c.50)

Housing (Scotland) Act 1988 (c.43)

Taxation of Chargeable Gains Act 1992 (c.12)

Taxation of Chargeable Gains Act 1992 (c.12)

Local Government Finance Act 1992 (c.14)

Local Government Finance Act 1992 (c.14)

Local Government etc. (Scotland) Act 1994 (c.39)

Crime and Disorder Act 1998 (c.37)

Termination of joint tenant’s interest in tenancy

14A

• (1) The pre-action requirements referred to in section 14(2A) are set out in subsections (2) to (7) below.

• (2) The landlord must provide the tenant with clear information about—

• (a) the terms of the tenancy agreement, and

• (b) outstanding rent and any other outstanding financial obligation of the tenancy.

• (3) The landlord must make reasonable efforts to provide the tenant with advice and assistance on the tenant's eligibility to receive—

• (a) housing benefit, and

• (b) other types of financial assistance (for example, other benefits or grants).

• (4) The landlord must provide the tenant with information about sources of advice and assistance in relation to management of debt.

• (5) The landlord must make reasonable efforts to agree with the tenant a reasonable plan for future payments to the landlord, such plan to include proposals in respect of—

• (a) future payments of rent, and

• (b) outstanding rent and any other outstanding financial obligation of the tenancy.

• (6) The landlord must not serve a notice under section 14(2) if—

• (a) an application for housing benefit for the tenant—

• (i) has been made but has not yet been determined, and

• (ii) is, in the opinion of the landlord, likely to result in the benefit being paid at a level allowing the tenant to pay, or reduce by an amount acceptable to the landlord, the outstanding rent and any other outstanding financial obligation of the tenancy,

• (b) the tenant is taking other steps which, in the opinion of the landlord, are likely to result in the payment to the landlord within a reasonable time of—

• (i) the outstanding rent, and

• (ii) any other outstanding financial obligation of the tenancy, or

• (c) the tenant is complying with the terms of a plan agreed to in accordance with subsection (5).

• (7) The landlord, unless it is a local authority landlord, must encourage the tenant to contact the local authority in whose area the house is situated.

• (8) In complying with the pre-action requirements the landlord must have regard to any guidance issued by the Scottish Ministers.

• (9) The Scottish Ministers may by order make further provision about the pre-action requirements, including provision—

• (a) specifying particular steps to be taken, or not to be taken, by a landlord in complying with any requirement;

• (b) modifying or removing any requirement.

• (10) In this section, “housing benefit” has the same meaning as in section 123 of the Social Security Contributions and Benefits Act 1992 (c.4).

Equal opportunities

Premises occupied under contract of employment

Anti-social behaviour order

Application for consent of the Scottish Ministers

Payments by way of gift, dividend or bonus

New Towns (Scotland) Act 1968 (c.16)

Anti-social behaviour order

Housing (Scotland) Act 1987 (c.26)

Housing (Scotland) Act 1987 (c.26)

Housing (Scotland) Act 1988 (c.43)

Social Security Administration Act 1992 (c.5)

Social Security Administration Act 1992 (c.5)

Local Government etc. (Scotland) Act 1994 (c.39)

Crime and Disorder Act 1998 (c.37)

Land Tenure Reform (Scotland) Act 1974 (c.38)

Housing (Scotland) Act 1987 (c.26)

Disposals to which this schedule applies

New Towns (Scotland) Act 1968 (c.16)

Housing (Scotland) Act 1988 (c.43)

Housing (Scotland) Act 1988 (c.43)

Housing Act 1988 (c.50)

Local Government Finance Act 1992 (c.14)

Local Government Finance Act 1992 (c.14)

Leasehold Reform, Housing and Urban Development Act 1993 (c.28)

Housing Act 1988 (c.50)

Local Government etc. (Scotland) Act 1994 (c.39)

The qualifying conditions

Inspections

Transfer of functions to the Scottish Ministers

Equal opportunities

Orders and regulations

Qualified persons

Initial notice to be given to the Scottish Ministers

Housing Associations Act 1985 (c.69)

Housing Act 1988 (c.50)

Data Protection Act 1998 (c.29)

Local Government etc. (Scotland) Act 1994 (c.39)

Local Government etc. (Scotland) Act 1994 (c.39)

Crime and Disorder Act 1998 (c.37)

Data Protection Act 1998 (c.29)

Housing Act 1988 (c.50)

Local Government Finance Act 1992 (c.14)

Crime and Disorder Act 1998 (c.37)

Crime and Disorder Act 1998 (c.37)

35A

• (1) The landlord under a tenancy which is a short Scottish secure tenancy by virtue of section 35 or paragraph 1, 2 or 2A of schedule 6 may extend the term of that tenancy by 6 months from the day which would otherwise be the day of expiry of the tenancy.

• (2) Such an extension may not be made unless—

• (a) the tenant is in receipt of housing support services, and

• (b) the landlord has, on or before the day which is 2 months before the day which would otherwise be the day of expiry of the tenancy, served on the tenant a notice informing the tenant of—

• (i) the extension, and

• (ii) the reasons for the extension.

• (3) A landlord may not give a notice if the landlord has previously given a notice under subsection (2) in relation to that short Scottish secure tenancy.

Application of sections 23 to 33 to other tenancies

Consultation with tenants and registered tenant organisations

Property and liabilities

Police and fire service accommodation

Previous anti-social behaviour

2A

• (1) A person mentioned in sub-paragraph (2) has, within the period of 3 years preceding the date of service of the notice—

• (a) acted in an antisocial manner in relation to another person residing in, visiting or otherwise engaged in lawful activity in the locality of a house occupied by the prospective tenant or by a person who it is proposed will reside with the prospective tenant, or

• (b) pursued a course of conduct amounting to harassment of such other person, or a course of conduct which is otherwise antisocial conduct in relation to such other person.

• (2) The persons are—

• (a) the prospective tenant,

• (b) any one of prospective joint tenants,

• (c) a person visiting a house occupied by the prospective tenant or by a person who it is proposed will reside with the prospective tenant, and

• (d) a person who it is proposed will reside with the prospective tenant.

• (3) In sub-paragraph (1)—

• “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).

7A

• (1) The house is to be let expressly on a temporary basis to a person pending the making of arrangements in relation to a property mentioned in sub-paragraph (2) which will allow the person's housing needs to be met.

• (2) The property is heritable property owned by the person or a person who it is proposed will reside with that person.

Finance Act 1981 (c.35)

Housing (Scotland) Act 1988 (c.43)

Housing Act 1988 (c.50)

Taxation of Chargeable Gains Act 1992 (c.12)

Local Government Finance Act 1992 (c.14)

Local Government Finance Act 1992 (c.14)

Leasehold Reform, Housing and Urban Development Act 1993 (c.28)

Data Protection Act 1998 (c.29)

Ancillary provision

Qualified persons

Payments and benefits to officers and employees etc.

Finance Act 1981 (c.35)

Housing (Scotland) Act 1986 (c.65)

Housing (Scotland) Act 1988 (c.43)

Housing Act 1988 (c.50)

Local Government and Housing Act 1989 (c.42)

Leasehold Reform, Housing and Urban Development Act 1993 (c.28)

Data Protection Act 1998 (c.29)

Short Scottish secure tenancies

4A

For the purposes of paragraph 2, 3 or 4 a period may be considered in relation to a person only if, at any time before that period began, the landlord was notified by—

• (a) the person, or

• (b) any other person who was the tenant of the house in question when the notice was given,

that the house in question was the person's only or principal home.

Housing Associations Act 1985 (c.69)

Leasehold Reform, Housing and Urban Development Act 1993 (c.28)

Homelessness strategies

Review of decisions

Duty of registered social landlord to provide accommodation

Scottish secure tenancy

Exchange of house

Qualified persons

New Towns (Scotland) Act 1968 (c.16)

Social Security Administration Act 1992 (c.5)

Keeping pets

31A

• (1) It is a term of every Scottish secure tenancy that the tenant may keep a pet (or pets) at the house with the consent in writing of the landlord, which must not be unreasonably withheld (but see subsection (3)).

• (2) The provisions of Part 1A of schedule 5 have effect as terms of every Scottish secure tenancy (but see subsection (3)).

• (3) The terms of a Scottish secure tenancy that have effect by virtue of subsections (1) and (2) may be modified by a landlord so that, under the terms of the tenancy, the tenant may keep a pet at the house without the consent of the landlord.

• (4) In this section, sections 31B and 31C and Part 1A of schedule 5—

• “animal” does not include a dangerous wild animal within the meaning given by section 7(4) of the Dangerous Wild Animals Act 1976,

• “pet” means an animal kept by a person mainly for—personal interest (including as regards its welfare, treatment or training),companionship,ornamental purposes, orany combination of paragraphs (a) to (c),

• “tenant”, in the case of a joint tenancy, does not include the other joint tenant or tenants.

31B

• (1) For the purpose of paragraph 8C(b) of schedule 5, the Scottish Ministers may by regulations make provision about when a condition mentioned in that paragraph (to which consent to keep a pet is subject) is reasonable.

• (2) Regulations under subsection (1) may in particular specify—

• (a) circumstances in which a condition, or type of condition, is or is not reasonable,

• (b) factors that tend to show that a condition is or is not reasonable.

• (3) The Scottish Ministers must, as soon as reasonably practicable after the day on which subsection (1) takes effect, lay before the Scottish Parliament a draft Scottish statutory instrument containing the first regulations under that subsection.

• (4) If the Scottish Parliament approves the draft Scottish statutory instrument, the Scottish Ministers must make the regulations contained in the draft instrument.

31C

• (1) For the purpose of paragraph 8C(c) of schedule 5, the Scottish Ministers may by regulations make provision about when it is reasonable for a landlord to refuse to consent to a tenant keeping a pet at a house.

• (2) Regulations under subsection (1) may in particular specify—

• (a) circumstances in which it is or is not reasonable to refuse such consent,

• (b) factors that tend to show that the refusal of such consent is or is not reasonable.

31D

Before laying a draft of a Scottish statutory instrument containing regulations under section 31B or 31C before the Scottish Parliament, the Scottish Ministers—

• (a) must consult persons who appear to them to represent the interests of tenants and landlords affected by the regulations, and

• (b) may consult any other person they consider appropriate.

Part 1A — Keeping pets

8A

A tenant under a Scottish secure tenancy who wishes to keep a pet at the house may make a written application to the landlord for the landlord’s consent, giving details of the pet.

8B

The application must fulfil any other requirements prescribed by the Scottish Ministers in regulations.

8C

The landlord may—

• (a) consent,

• (b) consent subject to such reasonable conditions as the landlord may impose, or

• (c) refuse consent, provided that it is not refused unreasonably.

8D

Any condition imposed by the landlord must comply with regulations under section 31B.

8E

A refusal of consent by the landlord must comply with regulations under section 31C.

8F

The landlord must intimate its consent or refusal, any conditions imposed and, in the case of refusal, the reasons for the refusal, to the tenant in writing within a period of one month beginning with the day on which the application was received.

8G

Where a landlord consents to the tenant keeping the pet at the house the tenant may keep the pet at the house until the end of the tenancy subject to any reasonable conditions imposed by the landlord in connection with the consent to keep the pet.

8H

If the landlord fails to comply with paragraph 8F, it is to be taken to have consented to the application.

Payments by way of gift, dividend or bonus

Interpretation

Disposals to which this schedule applies