Tenants’ Rights, Etc. (Scotland) Act 1980

(3) An interest belonging to Her Majesty in right of the Crown shall not prevent a tenancy from being a protected tenancy or a person from being a statutory tenant if the interest is under the management of the Crown Estate Commissioners.

.

• (2) Section 6(3) of the 1971 Act shall be amended by inserting after paragraph (a) a new paragraph—

(aa) in relation to any dwelling-house of which a tenancy granted before the commencement of section 40 of the Tenants' Rights, Etc. (Scotland) Act 1980 becomes, or would but for its low rent become, a protected tenancy by virtue of that section, means the date of commencement of that section.

.

• (3) Section 85 of the 1971 Act shall be amended as follows—

• (a) in subsection (3)—

• (i) before "This Part" insert " Subject to subsection (3A) below " ; and

• (ii) in paragraph (a) the words " or of the Duchy of Lancaster or to the Duchy of Cornwall" are repealed;

• (b) after subsection (3) insert a new subsection—

(3A) An interest belonging to Her Majesty in right of the Crown shall not prevent this Part of this Act from applying to a contract if the interest is under the management of the Crown Estate Commissioners.

.

• (4) Schedule 3 to the 1971 Act shall be amended as follows—

• (a) in Case 5 after " 1965 " insert " or, in the case of a tenancy which became a regulated tenancy by virtue of section 40 of the Tenants' Rights, Etc. (Scotland) Act 1980, after the commencement of that section " ; and

• (b) in Part III, in paragraph 2 at the end add a new paragraph—

(aaa) in the case of a tenancy which becomes a regulated tenancy by virtue of section 40 of the Tenants' Rights, Etc. (Scotland) Act 1980, the relevant date means the date falling six months after the passing of that Act; and

.

• (5) Section 134 of the 1971 Act shall be amended by adding the following new subsections—

(3) Where an interest belongs to Her Majesty in right of the Duchy of Lancaster, for the purposes of this Act the Chancellor of the Duchy of Lancaster shall be deemed to be the owner of the interest. (4) Where an interest belongs to the Duchy of Cornwall, for the purposes of this Act the Secretary of the Duchy of Cornwall shall be deemed to be the owner of the interest.

.

Miscellaneous amendments of enactments relating to private sector tenancies

Amendment of enactments relating to housing associations

41

• (1) Section 5 of the Rent (Scotland) Act 1971 shall be amended as follows—

• (a) in subsection (4) the words from the beginning to " fulfilled, " are repealed ; and

• (b) subsection (5) is repealed.

• (2) Sections 64 and 65 of the Housing (Financial Provisions) (Scotland) Act 1972 are repealed.

• (3) Section 66 of the said Act of 1972 shall be amended by substituting for the words " to (4) " the words ", (2) and (4)".

• (4) Section 18 of the Housing Act 1974 shall be amended as follows—

• (a) in subsection (2) the words " in such form as may be prescribed " are repealed ; and

• (b) subsection (5) is repealed.

Prohibition of eviction without due process of law to apply to Part VII contracts

42

Section 32(1) of the Rent Act 1965 (which prohibits eviction of tenants without due process of law) shall apply to contracts to which Part VII of the 1971 Act applies created before or after the commencement of this section, and accordingly the said section 32(1) shall be amended as follows—

• (a) after the first "Part of this Act" there shall be inserted " or a right of a kind to which Part VII of the Rent (Scotland) Act 1971 applies to use a dwelling-house has been granted before or after the date of commencement of section 42 of the Tenants' Rights, Etc. (Scotland) Act 1980 " ; and

• (b) in paragraph (a) after " tenancy " there shall be inserted " or, as the case may be, the right to use ".

Amendment of sections 1 and 86 of the 1971 Act

43

The Rent (Scotland) Act 1971 shall be amended as follows—

• (a) in sections 1 (protected tenancies) and 86 (dwelling-houses to which Part VII applies) by adding after subsection (1) in each section the following subsection—

(1A) In relation to dwelling-houses comprising or forming part of lands and heritages for which a rateable value is or was first shown on the valuation roll on or after 1st April 1978, the Secretary of State may by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament increase the said sum of £200 in subsection (1) above, and he may make different provision for different classes of cases.

;

• (b) in section 86(3) by leaving out the words " this section " and inserting the words " subsection (2) above " ;

• (c) in section 86(4) by leaving out the words " this section " and by inserting the words " subsection (2) above " .

Modifications of section 5A of the 1971 Act

44

Section 5A of the 1971 Act (no protected tenancy where landlord's interest belongs to resident landlord) shall, in relation to a tenancy granted before or after the commencement of this section, be amended as follows—

• (a) in subsection (3)(a) for " 14 " there shall be substituted " 28 " ;

• (b) in subsection (3)(e) for " 12 " there shall be substituted " 24 " ; and

• (c) in subsection (4), after " (3) " there shall be inserted " (a) or (b) " .

Resident landlords

45

In relation to tenancies granted after the commencement of this section, section 5A(1) of the 1971 Act (no protected tenancy where landlord's interest belongs to resident landlord) shall have effect subject to the substitution for paragraphs (a) to (c) of the following paragraphs—

(a) the dwelling-house (not being a whole flat in a purpose built block of flats) forms part only of a building ; and (b) subject to subsection (2) below, the tenancy was granted by a person who, at the time when he granted it, occupied as his residence another dwelling-house which also forms part of the building ; and (c) subject to subsection (3) below, at all times since the tenancy was granted the interest of the landlord under the tenancy has belonged to a person who, at the time he owned that interest, occupied as his residence another dwelling-house which also formed part of the building.

.

Conversion of all remaining controlled tenancies

46

• (1) Every controlled tenancy for the purposes of the 1971 Act in existence at the date of commencement of this section shall then cease to be a controlled tenancy and shall become a regulated tenancy for the purposes of the 1971 Act.

• (2) Where a part of premises which include a dwelling-house is used as a shop or office or for business, trade or professional purposes, and the premises were let immediately before the commencement of this section under a controlled tenancy, section 9 of the 1971 Act shall not prevent that tenancy becoming a regulated tenancy under subsection (1) above nor shall it prevent a new tenancy granted to the tenant or to any person who is entitled to succeed him as a statutory tenant from becoming a regulated tenancy.

• (3) In section 36(1) of the 1972 Act (conversion of controlled tenancies), after paragraph (c), there shall be added a new paragraph as follows—

; or (d) section 46(1) of the Tenants' Rights, Etc. (Scotland) Act 1980 (conversion of all remaining controlled tenancies),

.

• (4) In case 8 of Schedule 3 to the 1971 Act for the words " if the dwelling-house is let on or subject to a controlled tenancy after 7th November 1956 " there shall be substituted the words " if the dwelling-house was on 7th November 1956 let on or subject to a controlled tenancy, after the last-mentioned date. " .

Determination of fair rent

47

Section 42 of the 1971 Act (determination of fair rent) shall be amended by substituting for subsection (1) the following subsection—

(1) In determining for the purposes of this Part of this Act what rent is or would be a fair rent under a regulated tenancy of a dwelling-house, it shall be the duty of the rent officer or, as the case may be, of the rent assessment committee, subject to the provisions of this section, to have regard to all the circumstances (other than personal circumstances), and in particular to apply their knowledge and experience of current rents of comparable property in the area, as well as having regard to the age, character and locality of the dwelling-house in question and to its state of repair and, if any furniture is provided for use under the tenancy, to the quantity, quality and condition of the furniture.

.

Effect of registration of rent

48

• (1) For section 44 of the 1971 Act (effect of registration of rent) there shall be substituted the following section—

(44) (1) Subject to subsection (2) below, the registration of a rent for a dwelling-house takes effect if the rent was determined by the rent officer, from the date when it was registered. (2) If (by virtue of section 40(3A) of this Act) an application for registration of rent is made before the expiry of the period of 3 years referred to in subsection (3) of that section, the registration of a rent for the dwelling-house does not take effect before the end of that period. (3) If, on application for the registration of a different rent, the rent officer confirms the rent for the time being registered, the confirmation of that rent takes effect from the date when it is noted in the register. (4) If the rent for a dwelling-house is determined by a rent assessment committee, the registration of that rent takes effect from the date when the committee make their decision. (5) The date from which the registration or confirmation of a rent takes effect shall be entered in the register. (6) As from the date on which the registration of a rent takes effect any previous registration of a rent for the dwelling-house ceases to have effect. (7) Where a valid notice of increase under any provision of Part III of this Act has been served on a tenant and, in consequence of the registration of a rent, part but not the whole of the increase specified in the notice becomes irrecoverable from the tenant, the registration shall not invalidate the notice, but the notice shall, as from the date from which the registration takes effect, have effect as if it specified such part only of the increase as has not become irrecoverable.

.

• (2) In section 21(3) of the 1971 Act (limit of rent during statutory periods) for the words " on which the rent was registered " there shall be substituted the words " from which the registration of the rent took effect " .

• (3) For section 40(4) of the 1971 Act (meaning of a " relevant date " in relation to applications for registration of rent) there shall be substituted the following subsections—

(4) In this section and section 41 of this Act, " relevant date ", in relation to a rent which has been registered under this Part of this Act, means the date from which the registration took effect or, in the case of a registered rent which has been confirmed by the rent officer, the date from which the confirmation (or, where there have been two or more confirmations, the last of them) took effect. (4A) For the purposes of subsection (4) above, where a rent is registered as a result of a decision of a rent assessment committee the date from which that registration took effect shall be taken to be the date on which the rent determined by the rent officer was registered or, as the case may be, the confirmation of the registered rent by the rent officer was noted.

.

• (4) In paragraph 9(2) of Schedule 6 to the 1971 Act (procedure on application for registration of rent), for the word " accordingly " there shall be substituted the words " of their decision and, in the case of the determination of a rent, of the date on which their decision was made. " .

Repeal of provisions relating to increase of recoverable rent on account of improvements

49

• (1) Subject to subsection (2) below, sections 24, 29 and 30 of the 1971 Act, all of which relate to increase of recoverable rent on account of improvements, shall cease to have effect.

• (2) Where a notice of increase has been served by the landlord under subsection (2) of the said section 24 before the commencement of this section, the said sections 24, 29 and 30 shall continue to apply in relation to the rent increase to which the notice relates as they applied before the said commencement.

• (3) The 1971 Act is amended as follows—

• (i) in section 21(4) for "to 24 " there shall be substituted " and 23 ";

• (ii) in section 25(1)—

• (a) after " 21(2) " insert " or " ; and

• (b) the words " section 24(2) " shall cease to have effect.

Cancellation of registration

50

After section 44A of the 1971 Act there shall be inserted the following new section—

(44B) (1) Where the rent for a dwelling-house has been registered but the dwelling-house has ceased to be let under a regulated tenancy, an application to the rent officer may be made by the landlord in accordance with this section for the cancellation of the registration, and the provisions of section 44A (2) to (4), (7) and (8) of this Act shall apply, with any necessary modifications, to an application made under this section as they apply to an application made under the said section 44A.

.

Cancellation of entries in register relating to Part VII contracts at instance of landlord

51

After section 91 of the 1971 Act there shall be inserted the following section—

(91A) (1) Where a rent has been registered under section 89 of this Act but the dwelling-house has ceased to be subject to a Part VII contract, an application to a rent assessment committee may be made by the landlord in accordance with this section for the cancellation of the registration. (2) An application under this section shall not be entertained before the expiry of three years from the date when the registration of the rent takes effect in accordance with section 89 of this Act, (3) On an application under subsection (1) above the rent assessment committee shall, where subsections (1) and (2) above are complied with, cancel the registration, and shall make an entry in the register noting the cancellation and the date from which the cancellation takes effect. (4) The president of the panel set up under Schedule 5 to this Act may, if he thinks fit, direct that in considering applications made under subsection (1) above, the chairman sitting alone may exercise the functions of a rent assessment committee. (5) An application under this section shall be in the prescribed form and contain the prescribed particulars. (6) The rent assessment committee shall notify the applicant of its decision to grant or to refuse any application under this section and, where it grants the application, of the date from which the cancellation takes effect.

.

Transfer of functions of rent tribunals to rent assessment committees

52

• (1) At the commencement of this section the rent tribunals provided for in section 84 of the 1971 Act shall cease to exist, and their functions shall be transferred to the rent assessment committees provided for in section 38 of that Act.

• (2) Any reference in any enactment to a rent tribunal shall have effect as if it were a reference to a rent assessment committee within the meaning of section 38 of the 1971 Act.

Furnished lettings by certain bodies not to be Part VII contracts

53

• (1) After the commencement of this section, Part VII of the 1971 Act shall not apply to a contract where the landlord is a body mentioned in subsection (2) of section 10 of this Act, and accordingly in section 85(3) of the 1971 Act, after paragraph (a), there shall be added a new paragraph as follows—

(aa) to a contract entered into after the commencement of section 53 of the Tenants' Rights, Etc. (Scotland) Act 1980, where the interest of the lessor belongs to a body mentioned in subsection (2) of section 10 of that Act; nor

.

• (2) Section 16(3) of the 1972 Act shall be amended by adding, after " 85(3) " , " (aa) or ".

Apportionment of rateable values for Part VII contracts

54

In section 86 of the 1971 Act (dwelling-houses to which Part VII applies), at the end there shall be added a new subsection as follows—

(5) For the purposes of this section, in relation to a dwelling-house which is not separately rated, "rateable value " means such proportion of the rateable value of the premises of which the dwelling-house forms part as may be determined to reflect the relationship between the value of the dwelling-house and the value of the said premises— (a) by agreement in writing between the lessor and lessee; or (b) failing such agreement, by the sheriff, on a summary application by either party.

.

Notice to quit relating to Part VII contracts entered into after the commencement of Part IV

55

The following section shall be inserted after section 95A of the 1971 Act—

(95B) (1) This section applies to Part VII contracts entered into after the commencement of section 55 of the Tenants' Rights, Etc. (Scotland) Act 1980. (2) Where this section applies, sections 92 to 95A of this Act shall not apply, but in any proceedings for possession the sheriff may, if he thinks fit, postpone the date of possession for a period, which shall not exceed three months. (3) A postponement under subsection (2) above may be made subject to such conditions regarding payment of outstanding rent or other conditions as the sheriff thinks fit.

.

Succession to statutory tenancy

56

• (1) In Schedule 1 to the 1971 Act

• (a) for paragraph 2 there shall be substituted the following paragraph—

(2) The original tenant's spouse where the dwelling-house was his only or principal home at the time of the tenant's death shall be the statutory tenant so long as the said spouse retains possession of the dwelling-house without being entitled to do so under a contractual tenancy. " 6. The first successor's spouse, where the dwelling-house was his only or principal home at the time of the tenant's death, shall be the statutory tenant so long as the said spouse retains possession of the dwelling-house without being entitled to do so under a contractual tenancy.".

; and

• (b) for paragraph 6 there shall be substituted the following paragraph—

(6) The first successor's spouse, where the dwelling-house was his only or principal home at the time of the tenant's death, shall be the statutory tenant so long as the said spouse retains possession of the dwelling-house without being entitled to do so under a contractual tenancy.

.

Returnable deposits not premiums

57

Section 109 of the 1971 Act (Interpretation of Part VIII) shall be amended by adding a new subsection as follows—

(3) For the avoidance of doubt, it is hereby declared that a deposit returnable at the termination of a tenancy or of a Part VII contract given as security for the tenant's obligations for accounts for supplies of gas, electricity, telephone or other domestic supplies and for damage to the dwelling-house or contents is not a premium for the purposes of this Part of this Act provided that it does not exceed the amount of two months' rent payable under the tenancy or under the Part VII contract, as the case may be.

.

Extent of operation of section 119A of 1971 Act

58

For the avoidance of doubt, it is hereby declared that a contract to which section 119A of the 1971 Act applies (a contract which would be a protected tenancy but for section 5A of the 1971 Act) shall be treated for all purposes as if it were a contract to which Part VII of the 1971 Act applies, and accordingly—

• (a) in the said section 119A, in subsection (1), for the words from " for the purposes " to " applies " there shall be substituted the words " for all purposes as a contract to which Part VII of this Act applies " ; and

• (b) in section 16(3) of the 1972 Act, in the parenthesis, at the end there shall be added the words " and a person who is a tenant under a contract which is to be treated as a Part VII contract under section 119A(1) of that Act " .

Consent of tenant to carrying out of works

59

Section 80 of the 1971 Act shall be amended as follows—

• (a) in subsection (2) the words " (whether a controlled or a regulated tenancy) " shall cease to have effect;

• (b) at the end there shall be added the following subsection—

(5) For the purposes 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.

.

Landlord's consent to work

60

The following section shall be inserted after section 121 of the 1971 Act—

(121A) (1) It shall be a term of every protected or statutory tenancy (unless express provision is made to the contrary in the tenancy agreement) that the tenant shall not carry out work, other than interior decoration, in relation to the dwelling-house without the consent in writing of the landlord, which shall not be unreasonably withheld. (2) In this section and in Schedule 4 to the Tenants' Rights, Etc. (Scotland) Act 1980 as it applies to a protected or statutory tenancy " work " means— (a) alteration, improvement or enlargement of the dwelling-house or of any fittings or fixtures; (b) addition of new fittings Or fixtures (including wireless or television aerials); (c) erection of a garage, shed or other structure, but does not include repairs or maintenance of any of these. (3) The provisions of Schedule 4 to the Tenants' Rights, Etc. (Scotland) Act 1980 shall have effect as terms of every protected or statutory tenancy as they have effect as terms of secure tenancies

.

Amendment of section 21(2)(b) of the 1971 Act

61

Section 21(2)(b) of the 1971 Act shall be amended by substituting for the words " section 7 of the Housing Rents and Subsidies (Scotland) Act 1975 " the words " section 37 of the Tenants' Rights, Etc. (Scotland) Act 1980 " and by adding after the words " the date " the words " (which may be any date during a rental period) ".

Publication by local authorities of information as to rights

62

The powers of local authorities to publish information for the assistance of landlords and tenants as to their rights and duties shall be extended so as to include all such obligations under the Rent (Scotland) Acts 1971 to 1980; and accordingly, in section 125 of the 1971 Act, for the words "the provisions of this Act and Part V " there shall be substituted the words " the Rent (Scotland) Acts 1971 to 1980 and under " .

Recovery of possession of dwelling-house subject to regulated tenancy

63

• (1) In Part II of Schedule 3 to the 1971 Act (cases in which court must order possession of dwelling-house subject to regulated tenancy)—

• (a) in Case 11, in paragraph (a), after "Case", insert " (notwithstanding, in the case of a notice given under this paragraph before the commencement of section 63 of the Tenants' Rights, Etc. (Scotland) Act 1980, that the notice may not have referred to any of subparagraphs (ii) to (v) of paragraph (c)) " ;

and in paragraph (c) after " that" insert " (i) " , and at the end insert

; or (iA) the owner-occupier has died, and the dwelling-house is required as a residence for a member of his family who was residing with him at the time of his death; or (ii) the owner-occupier has died, and the dwelling-house is required as a residence by a person inheriting the dwelling-house under the will of the owner-occupier or on his intestacy ; or (iii) the owner-occupier has died and his personal representatives wish to dispose of the dwelling-house with vacant possession; or (iv) the dwelling-house is not reasonably suitable to the needs of the owner-occupier, having regard to his place of work, and he requires it for the purpose of disposing of it with vacant possession and of using the proceeds of that disposal in acquiring as his residence a dwelling-house which is more suitable to those needs ; or (v) the dwelling-house is subject to a heritable security, granted before the creation of the tenancy, and as the result of a default by the debtor the creditor is entitled to sell the dwelling-house and requires it for the purpose of disposing of it with vacant possession in exercise of that entitlement.";

;

• (b) in Case 11A in paragraph (a), after "Case", insert " (notwithstanding, in the case of a notice given under this paragraph before the commencement of section 63 of the Tenants' Rights, Etc. (Scotland) Act 1980, that the notice may not have referred to any of subparagraphs (iii) to (v) of paragraph (c)) " ; and in paragraph (c) leave out " either " and insert " (i) " , after " or " insert" (ii) " and at the end insert—

or for a person inheriting the dwelling-house under the will of the owner or on his intestacy ; or (iii) that the owner has died and his personal representatives wish to dispose of the dwelling-house with vacant possession ; or (iv) that the dwelling-house is subject to a heritable security, granted before the creation of the tenancy, and as the result of a default by the debtor the creditor is entitled to sell the dwelling-house and requires it for the purpose of disposing of it with vacant possession in exercise of that entitlement; or (v) that the dwelling-house is no longer reasonably suitable to the needs of the owner on his retirement, and he requires it for the purpose of disposing of it with vacant possession and of using the proceeds of that disposal in acquiring for his retirement a dwelling-house which is more suitable to those needs.

.

• (2) The following Cases shall be inserted after Case 15 of the said Part II—

• Case 16 Where a dwelling-house has been designed or adapted for occupation by a person whose special needs require accommodation of the kind provided by the dwelling-house and— there is no longer a person with such special needs occupying the dwelling-house; and the court is satisfied that the landlord requires it for occupation (whether alone or with other members of his family) by a person who has such special needs.".
• Case 17 Where the dwelling-house is let by a person (in this Case referred to as " the owner ") at any time after the commencement of section 63 of the Tenants' Rights, Etc. (Scotland) Act 1980 and— at the time when the owner acquired the dwelling-house he was a member of the regular armed forces of the Crown; at the relevant date the owner was a member of the regular armed forces of the Crown ; not later than the relevant date the owner gave notice in writing to the tenant that possession might be recovered under this Case ; the dwelling-house has not, since the commencement of section 63 of the said Act of 1980, been let by the owner on a protected tenancy with respect to which the condition mentioned in paragraph (c) above was not satisfied; and the court is of the opinion that— the dwelling-house is required as a residence for the owner ; or of the conditions set out in paragraph (c) of Case 11 of this Schedule one of those in subparagraphs (ii) to (vi) would be satisfied if the owner of the dwelling-house concerned was the owner occupier. Provided that if the court is of the opinion that, notwithstanding that the condition in paragraph (c) or paragraph (d) above is not complied with, it is just and equitable to make an order for possession of the dwelling-house, the court may dispense with the requirements of either or both of these paragraphs, as the case may require. In this Case " regular armed forces of the Crown " has the same meaning as in section 1 of the House of Commons Disqualification Act 1975.

Pensions etc. for Rent Assessment Panel

64

• (1) The Secretary of State may pay or make provision for paying—

• (a) to or in respect of any member of the panel set up by section 38 of the 1971 Act, such sums by way of pensions, superannuation allowances and gratuities; and

• (b) to any member of the said panel who ceases to be a member other than on the expiry of his term of office, where it appears to the Secretary of State that there are special circumstances which make it unjust for the member not to receive compensation, such sum by way of compensation,

as the Secretary of State may, with the approval of the Minister for the Civil Service, determine.

• (2) Schedule 5 to the 1971 Act shall be amended as follows—

• (a) after paragraph 8 there shall be inserted—

(8A) There shall be paid to or in respect of members of a panel, such sums by way of pensions, superannuation allowances and gratuities as the Secretary of State may, with the approval of the Minister of the Civil Service, determine. (8B) There shall be paid to any member of a panel who ceases to be a member otherwise than on the expiry of his term of office where it appears to the Secretary of State that there are special circumstances such sum as the Secretary of State may, with approval of the Minister for the Civil Service, determine.

.

• (b) for paragraph 10(a) there shall be substituted—

(10) (a) the remuneration and allowances of members of a panel; the pensions, superannuation allowances, and gratuities payable to or in respect of members of a panel; any compensation payable to a member of a panel.

.

Increases in penalties for offences relating to houses in multiple occupation

65

• (1) The Housing (Scotland) Act 1966 shall be amended as follows—

• (a) in section 100(3) for " ten pounds" substitute " fifty pounds " ;

• (b) in section 102(3) for " ten pounds" substitute " fifty pounds " ;

• (c) in section 103(4) for paragraphs (a) and (b) substitute " to a fine not exceeding £200 " ;

• (d) in section 110(1)(b) leave out the words from the second " or " to the end of the paragraph;

• (e) in section 111(5) for paragraphs (a) and (b) substitute " to a fine not exceeding five hundred pounds " ;

• (f) in section 112(5) for " twenty pounds " substitute " fifty pounds " ;

• (g) in section 185(2) after "offence", insert " and shall be liable on summary conviction to a fine not exceeding £200 " .

• (2) Schedule 7C to the Criminal Procedure (Scotland) Act 1975 shall be amended by deleting from the first column of the entry relating to the Housing (Scotland) Act 1966 the words from " where " to the end of the column.

PART V — Miscellaneous

Improvement grants

Availability of improvement grants

66

• (1) For paragraph (a) of section 2(3) of the Housing (Scotland) Act 1974 there shall be substituted the following paragraph—

(a) unless they are satisfied that the owner of every parcel of land on which the improvement works are to be or are being carried out, other than land proposed to be sold or leased under section 145(4) of the Housing (Scotland) Act 1966, has consented in writing to the application and to being bound by any conditions imposed by or under section 9 of this Act; " and after subsection (3) of that section there shall be inserted the following subsection— (3A) Section 11(5) of this Act shall not apply where an applicant for an improvement grant is not the owner of the land to which the application relates.

• (2) In section 7 of the said Act of 1974 after subsection (6) there shall be inserted a new subsection as follows—

(7) The Secretary of State may by order— (a) vary the requirements of subsection (1)(a) and (b) above; (b) vary the amount specified in subsection (4) above, so as to provide for different amounts of grant to apply for different classes of cases.

• (3) In section 49(3) of the said Act of 1974, in the definition of " owner " the words " but in Part I includes such a lessee as is mentioned in section 2(3)(a) of this Act" shall cease to have effect.

• (4) The Housing (Scotland) Act 1974 shall be amended as follows—

• (a) .insert in section 4(1), after the word " applicant " , the words " and where appropriate, the owner " ;

• (b) in section 7(1) leave out the words " by the owner " in both places where they appear;

• (c) in section 8—

• (i) in subsection (1) the words " and in subsection (2) below" are repealed;

• (ii) subsection (2) is repealed ;

• (d) in section 9—

• (i) in subsection (5) in paragraph (b) the words " by a member of the agricultural population " is repealed;

• (ii) in subsection (9) for the words " owner of the house " in the second place where they appear, substitute the word " applicant " ;

• (e) in section 10A(3) substitute for the word " applicant " the word " owner ".

Conditions for approval of applications for improvement grants

67

In section 3 of the Housing (Scotland) Act 1974 (conditions for approval of applications for improvement grants)—

• (a) for paragraph (c) of subsection (2) there shall be substituted the following paragraph—

(c) if, subject to subsections (3) to (5) below, it is made by the owner of the house to which the application relates or by a member of his family and the house or any part thereof is to be occupied by the said owner or by a member of his family after completion of the works and— (i) the rateable value of the occupied premises exceeds the prescribed limit; or (ii) if it is to be provided by the conversion of two or more houses, the aggregate of the rateable values of those houses exceeds the prescribed limit: Provided that where sub-paragraph (i) above applies, a local authority may approve such an application if it is made in relation to a part of the house which after completion of the works will be self-contained and is not to be occupied by the owner or by a member of his family

; and

• (b) for subsection (3) there shall be substituted the following subsections—

(3) Paragraph (c) of subsection (2) above shall not apply— (a) where the house to which the application relates is in a housing action area for improvement declared under section 16 of this Act and is listed in the final resolution under section 18(4)(b) or (c) of this Act as requiring improvement or integration; (b) where the house to which the application relates is subject to an improvement order made under section 14A(1) of this Act. (3A) In paragraph (c) of subsection (2) above— - " prescribed limit" means such limit of rateable value as the Secretary of State with the consent of the Treasury may prescribe; and different limits may be so prescribed for different cases and for different classes of cases; and - " rateable value" means the rateable value entered in the valuation roll and in force on the date of the application. (3B) The Secretary of State may by order made in a statutory instrument vary the provisions of paragraph (c) of subsection (2) above.

.

Maximum approved expense for repair works associated with improvement

68

—Section 5 of the Housing (Scotland) Act 1974 shall be amended as follows—

• (a) by substituting for paragraph (a) of subsection (3) the following paragraph—

(a) where an application for an improvement grant relates wholly or partly to the provision of any or all of the standard amenities and— (i) on completion of the works the house is in the opinion of the local authority likely to be available for use as a house for a period of at least 10 years, a maximum approved expense not exceeding £2,000 or such other amount as may be prescribed, or 50 per cent, or such other percentage as may be prescribed of the approved expense of executing the improvement works, whichever is the greater; or (ii) on completion of the works the house is in the opinion of the local authority likely to be available for use as a house for a period of less than 10 years, a maximum approved expense not exceeding £200 (or such other amount as may be prescribed) for each standard amenity provided, but subject to a maximum of £800 or such other amount as may be prescribed ;

;

• (b) by adding after the said subsection (3) a new subsection—

(3A) The power to prescribe amounts and percentages for the purposes of subsection (3) above includes power to prescribe different amounts and percentages for different cases and classes of cases.

.

Availability for long term use

69

Section 7 of the Housing (Scotland) Act 1974 shall be amended as follows—

• (a) after paragraph (1)(a) insert the word " and " ;

• (b) subsection (1)(c) and the word " and " which precedes it are repealed ; and

• (c) after subsection (1A) insert a new subsection as follows—

(1B) Paragraph (a) of subsection (1) above shall not apply where the house in respect of which application for a grant is made is not likely to be available for use as a house for a period of at least 10 years.

.

Abolition of power of Secretary of State to specify requirements in relation to repairs grants

70

In section 10A(2) of the Housing (Scotland) Act 1974 for the words from " such period " to the end there shall be substituted the words " as they consider reasonable " .

Grants for provision of fixed bath or shower

71

In section 14A of the Housing (Scotland) Act 1974, after subsection (1) there shall be inserted the following subsection—

(1A) In subsection (1) above, reference to a house-which does not meet the tolerable standard includes a reference to a house which does not have a fixed bath or shower and reference to executing works to bring it up to the tolerable standard includes reference to installing a fixed bath or shower.

.

Abolition of control over improvement orders

72

Section 14A(2) of the Housing (Scotland) Act 1974 is repealed.

Amendment of definition of " prescribed " in Housing (Scotland) Act 1974

73

The definition of "prescribed" in section 49(3) of the Housing (Scotland) Act 1974 shall be amended by inserting before " in relation to " the words " means prescribed by the Secretary of State and ".

Discretion of court in cases relating to instalment purchase agreements

74

• (1) Where, under the terms of an instalment purchase agreement, a person has been let into possession of a dwelling-house and, on the termination of the agreement or of his right to possession under it, proceedings are brought for possession of the dwelling-house, the court may—

• (a) adjourn the proceedings ; or

• (b) on making an order for possession of the dwelling-house, supersede extract or postpone the date of possession;

for such period or periods as the court thinks fit.

• (2) On any such adjournment, superseding of extract, or postponement the court may impose such conditions with regard to the payment by the person in possession in respect of his continued occupation of the dwelling-house and such other conditions as the court thinks fit.

• (3) The court may revoke or from time to time vary any condition imposed by virtue of this section.

• (4) In this section " instalment purchase agreement" means an agreement for the purchase of a dwelling-house under which the whole or part of the purchase price is to be paid in 3 or more instalments and the completion of the purchase is deferred until the whole or a specified part of the purchase price has been paid.

Abolition of Scottish Housing Advisory Committee

Abolition of Scottish Housing Advisory Committee

75

The Scottish Housing Advisory Committee established by section 167 of the Housing (Scotland) Act 1966 is abolished and accordingly—

• (a) section 167 of that Act is repealed ;

• (b) in section 91(1) of that Act the words " and after consultation with the Scottish Housing Advisory Committee " are repealed; and

• (c) in section 91(2) of that Act the words "and the said Committee " are repealed.

Amendment of sections 17 and 145 of Housing (Scotland) Act 1966

76

The Housing (Scotland) Act 1966 shall be amended as follows—

• (a) in section 17 (power to make closing orders with respect to underground rooms), in subsections (2)(b) and (3), the words " with the consent of the Secretary of State " shall cease to have effect;

• (b) in section 145 (powers of dealing with land etc.), in subsection (7)—

• (i) for the words " section 168 of the Local Government (Scotland) Act 1947 " there shall be substituted the words " section 74 of the Local Government (Scotland) Act 1973 " ;

• (ii) for the words from " Act of 1947 " to the words " that Act" there shall be substituted the words " Act of 1973 in the exercise of any power under Part VI of that Act " ;

• (iii) for the words " said section 168 " there shall be substituted the words " said section 74 " .

Duty of local authority to have regard to amenities of locality etc.

77

In fulfilling the duty imposed on it by section 177 of the Housing (Scotland) Act 1966 a local authority shall no longer require to have regard to directions made by the Secretary of State and accordingly, in the said section 177—

• (a) in subsection (1), the words from " artistic interest" to the end are repealed ; and

• (b) in subsection (2) the words ", and if required by the Secretary shall," and the words from ", and the authority " to the end are repealed.

Extension of rent allowances

78

Part II of the Housing (Financial Provisions) (Scotland) Act 1972 (Rent rebates and allowances) shall be amended as follows—

• (a) in subsection (4) of section 16 (rent allowances) by inserting at the beginning of paragraph (a) the words " a regional council, " ;

• (b) in section 16 by adding after subsection (7) the following subsections—

(8) Subsection (1) above and, in so far as they relate to rent allowances, sections 17 to 22 below shall, with any necessary modifications, apply in relation to a person who occupies any hostel accommodation as they apply in relation to a tenant to whom those provisions apply. (9) A person shall not be precluded from receiving an allowance under an allowance scheme by reason only that he does not have exclusive occupation of the house which he occupies.

;

• (c) in section 22(1) by inserting in the appropriate place the following definition—

• " hostel " means 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 food adequate to the needs of those persons, or both.

.

Board excluded in calculating rent allowances

79

Section 21(1)(b) of the 1972 Act shall be amended by inserting after the word " relates " the words " or for board ".

Extension of rent allowance scheme

80

In the definition of " housing association " in section 78 (interpretation) of the Housing (Financial Provisions) (Scotland) Act 1972 there shall be added at the end the words—

where under the terms of the tenancy agreement or of the agreement by which the tenant became a member of the association or otherwise he (or his personal representatives) will be entitled, on his ceasing to be a member and subject to any conditions stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the house.

.

Agreements for exercise by housing co-operatives of local authority housing functions

81

In making an agreement under section 5 of the Housing Rents and Subsidies (Scotland) Act 1975 for the exercise by a housing co-operative of local authority housing functions, a local authority shall no longer require to obtain the consent of the Secretary of State to the terms of the agreement and accordingly, in the said section 5—

• (a) in subsection (2) the words " and the terms of any agreement shall be approved by him " are repealed; and

• (b) in subsection (3) the words " and to the terms " are repealed.

PART VI — Supplementary

Interpretation of Parts I to III

82

In Parts I to III of this Act, except where provision is made to the contrary,

• " dwelling-house " means a house or part of a house used for human habitation, and includes land let in conjunction with a dwelling-house and outhouses and pertinents belonging to the dwelling-house or usually enjoyed therewith;

• " family " in relation to a tenant includes a person with whom he is living as man and wife;

• " landlord " means a person who lets a dwelling-house to a tenant for human habitation, and includes his successors in title;

• " secure tenancy " means a secure tenancy within the meaning of section 10 of this Act;

• " tenancy " means any agreement under which a dwelling-house is made available for occupation for human habitation, and " leases ". " let " and " lets " shall be construed accordingly;

• " tenant " means a person who leases a dwelling-house from a landlord and who derives his right therein directly from the landlord, and in the case of joint tenancies means all the tenants.

Service of notices

83

• (1) A notice or other document which requires to be served on a person under any provision of this Act may be given to him—

• (a) by delivering it to him ;

• (b) by leaving it at his proper address ; or

• (c) by sending it by recorded delivery post to him at that address.

• (2) For the purposes of this section and of section 7 of the Interpretation Act 1978 (references to service by post) in its application to this section, a person's proper address shall be his last known address.

Repeals

84

Subject to the transitional provisions contained in this Act, the enactments mentioned in Schedule 5 to this Act are repealed to the extent specified in the third column of that Schedule.

Public money

85

There shall be paid out of money provided by Parliament any increase attributable to this Act in any sums payable out of money so provided under any other enactment.

Citation, commencement and extent

86

• (1) This Act may be cited as the Tenants' Rights, Etc. (Scotland) Act 1980.

• (2) The Housing (Scotland) Acts 1966 to 1978 and this Act (except Part IV) may be cited together as the Housing (Scotland) Acts 1966 to 1980.

• (3) The Rent (Scotland) Acts 1971 to 1975 and Part IV of this Act, and this Part so far as it relates to the said Part IV, may be cited together as the Rent (Scotland) Acts 1971 to 1980.

• (4) This Act shall commence on a day appointed by the Secretary of State by order in a statutory instrument, and different days may be appointed for different provisions.

• (5) This Act applies to Scotland only.

SCHEDULE 1

Long leases

1

A tenancy shall not be a secure tenancy if it is for a period exceeding 20 years, whether or not it is (or may become) terminable before the end of that period by notice given by or to the tenant.

Premises occupied under contract of employment

2

• (1) A tenancy shall not be a secure tenancy if the tenant (or one of joint tenants) is an employee of the landlord, or of any local authority or development corporation and his contract of employment requires him to occupy the dwelling-house for the better performance of his duties.

• (2) In this paragraph " contract of employment" means a contract of service or of apprenticeship, whether express or implied, and (if it is express) whether it is oral or in writing.

Temporary letting to person seeking accommodation

3

A tenancy shall not be a secure tenancy if the dwelling-house was let by the landlord expressly on a temporary basis to a person moving into an area in order to take up employment there, and for the purpose of enabling him to seek accommodation in the area.

Temporary letting pending development

4

A tenancy shall not be a secure tenancy if the dwelling-house was let by the landlord to the tenant expressly on a temporary basis, pending development affecting the dwelling-house.

Temporary accommodation during works

5

A tenancy shall not be a secure tenancy if the dwelling-house is occupied by the. tenant while works are being carried out on the dwelling-house which he normally occupies as his home, and if he is entitled to return there after the works are completed—

• (a) by agreement; or

• (b) by virtue of an order of the sheriff under section 15(5) of this Act.

Accommodation for homeless persons

6

A tenancy shall not be a secure tenancy if the dwelling-house is being let to the tenant expressly on a temporary basis, in the fulfilment of a duty imposed on a housing authority by the Housing (Homeless Persons) Act 1977.

Agricultural and business premises

7

A tenancy shall not be a secure tenancy if the dwelling-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 exciseable liquor; or

• (d) is let in conjunction with any purpose mentioned in subparagraph (b) or (c) above.

SCHEDULE 2

PART I — 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) or any person residing or lodging with him or any sub-tenant of his has been convicted of using the dwelling-house or allowing it to be used for immoral or illegal purposes.

3

The condition of the dwelling-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 him or any sub-tenant of his; and in the case of acts of waste by, or the neglect or default of, a person lodging with a tenant or a sub-tenant of his the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

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 above), has deteriorated owing to ill-treatment by the tenant (or any one of joint tenants) or any person residing or lodging with him or any sub-tenant of his ; and in the case of ill-treatment by a person lodging with a tenant or a sub-tenant of his the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

5

The tenant and his spouse have been absent from the dwelling-house without reasonable cause for a continuous period exceeding six months or have ceased to occupy the dwelling-house as their principal home.

6

The landlord wishes to transfer the secure tenancy of the dwelling house to the spouse or former spouse of the tenant, or to a person with whom the tenant has been living as man and wife, where either the tenant or the spouse, former spouse or person aforesaid no longer wishes to live together with the other in the dwelling house, and the spouse, former spouse or person aforesaid has applied to the landlord for the transfer of the tenancy.

7

The tenant of the dwelling-house (or any one of joint tenants) or any person residing or lodging with him or any sub-tenant of his has been guilty of conduct in or in the vicinity of the dwelling-house which is a nuisance or annoyance and it is not reasonable in all the circumstances that the landlord should be required to make other accommodation available to him.

8

The tenant of the dwelling-house (or any one of joint tenants) or any person residing or lodging with him or any sub-tenant of his has been guilty of conduct in or in the vicinity of the dwelling-house which is a nuisance or annoyance and in the opinion of the landlord it is appropriate in the circumstances to require the tenant to move to other accommodation.

9

The dwelling-house is overcrowded, within the meaning of section 89 of the Housing (Scotland) Act 1966, in such circumstances as to render the occupier guilty of an offence.

10

The landlord intends 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 dwelling-house, and it cannot reasonably do so without obtaining possession of the dwelling-house.

11

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

• (a) there is no longer a person with such special needs occupying the dwelling-house ; and

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

12

The dwelling-house forms part of a group of dwelling-houses which has been designed, or which has been provided with or located near facilities, for persons in need of special social support, and—

• (a) there is no longer a person with such a need occupying the dwelling-house; and

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

13

The landlord is a housing association which has as its object, or as one of its objects, the housing of persons who are in a special category by reason of age, infirmity, disability or social circumstances and the tenant (or one of joint tenants), having been granted a tenancy as a person falling into such a special category, has ceased to be in the special category, or for other reasons the accommodation in the dwelling house is no longer suitable for his needs, and the accommodation is required for someone who is in a special category.

14

The interest of the landlord in the dwelling 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 possesion.

PART II — Suitability of Accommodation

1

For the purposes of sections 15 and 20 of this Act, accommodation is suitable if—

• (a) it consists of premises which are to be let as a separate dwelling under a secure tenancy or under a protected tenancy within the meaning of the Rent (Scotland) Act 1971 ; and

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

2

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

• (a) its proximity to the place of work (including attendance at an educational institution) of the tenant and of other members of his family, compared with his existing dwelling-house ;

• (b) . the extent of the accommodation required by the tenant and his family ;

• (c) the character of the accommodation offered compared to his existing dwelling-house ;

• (d) the terms on which the accommodation is offered to the tenant compared with the terms of his 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 his family ;

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

3

M the landlord has made an offer in writing to the tenant of new accommodation which complies with paragraph 1(a) above 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 shall be 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 he acted reasonably in failing to accept the offer.

SCHEDULE 3

1

A secure tenant who wishes to assign, sublet or otherwise give up to another person possession of the dwelling-house which is the subject of the secure tenancy or any part thereof or take in a lodger shall serve on the landlord an application in writing for the landlord's consent, giving details of the proposed transaction, and in particular of any payment which has been or is to be received by the tenant in consideration of the transaction.

2

In relation to an application under paragraph 1 above, the landlord may consent, or may refuse his consent, provided that he may not refuse his consent unreasonably.

3

• (a) The landlord shall serve on the tenant notice in writing of his consent or refusal, and in the case of refusal the reasons therefor, within one month of receipt of the application.

• (b) where the landlord fails to serve a notice in accordance with paragraph (a) above within the period therein mentioned, he shall be deemed to have consented to the application.

4

A tenant who is aggrieved by a refusal (other than a refusal on the grounds provided for ill section 21(2) of this Act) may raise proceedings by summary application in the sheriff court of the district in which the dwelling-house is situated.

5

In proceedings under paragraph 4 above, the sheriff shall order the landlord to consent to the application unless it appears to him that the refusal is reasonable.

6

In deciding whether a refusal is reasonable the sheriff shall have regard in particular to—

• (a) whether the consent would lead to overcrowding of the dwelling-house in such circumstances as to render the occupier guilty of an offence under section 89 of the Housing (Scotland) Act 1966 ; and

• (b) whether the landlord proposes to carry out works on the dwelling-house or on the building of which it forms part so that the proposed works will affect the accommodation likely to be used by the sub-tenant or lodger who would reside in the dwelling-house as a result of the consent.

SCHEDULE 4

1

A secure tenant who wishes to carry out work shall serve on the landlord an application in writing for the landlord's consent, giving details of the work proposed to be carried out.

2

In relation to an application under paragraph 1 above, the landlord may—

• (a) consent;

• (b) refuse his consent, provided that he may not refuse his consent unreasonably; or

• (c) consent subject to such reasonable conditions as he may impose.

3

• (a) The landlord shall intimate his consent or refusal, and any conditions imposed, and in the case of refusal the reasons therefor, to the tenant in writing within one month of receipt of the application.

• (b) in the event that the landlord fails to make intimation in accordance with paragraph (a) above within the period therein mentioned, he shall be deemed to have consented to the application.

4

A tenant who is aggrieved by a refusal, or by any condition imposed under paragraph 2(c) above may raise proceedings by summary application in the sheriff court of the district in which the dwelling-house is situated.

5

In proceedings under paragraph 4 above, the sheriff shall order the landlord to consent to the application or, as the case may be, to withdraw the condition unless it appears to him that the refusal or condition is reasonable.

6

In deciding whether a refusal or a condition is reasonable the sheriff shall have regard in particular to—

• (a) the safety of occupiers of the dwelling-house or of any other premises;

• (b) any expenditure which the landlord is likely to incur as a result of the work ;

• (c) whether the work is likely to reduce the value of the dwelling house or of any premises of which it forms part, or to make the dwelling-house or such premises less suitable for letting or for sale ; and

• (d) any effect which the work is likely to have on the extent of the accommodation provided by the dwelling-house.

SCHEDULE 5