Housing (Scotland) Act 2001

PART 1 HOMELESSNESS AND ALLOCATION OF HOUSING

1 Homelessness strategies

2 Advice on homelessness etc.

3 Homeless persons and persons threatened with homelessness

4 Review of decisions

5 Duty of registered social landlord to provide accommodation

6 Duty of registered social landlord: further provision

7 Persons living in hostel and other short-term accommodation

8 Common housing registers

9 Housing lists

10 Allocation of housing

PART 2 TENANTS OF SOCIAL LANDLORDS

CHAPTER 1 SCOTTISH SECURE TENANCIES

Creation and termination of tenancy

11 Scottish secure tenancy

12 Restriction on termination of tenancy

13 Termination of joint tenant’s interest in tenancy

14 Proceedings for possession

15 Rights of qualifying occupiers in possession proceedings

16 Powers of court in possession proceedings

17 Abandoned tenancies

18 Repossession

19 Tenant’s recourse to court

20 Abandonment by joint tenant

21 Joint tenancies: abandoning tenant’s recourse to court

22 Succession to Scottish secure tenancy

Tenancy agreement and information

23 Tenant’s right to written tenancy agreement and information

24 Restriction on variation of tenancy

25 Increase in rent or charges

26 Variation of tenancy by court order

Repairs and improvements

28 Landlord’s consent to work

29 Reimbursement of cost of work

30 Right to compensation for improvements

31 Effect of work on rent

Assignation, subletting and exchanges

32 Assignation, subletting etc.

33 Exchange of house

Short Scottish secure tenancies

34 Short Scottish secure tenancies

35 Conversion to short Scottish secure tenancy

36 Recovery of possession

37 Conversion to Scottish secure tenancy

Miscellaneous and general

39 Application of sections 23 to 33 to other tenancies

41 Interpretation of Chapter 1

CHAPTER 2 RIGHT TO BUY

42 The qualifying conditions

43 Exemptions from right to buy

44 Limitation on right to buy: registered social landlords

45 Limitation on right to buy: pressured areas

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

47 Limitation on right to buy: conduct

48 Houses liable to demolition

50 Assistance to tenants to obtain other accommodation

51 Right to buy: miscellaneous repeals

52 Reports on right to buy

CHAPTER 3 TENANT PARTICIPATION

53 Tenant participation

54 Consultation with tenants and registered tenant organisations

55 Tenant management agreements

56 Tenant management agreements: further provision

PART 3 REGULATION OF SOCIAL LANDLORDS

CHAPTER 1 REGISTERED SOCIAL LANDLORDS

57 The register of social landlords

58 Eligibility for registration

59 Registration

60 Removal from the register

61 Criteria for registration or removal from register

62 Appeal against decision on registration or removal

63 Regulation of registered social landlords

64 Insolvency etc. of registered social landlords

Disposal of land and related matters

65 Power of registered social landlord to dispose of land

66 Consent required for disposal of land by registered social landlord

67 Disposals not requiring consent

68 Disposals of land: consultation with tenants

Delegation of functions

68APower to direct certain registered social landlords to delegate functions

Housing management

70 Inspection reports

71 Appointment of manager

CHAPTER 2 LOCAL AUTHORITY HOUSING MANAGEMENT

73 Inspection reports

74 Remedial plans

75 Remedial plans: appointment of manager

CHAPTER 3 COMMON PROVISIONS

Disposals of tenanted houses: consultation and consent

76 Disposals of tenanted houses: consultation and consent

77 Power to obtain information

78 Power to obtain information: further provision

79 Issue of guidance by the Scottish Ministers

Code of good practice

80 Code of good practice

Charges for regulatory functions

81 Charges for regulatory functions of the Scottish Ministers

CHAPTER 4 INTERPRETATION OF PART 3

82 Meaning of “subsidiary” and “associate”

83 Interpretation of Part 3

PART 4 SCOTTISH HOMES

84 Transfer of functions to the Scottish Ministers

85 Property and liabilities

86 Transfer of staff

87 Dissolution etc.

PART 5 STRATEGIC HOUSING FUNCTIONS

The Scottish Ministers

88 Statement on fuel poverty

Local authorities

89 Local housing strategies

90 Grants for housing purposes

91 Grants for housing support services

92 Assistance for housing purposes

93 Assistance for housing purposes: further provision

94 Alteration of housing finance arrangements

Meaning of “fuel poverty”

95 Meaning of “fuel poverty”

PART 6 GRANTS FOR IMPROVEMENT, REPAIRS ETC.

Improvement grants

96 Extension of power to make improvement grants

97 Application for grant

98 Age of buildings eligible for grant

99 Applicant’s contribution to expense of works

100 Approval of application

101 Amount of grant

102 Improvement grants: the tolerable standard and standard amenities

103 Amount of repairs grant

Fire escape grants

104 Grants for means of escape from fire

Improvement of energy efficiency and safety

105 Improvement of energy efficiency and safety

PART 7 MISCELLANEOUS AND GENERAL

106 Equal opportunities

107 Local authority maintenance of houses etc. of registered social landlord

108 Meaning of “family” and “spouse”: cohabitation

109 Orders and regulations

110 Ancillary provision

111 Interpretation

112 Modification of enactments

113 Commencement and short title

SCHEDULE 1 TENANCIES WHICH ARE NOT SCOTTISH SECURE TENANCIES

1Premises occupied under contract of employment

2Police and fire service accommodation

3Lettings to students

4Temporary accommodation during work

5Accommodation for homeless persons

6Accommodation for offenders

7Shared ownership agreements

8Agricultural and business premises

9Houses part of, or within curtilage of, certain other buildings

10Accommodation in property not owned by landlord

11Accommodation for persons with Temporary Protection

SCHEDULE 2 SCOTTISH SECURE TENANCY: GROUNDS FOR RECOVERY OF POSSESSION OF HOUSE

PART 1 GROUNDS ON WHICH COURT MAY ORDER RECOVERY OF POSSESSION

1Rent lawfully due from the tenant has not been paid,...

2The tenant (or any one of joint tenants), a person...

3(1) The condition of the house or of any of...

4The condition of any furniture provided for use under the...

5The tenant and— (a) the tenant’s spouse or civil partner...

6The tenant is the person, or one of the persons,...

7(1) The tenant (or any one of joint tenants), a...

8(1) The tenant (or any one of joint tenants) or...

9The house is overcrowded, within the meaning of section 135...

10(1) It is intended within a reasonable period of time...

11The house has been designed or adapted for occupation by...

12The house forms part of a group of houses which...

13The interest of the landlord in the house is that...

14The landlord is Orkney Islands Council, Shetland Islands Council or...

15The landlord wishes to transfer the tenancy of the house...

PART 2 SUITABILITY OF ACCOMMODATION

16For the purposes of sections 16(4), 19(5), 21(5) and 22(7),...

17In determining whether accommodation is reasonably suitable to the needs...

18If the landlord has made an offer in writing to...

SCHEDULE 3 SUCCESSION TO SCOTTISH SECURE TENANCY: QUALIFIED PERSONS

1Qualified persons

2(1) A person whose only or principal home at the...

3A member of the tenant’s family aged at least 16...

4A carer providing, or who has provided, care for the...

5Special rule: specially adapted house

6Order of succession

7If the tenancy does not pass to a qualified person...

8If the tenancy does not pass to a qualified person...

9Where there is more than one qualified person falling within...

10Notification of right to succeed to tenancy

11Declining a tenancy

12Qualified persons: co-operative housing associations

SCHEDULE 4 SCOTTISH SECURE TENANCY: LANDLORD’S REPAIRING OBLIGATIONS

1The landlord in a Scottish secure tenancy must—

2The landlord must, before the commencement of the tenancy—

3The landlord must— (a) ensure that any work necessary to...

4The landlord, or any person authorised by it in writing,...

5(1) In determining for the purposes of paragraph 1 whether...

6In paragraph 5, “sanitary defects” includes lack of air space...

SCHEDULE 5 SCOTTISH SECURE TENANCY: ALTERATIONS, ASSIGNATION, SUBLETTING, EXCHANGE ETC.

PART 1 ALTERATIONS ETC. TO HOUSE

1A tenant under a Scottish secure tenancy who wishes to...

2The landlord may— (a) consent, (b) consent subject to such...

3The conditions which may be imposed under paragraph 2(b) include...

4The landlord must intimate its consent or refusal, any conditions...

5If the landlord fails to comply with paragraph 4, it...

6A tenant who is aggrieved by a refusal, or by...

7In such proceedings the court must, unless it considers that...

8In deciding whether a refusal or a condition is reasonable...

PART 2 ASSIGNATION, SUBLETTING, EXCHANGE ETC.

9A tenant under a Scottish secure tenancy who, in pursuance...

10A tenant under a Scottish secure tenancy who, in pursuance...

11On an application under paragraph 9 or 10 the landlord...

12The landlord must intimate its consent or refusal and, in...

13If the landlord fails to comply with paragraph 12, it...

14A tenant who is aggrieved by a refusal may raise...

15In such proceedings the court must, unless it considers that...

SCHEDULE 6 GROUNDS FOR GRANTING SHORT SCOTTISH SECURE TENANCY

1Previous anti-social behaviour

2Anti-social behaviour order

3Temporary letting to person seeking accommodation

4Temporary letting pending development

5Accommodation for homeless persons

6Accommodation for person requiring housing support services

7Accommodation in property not owned by landlord

SCHEDULE 7 REGULATION OF REGISTERED SOCIAL LANDLORDS

PART 1 CONTROL OF PAYMENTS TO MEMBERS ETC.

1Payments by way of gift, dividend or bonus

2Payments and benefits to officers and employees etc.

3Maximum amounts payable by way of fees, expenses, etc.

PART 2 CONSTITUTION, CHANGE OF RULES, AMALGAMATION AND DISSOLUTION

4General power to remove director, trustee etc.

5Industrial and provident society: power to appoint new committee member

6Company: power to appoint new director

7Change of rules etc. by industrial and provident society

8Change of memorandum or articles of association of company

9Amalgamation and dissolution etc. of industrial and provident society

10Arrangement, reconstruction etc. of company

11Power of the Scottish Ministers to petition for winding up

12Transfer of net assets on dissolution or winding up

PART 3 ACCOUNTS AND AUDIT

13General requirements as to accounts and audit

14Appointment of auditors by industrial and provident societies

15Responsibility for securing compliance with accounting requirements

PART 4 INQUIRY INTO AFFAIRS OF REGISTERED SOCIAL LANDLORDS

17Extraordinary audit for purposes of inquiry

18General powers exercisable as a result of inquiry or audit

19Power to direct transfer of land

SCHEDULE 8 INSOLVENCY ETC. OF REGISTERED SOCIAL LANDLORDS

1Interpretation

2Initial notice to be given to the Scottish Ministers

3Further notice to be given to the Scottish Ministers

4Moratorium on disposal of land etc.

5Period of moratorium

6Proposals as to ownership and management of landlord’s land

7Effect of agreed proposals

8Appointment of manager to implement agreed proposals

9Powers of the manager

10Powers of the manager: transfer of engagements

11Assistance by the Scottish Ministers

12Application to court to secure compliance with agreed proposals

SCHEDULE 9 CONSULTATION BEFORE CERTAIN DISPOSALS BY LOCAL AUTHORITY LANDLORD OR REGISTERED SOCIAL LANDLORD

1Disposals to which this schedule applies

2Application for consent of the Scottish Ministers

3Requirements as to consultation

4Power to require further consultation

5Consent to be withheld unless majority of tenants in favour

6Protection of purchasers

SCHEDULE 10 MODIFICATION OF ENACTMENTS

1New Towns (Scotland) Act 1968 (c.16)

2Friendly and Industrial and Provident Societies Act 1968 (c.55)

3Land Compensation (Scotland) Act 1973 (c.56)

4Land Tenure Reform (Scotland) Act 1974 (c.38)

5House of Commons Disqualification Act 1975 (c.24)

6Local Government (Scotland) Act 1975 (c.30)

7Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59)

8Finance Act 1981 (c.35)

9Rent (Scotland) Act 1984 (c.58)

10Bankruptcy (Scotland) Act 1985 (c.66)

11Housing Associations Act 1985 (c.69)

12Housing (Scotland) Act 1986 (c.65)

13Housing (Scotland) Act 1987 (c.26)

14Housing (Scotland) Act 1988 (c.43)

15Housing Act 1988 (c.50)

16Local Government and Housing Act 1989 (c.42)

17Social Security Administration Act 1992 (c.5)

18Taxation of Chargeable Gains Act 1992 (c.12)

19Local Government Finance Act 1992 (c.14)

20Leasehold Reform, Housing and Urban Development Act 1993 (c.28)

21Local Government etc. (Scotland) Act 1994 (c.39)

22Requirements of Writing (Scotland) Act 1995 (c.7)

23Children (Scotland) Act 1995 (c.36)

24Housing Act 1996 (c.52)

25Planning (Consequential Provisions) (Scotland) Act 1997 (c.11)

26Data Protection Act 1998 (c.29)

27Crime and Disorder Act 1998 (c.37)

28Public Finance and Accountability (Scotland) Act 2000 (asp 1)

29Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

Royal arms

Housing (Scotland) Act 2001

2001 asp 10

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 13th June 2001 and received Royal Assent on 18th July 2001

An Act of the Scottish Parliament to make provision about housing, including provision about homelessness and the allocation of housing accommodation by social landlords, the tenants of social landlords, the regulation of social landlords, Scottish Homes, the strategic housing functions of the Scottish Ministers and local authorities and grants for improvement and repairs; and for connected purposes.