Housing (Scotland) Act 2006

Enforcement of repairing standard S

21 Naming of panel and re-naming of committees S

(1) The panel constituted under Schedule 4 of the Rent (Scotland) Act 1984 (c. 58) is to be known as the private rented housing panel.

(2) Rent assessment committees constituted in accordance with that Schedule are to be known as private rented housing committees.

(3) The panel, [F1 the members of the panel,] the president of the panel and those committees are—

(a) to continue to exercise the functions conferred on them by virtue of Part 5 of the Rent (Scotland) Act 1984 (c. 58) and Part 2 of the Housing (Scotland) Act 1988 (c. 43), and

(b) in addition, to exercise the functions conferred on them by this Act.

(4) It is for the president to monitor

[F2 (a) the exercise by those committees of the functions conferred on them by this Act.]

[F3 (b) the exercise by members of the panel of the functions conferred on them under sections 28A and 28C.]

(5) Those committees must comply with any direction, and have regard to any guidance, given by the president in connection with the exercise of those functions.

(6) But the president may not give any such direction in relation to a particular case.

(7) Directions or guidance given under subsection (5) may be varied or revoked at any time.

(8) The president's functions under this Act may, where the president is absent or incapacitated, be exercised by the vice-president of the panel.

[F4 (8A) The president may delegate the president's functions under section 23 to—

(a) the vice-president of the panel, or

(b) such other member of the panel as the president thinks fit.

(8B) A delegation under subsection (8A) does not affect the president's—

(a) responsibility for the carrying out of delegated functions, or

(b) ability to carry out delegated functions.]

(9) Any reference to the panel or to any of those committees in any enactment or instrument is to be construed in accordance with subsection (1) or, as the case may be, (2).

Textual Amendments

F1 Words in s. 21(3) inserted (1.12.2015) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 35(2)(a), 41(3); S.S.I. 2015/326, art. 2(3)

F2 Words in s. 21(4) renumbered as s. 21(4)(a) (1.12.2015) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 35(2)(b)(i), 41(3); S.S.I. 2015/326, art. 2(3)

F3 S. 21(4)(b) inserted (1.12.2015) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 35(2)(b)(ii), 41(3); S.S.I. 2015/326, art. 2(3)

F4 S. 21(8A)(8B) inserted (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), ss. 96(1), 104(3); S.S.I. 2014/264, art. 2, Sch.

22 [F5 Application in respect of the repairing standard] S

(1) A tenant may apply to the private rented housing panel for determination of whether the landlord has failed to comply with the duty imposed by section 14(1)(b).

[F6 (1A) A person mentioned in subsection (1B) may apply to the private rented housing panel for determination of whether a landlord has failed to comply with the duty imposed by section 14(1)(b) (a person who makes such an application being referred to as a “third party applicant”).

(1B) The persons are—

(a) a local authority,

(b) a person specified by order made by the Scottish Ministers.]

(2) An application under subsection [F7 (1) or (1A) must set out the tenant's, or as the case may be, the third party applicant's] reasons for considering that the landlord has failed to comply with that duty.

(3) No [F8 application under this section may be made unless the person making the application] has notified the landlord that work requires to be carried out for the purpose of complying with that duty.

(4) No [F9 application under this section] may be made where the landlord is—

(a) a local authority landlord (within the meaning of the Housing (Scotland) Act 2001 (asp 10)),

(b) a registered social landlord (being a body registered in the register maintained under [F10 section 20(1) of the Housing (Scotland) Act 2010 (asp 17)]),

F11 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) Scottish Water.

[F12 (4A) The tenant of the house concerned is entitled to be a party in the determination of any application made under subsection (1A).]

(5) Schedule 2 makes further provision about the procedure for making and determining an application under this section.

F13 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 22 heading substituted (1.12.2015) by virtue of Housing (Scotland) Act 2014 (asp 14), ss. 25(2), 104(3); S.S.I. 2015/349, art. 3, sch.

F6 S. 22(1A)(1B) inserted (1.12.2015 for specified purposes, 1.4.2016 for specified purposes, 1.6.2016 in so far as not already in force) by Housing (Scotland) Act 2014 (asp 14), ss. 25(1)(a), 104(3); S.S.I. 2015/349, art. 3, sch.

F7 Words in s. 22(2) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(1)(b), 104(3); S.S.I. 2015/349, art. 3, sch.

F8 Words in s. 22(3) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(1)(c), 104(3); S.S.I. 2015/349, art. 3, sch.

F9 Words in s. 22(4) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(1)(d), 104(3); S.S.I. 2015/349, art. 3, sch.

F10 Words in s. 22(4)(b) substituted (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), Sch. 2 para. 14; S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)

F11 S. 22(4)(c) repealed (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), Sch. 2 para. 17(a); S.S.I. 2014/264, art. 2, Sch.

F12 S. 22(4A) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(1)(e), 104(3); S.S.I. 2015/349, art. 3, sch.

F13 S. 22(6) repealed (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), Sch. 2 para. 17(b); S.S.I. 2014/264, art. 2, Sch.

Commencement Information

I1 S. 22 wholly in force at 3.9.2007; s. 22 not in force at Royal Assent see s. 195(3); s. 22(5) in force for certain purposes at 4.12.2006 by S.S.I. 2006/569, art. 2; s. 22 in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

[F14 22A Information to be given to local authority S

(1) On receipt of an application under section 22(1) [F15 , or under section 22(1A) where the applicant is not a local authority] , the private rented housing panel must provide the information mentioned in subsection (2) to the local authority for the area in which the house concerned is situated for the purpose of the local authority maintaining the register under section 82(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8).

(2) The information is—

(a) the address of the house concerned,

(b) the name of the landlord of the house (if known),

(c) the landlord's address (if known),

(d) the landlord registration number of the landlord (if known), and

(e) the name and address (if known) of any person who acts as agent for the landlord.]

Textual Amendments

F14 S. 22A inserted (1.4.2013) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 11, 41(3); S.S.I. 2013/82, art. 2(1), sch.

F15 Words in s. 22A(1) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(3), 104(3); S.S.I. 2015/349, art. 3, sch.

23 Referral to private rented housing committee S

(1) The president of the private rented housing panel must decide whether to—

(a) refer an application under section 22(1) [F16 or 22(1A)] to a private rented housing committee, or

(b) reject the application.

(2) The president may reject an application only if the president considers—

(a) that it is vexatious or frivolous,

(b) where the tenant [F17 or third party applicant] has previously made an identical or substantially similar application in relation to the same house, that there has not been a reasonable period of time between the applications, or

(c) that the dispute to which the application relates has been resolved.

(3) The president must make a decision under subsection (1)—

(a) within 14 days of the panel's receipt of the application concerned, or

(b) where the president considers—

(i) that the decision cannot be made without further information, or

(ii) that there is a reasonable prospect of the dispute being resolved by the parties,

by such later date as the president considers reasonable.

(4) The president must, as soon as practicable after rejecting an application [F18 under section 22(1)] give notice of the rejection—

(a) to the tenant, and

(b) where the president is aware of the name and address of a person who acts for the tenant in relation to the application, to that person.

[F19 (4A) The president must, as soon as practicable after rejecting an application under section 22(1A) give notice of the rejection to—

(a) the third party applicant, and

(b) the tenant.]

(5) [F20 A notice under subsection (4) or (4A)] must—

(a) set out the reasons for the rejection, and

(b) explain the procedure for appealing against it.

Textual Amendments

F16 Words in s. 23(1) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(a), 104(3); S.S.I. 2015/349, art. 3, sch.

F17 Words in s. 23(2)(b) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(b), 104(3); S.S.I. 2015/349, art. 3, sch.

F18 Words in s. 23(4) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(c), 104(3); S.S.I. 2015/349, art. 3, sch.

F19 S. 23(4A) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(d), 104(3); S.S.I. 2015/349, art. 3, sch.

F20 Words in s. 23(5) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(e), 104(3); S.S.I. 2015/349, art. 3, sch.

24 Determination by private rented housing committee S

(1) The private rented housing committee to which [F21 an application under section 22(1) or (1A)] is referred must decide whether the landlord has complied with the duty imposed by section 14(1)(b).

(2) Where the committee decide that the landlord has failed to comply with that duty, they must by order (a “repairing standard enforcement order”) require the landlord to carry out such work as is necessary for the purposes of ensuring—

(a) that the house concerned meets the repairing standard, and

(b) that any damage caused by the carrying out of any work in pursuance of that duty or the order is made good.

(3) A repairing standard enforcement order must specify the period within which the work required by the order must be completed.

(4) The period so specified must be the period beginning with the date from which the order has effect within which the committee reasonably consider that the work required can be completed (but must not, in any case, be a period of less than 21 days).

(5) A repairing standard enforcement order may specify particular steps which the committee require the landlord to take in complying with the order.

(6) Where the committee are prevented by reason only of section 16(4) from deciding that a landlord has failed to comply with the duty imposed by section 14(1)(b), the committee must serve notice on the local authority stating that they consider the landlord to be unable to comply with that duty.

(7) Where the sheriff has made an order under section 18(1) in relation to a tenancy—

(a) the committee must, when determining whether the landlord has failed to comply with the duty imposed by section 14(1)(b), treat sections 14, 15 and 17 as having been modified or excluded in the manner described in the sheriff's order,

(b) a repairing standard enforcement order may not require the carrying out of any work which the duty imposed by section 14(1)(b) does not, because of that modification or exclusion, require to be carried out.

Textual Amendments

F21 Words in s. 24(1) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(5), 104(3); S.S.I. 2015/349, art. 3, sch.

25 Variation and revocation of repairing standard enforcement orders S

(1) The private rented housing committee which made a repairing standard enforcement order may, at any time—

(a) vary the order in such manner as they consider reasonable, or

(b) where they consider that the work required by the order is no longer necessary, revoke it.

(2) Where subsection (3) applies, the committee must vary the repairing standard enforcement order in question—

(a) so as to extend, or further extend, the period within which the work required by the order must be completed, and

(b) in such other manner as they think fit.

(3) This subsection applies where—

(a) the committee consider, on the submission of the landlord or otherwise, that the work required by a repairing standard enforcement order has not been, or will not be, completed during the period within which the order requires the work to be completed, and

(b) the committee—

(i) consider that satisfactory progress has been made in carrying out the work required, or

(ii) have received a written undertaking from the landlord stating that the work required will be completed by a later date which the committee consider satisfactory.

(4) References in this Act (including this section) to a repairing standard enforcement order or to work required by such an order are, where the order has been varied under this section, to be treated as references to the order as so varied or, as the case may be, to work required by the order as so varied.

26 Effect of failure to comply with repairing standard enforcement order S

(1) It is for the private rented housing committee to decide whether a landlord has complied with a repairing standard enforcement order made by the committee.

(2) Where the committee decide that a landlord has failed to comply with the repairing standard enforcement order, the committee must—

(a) serve notice of the failure on the local authority, and

(b) decide whether to make a rent relief order.

(3) The committee may not decide that a landlord has failed to comply with a repairing standard enforcement order—

(a) unless the period within which the order requires the work to be completed has ended, or

(b) if the committee are satisfied, on the submission of the landlord or otherwise—

(i) that the landlord is unable to comply with the order because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or

(ii) that the work required by the order is likely to endanger any person.

(4) Where the committee are prevented by reason only of subsection (3)(b) from deciding that a landlord has failed to comply with a repairing standard enforcement order, the committee must serve notice on the local authority stating that they consider the landlord to be unable to comply with the repairing standard enforcement order.

27 Rent relief orders S

(1) A rent relief order is an order by a private rented housing committee which reduces any rent payable under the tenancy in question by such amount (not exceeding 90% of the rent which would, but for the order, be payable) as may be specified in the order.

(2) A private rented housing committee may make a rent relief order only where they have decided that a landlord has failed to comply with a repairing standard enforcement order which has effect in relation to the house concerned.

(3) A rent relief order does not affect the terms or validity of the tenancy to which it relates (otherwise than by reducing the rent payable under the tenancy).

(4) The committee may decide to revoke a rent relief order at any time; and the committee must decide to do so if—

(a) the repairing standard enforcement order to which the rent relief order relates is revoked, or

(b) a certificate is granted under section 60 in relation to the work required by that repairing standard enforcement order.

(5) The revocation of a rent relief order does not make a tenant liable to pay any rent which the tenant would, but for the rent relief order, have been liable to pay under the tenancy while the rent relief order had effect.

28 The repairing standard: offences S

(1) A landlord who, without reasonable excuse, fails to comply with a repairing standard enforcement order commits an offence.

(2) For the purposes of subsection (1), a landlord has reasonable excuse for failing to comply with a repairing standard enforcement order if—

(a) the landlord is unable to comply with the order because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or

(b) the work required by the order is likely to endanger any person.

(3) Subsection (2) does not affect the generality of the defence of reasonable excuse.

(4) A landlord cannot be guilty of an offence under subsection (1) unless the private rented housing committee which made the repairing standard enforcement order in question has decided that the landlord has failed to comply with it (but such a decision does not establish a presumption that the landlord has committed an offence under subsection (1)).

(5) A landlord commits an offence if the landlord enters into a tenancy or occupancy arrangement in relation to a house at any time during which a repairing standard enforcement order has effect in relation to the house.

(6) A landlord does not commit an offence under subsection (5) if the private rented housing committee which made the order has consented to the landlord entering into the tenancy or occupancy arrangement.

(7) A landlord who is guilty of an offence under subsection (1) or (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F22 28A Landlord application to private rented housing panel S

(1) A landlord may apply to the private rented housing panel for assistance under section 28C in exercising the landlord's right of entry to the house concerned under section 181(4).

(2) The president of the panel must allocate an application under subsection (1) to an individual member of the panel, and may subsequently reallocate it at any time to another individual member of the panel (the member to whom it is, for the time being, allocated being referred to as “the panel member”).

(3) The panel member must decide whether—

(a) to assist the landlord in exercising the landlord's right of entry to the house concerned under section 181(4) in accordance with section 28C, or

(b) to reject the application (and notify the landlord accordingly).

(4) The panel member may require the landlord to produce such further information as the panel member considers necessary to reach a decision on the application.

(5) Where the panel member decides to assist the landlord under subsection (3)(a) the panel member must send the landlord and the tenant a notice—

(a) indicating that—

(i) the panel member has decided to assist the landlord, and

(ii) the panel member will be seeking to arrange a suitable time for the landlord to exercise the landlord's right of entry under section 181(4), and

(b) informing the tenant of the tenant's right under subsection (6).

(6) A tenant may, within the period of 14 days beginning with the date of receipt of a notice under subsection (5) (or such longer period as the panel member considers appropriate in the circumstances), make representations to the panel member as to why it is inappropriate or unnecessary for the landlord to exercise the landlord's right of entry under section 181(4) at that time.

(7) Where representations are made by the tenant under subsection (6), the panel member—

(a) may make such further enquiries of the landlord and tenant as the panel member considers appropriate, and

(b) must decide whether to—

(i) continue to assist the landlord, or

(ii) stop assisting the landlord.

(8) A decision—

(a) to reject an application under subsection (3),

(b) of the panel member under subsection (7),

(c) by the panel member to stop acting in accordance with section 28C(9),

is final.

(9) No application may be made under subsection (1) where the landlord is—

(a) a local authority landlord (within the meaning of the Housing (Scotland) Act 2001 (asp 10)),

(b) a registered social landlord (being a body registered in the register maintained under section 57 of that Act), or

(c) Scottish Water.

Textual Amendments

F22 Ss. 28A-28C inserted (22.9.2015 for specified purposes, 1.12.2015 in so far as not already in force) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 35(4), 41(3); S.S.I. 2015/326, art. 2(2)(b)(3)

28B Landlord application to private rented housing panel: further provision S

(1) The Scottish Ministers may by regulations make further provision about the making or deciding of applications under section 28A.

(2) Those regulations may, in particular, make provision—

(a) about the form and content of applications and notices,

(b) prescribing a fee to accompany applications,

(c) specifying circumstances when the panel member must decide to reject an application or stop assisting a landlord,

(d) about the procedure for—

(i) making decisions under section 28A(3) or (7),

(ii) giving notice under section 28A(5),

(iii) making representations under section 28A(6).

(3) In this section, “the panel member” means the member of the private rented housing panel to whom the case has been allocated under section 28A(2).

Textual Amendments

F22 Ss. 28A-28C inserted (22.9.2015 for specified purposes, 1.12.2015 in so far as not already in force) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 35(4), 41(3); S.S.I. 2015/326, art. 2(2)(b)(3)

28C Panel member to arrange suitable time for access S

(1) Subsection (2) applies where the panel member has decided to assist the landlord under section 28A(3)(a).

(2) The panel member must liaise with the landlord and the tenant with a view to agreeing a suitable date and time (or dates and times) for the landlord to exercise the landlord's right of entry under section 181(4).

(3) Subsection (4) applies if the tenant (without reasonable excuse) has failed or refused, within a reasonable time, to—

(a) respond to the panel member, or

(b) agree a suitable date and time (or dates and times) for the landlord to exercise the landlord's right of entry under section 181(4).

(4) The panel member may fix a date and time (or dates and times) for the landlord to exercise the landlord's right of entry to the house under section 181(4).

(5) Where a date and time has been agreed under subsection (2), the panel member may, on the request of either the landlord or the tenant and where there are reasonable grounds for doing so, liaise with the parties with a view to agreeing a different date and time (or dates and times) for the landlord to exercise the landlord's right of entry under section 181(4).

(6) The panel member must as soon as reasonably practicable notify the landlord and tenant of any date and time (or dates and times) agreed or fixed under this section for the landlord to exercise the landlord's right of entry under section 181(4).

(7) When notifying the parties of the date and time (or dates and times) agreed or fixed under this section, the panel member must also—

(a) provide the tenant with information about the action that the panel member may take under section 182 if the tenant refuses the landlord's exercise of the landlord's right of entry to the house under section 181(4), and

(b) inform both parties that the panel member (or a person authorised by the panel member) may be requested to attend when the landlord exercises such right of entry.

(8) The panel member may, at the request of the landlord or the tenant, attend at the house at the time agreed or fixed for the landlord to exercise the landlord's right of entry under section 181(4).

(9) The panel member may, at any time, stop assisting the landlord under this section if the panel member considers it appropriate to do so.

(10) The panel member may—

(a) authorise a person (other than the landlord or a representative of the landlord) to exercise any function conferred on the panel member under this section, or

(b) arrange for any such function to be carried out by another panel member.

(11) The Scottish Ministers may by regulations make further provision about the action the panel member is to take under this section.

(12) In this section, “the panel member” means the member of the private rented housing panel to whom the case has been allocated under section 28A(2).]

Textual Amendments

F22 Ss. 28A-28C inserted (22.9.2015 for specified purposes, 1.12.2015 in so far as not already in force) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 35(4), 41(3); S.S.I. 2015/326, art. 2(2)(b)(3)

29 Annual report S

(1) The president of the private rented housing panel must, in respect of each reporting year, prepare a written report on the exercise of functions by the president, by the panel [F23 , by the members of the panel] and by private rented housing committees during that year.

(2) Each such report must report

[F24 (a) the frequency with which applications to the panel (whether valid or invalid within the terms of section 22) include complaints about the landlord's management of the tenancy.]

[F25 (b) the number of—

(i) applications made under section 28A,

(ii) cases in which it has been possible to agree a suitable date and time (or dates and times) under section 28C for the landlord to exercise the landlord's right of entry under section 181(4),

(iii) houses attended by a member of the private rented housing panel (or a person authorised by such a member) as a result of a request made under section 28C(8), and

(iv) warrants sought to authorise entry under section 182(1) in pursuance of section 181(2A).]

(3) The president must submit each such report to the Scottish Ministers as soon as practicable after the end of the reporting year to which it relates.

(4) The Scottish Ministers must lay before the Scottish Parliament a copy of each such report submitted to them.

(5) A reporting year for the purposes of this section is—

(a) the period beginning with the day on which this section comes into force and ending with 31 December next following that date, and

(b) each successive calendar year.

Textual Amendments

F23 Words in s. 29(1) inserted (1.12.2015) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 35(5)(a), 41(3); S.S.I. 2015/326, art. 2(3)

F24 Words in s. 29(2) renumbered as s. 29(2)(a) (1.12.2015) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 35(5)(b)(i), 41(3); S.S.I. 2015/326, art. 2(3)

F25 S. 29(2)(b) inserted (1.12.2015) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 35(5)(b)(ii), 41(3); S.S.I. 2015/326, art. 2(3)