Housing (Scotland) Act 2006

59 Recovery of expenses etc. S

(1) The local authority may recover any—

(a) expenses it incurs in carrying out any work authorised by section 35,

[F1 (aa) expenses it incurs in pursuance of—

(i) devising a maintenance plan under 46(1)(b)(ii) or (c), or

(ii) varying a maintenance plan under section 47(1),]

(b) expenses it incurs in pursuance of section 49(1), or

(c) payments made under section 50(3),

from the owner of the house concerned.

(2) The local authority may recover any expenses it incurs in carrying out any work authorised by section 36 from the landlord concerned.

(3) Subsections (1) and (2) entitle the local authority to recover—

(a) any administrative expenses incurred by it in connection with the act to which the expenses relate or, as the case may be, with the making of the payment, and

(b) interest, at such reasonable rate as it may determine, from the date when a demand for payment is served until the whole amount is paid.

(4) The local authority may declare any sums recoverable under this section to be payable by instalments.

(5) Notice of any such declaration must be served on the person from whom the sums are recoverable.

(6) A local authority is not, despite the generality of subsection (1)(a), entitled to recover any expenses incurred in demolishing a house it has acquired under section 40.

Textual Amendments

F1 S. 59(1)(aa) inserted (1.3.2011) by Housing (Scotland) Act 2010 (asp 17), ss. 150(2), 166(2); S.S.I. 2011/96, art. 2, Sch.

Commencement Information

I1 S. 59 partly in force; s. 59 not in force at Royal Assent see s. 195; s. 59(2)-(5) in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

I2 S. 59(1)(6) in force at 1.4.2009 by S.S.I. 2009/122, art. 3