Part 5Regulatory intervention

Remedial action

I156Enforcement notices

1

The Regulator may serve an enforcement notice if, having made inquiries or otherwise, it considers—

a

that a social landlord is, or is at risk of, failing—

i

to achieve a standard or an outcome set out in the Scottish Social Housing Charter,

ii

to meet a performance improvement target, or

iii

to implement an approved performance improvement plan,

b

that––

i

a registered social landlord is, or is at risk of, failing to meet a financial management or governance target, or

ii

there has been misconduct or mismanagement in a registered social landlord's financial or other affairs,

c

that the interests of a social landlord's tenants need protection,

d

that a registered social landlord's assets need protection,

e

that a registered social landlord's financial viability is in jeopardy, or

f

that any other conduct by a social landlord justifies serving an enforcement notice.

2

An enforcement notice is a notice requiring the social landlord concerned to take action—

a

to rectify or avoid a failure or other problem, or

b

to protect its tenants or assets.

3

An enforcement notice must—

a

say why it has been served, and

b

state by when the social landlord must take action.

4

The Regulator must—

a

publish an enforcement notice, and

b

send a copy of it to every registered tenant organisation associated with the social landlord concerned.