Housing (Scotland) Act 1987

Landlord’s identity S

327 Disclosure of landlord’s identity. S

(1) If the tenant of premises occupied as a house makes a written request for the landlord’s name and address to any person who demands or to the last person who received rent payable under the tenancy or to any other person for the time being acting as agent for the landlord in relation to the tenancy, and that person fails without reasonable excuse to supply a written statement of the name and address within the period of 21 days beginning with the day on which he receives the tenant’s request, that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2) In any case where—

(a) in response to a request under subsection (1), a tenant is supplied with the name and address of the landlord of the premises concerned; and

(b) the landlord is a body corporate; and

(c) the tenant makes a further written request to the landlord for information under this subsection,

the landlord shall, within the period of 21 days beginning with the day on which he receives the request under this subsection, supply to the tenant a written statement of the name and address of every director and the secretary of the landlord.

(3) Any reference in subsection (1) or subsection (2) to a person’s address is a reference to his place of abode or his place of business or, in the case of a company, its registered office.

(4) A request under subsection (2) shall be deemed to be duly made to the landlord if it is made to an agent of the landlord or to a person who demands the rent of the premises concerned, and any such agent or person to whom such a request is made shall as soon as may be forward it to the landlord.

(5) A landlord who fails without reasonable excuse to comply with a request under subsection (2) within the period mentioned in that subsection and a person who fails without reasonable excuse to comply with any requirement imposed on him by subsection (4) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) In this section—

• “landlord” means the immediate landlord and, in relation to premises occupied under a right conferred by an enactment, includes the person who, apart from that right, would be entitled to possession of the premises;

• “tenant” includes a sub-tenant and a tenant under a right conferred by an enactment.

328 Duty to inform tenant of assignation of landlord’s interest. S

(1) If the interest of the landlord under a tenancy of premises which consist of or include a house is assigned, the person to whom that interest is assigned (in this section referred to as “the new landlord”) shall, within the appropriate period, give notice in writing to the tenant of the assignation and of the name and address of the new landlord.

(2) In subsection (1), “the appropriate period” means the period beginning on the date of the assignation in question and ending either two months after that date or, if it is later, on the first day after that date on which rent is payable under the tenancy.

(3) Subject to subsection (4), the reference in subsection (1) to the new landlord’s address is a reference to his place of abode or his place of business or, if the new landlord is a company, its registered office.

(4) If trustees as such constitute the new landlord, it shall be a sufficient compliance with the obligation in subsection (1) to give the name of the new landlord to give a collective description of the trustees as the trustees of the trust in question, and where such a collective description is given—

(a) the address of the new landlord for the purpose of that subsection may be given as the address from which the affairs of the trust are conducted; and

(b) a change in the persons who are for the time being the trustees of the trust shall not be treated as an assignation of the interest of the landlord.

(5) If any person who is the new landlord under a tenancy falling within subsection (1) fails, without reasonable excuse, to give the notice required by that subsection, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) In this section, “tenancy” includes a sub-tenancy and a statutory tenancy, within the meaning of the M1 Rent (Scotland) Act 1984 [F1 and a statutory assured tenancy within the meaning of the Housing (Scotland) Act 1988] and “tenant” shall be construed accordingly.

(7) In this section, “assignation” means a conveyance or other transfer (other than in security), and any reference to the date of the assignation means the date on which the conveyance or other transfer was granted, delivered or otherwise made effective.

Textual Amendments

F1 Words inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(2), Sch. 9 para. 19

Marginal Citations

M1 1984 c. 58.