Housing (Scotland) Act 1987

180 Effect of control order on persons occupying house. S

(1) This section applies to a person who at the time a control order comes into force—

(a) is occupying any part of the house, and

(b) does not have an estate or interest in the whole of the house.

(2) Section 179 (general effect of control order) does not affect the rights or liabilities of such a person under any lease, licence or agreement, whether in writing or not, under which that person is occupying any part of the house at the time when the control order comes into force, and—

(a) any such lease, licence or agreement has effect, while the control order is in force, as if the local authority were substituted in it for any party to it who has [F1 a right] or interest in the house and who is not a person to whom this section applies; and

(b) any such lease continues to have effect as near as may be as a lease notwithstanding that the rights of the local authority, as substituted for the lessor, do not amount to [F1 ownership of] the premises.

(3) Subject to the provisions of subsection (4) and to any other express provision of this Part, any enactment or rule of law relating to landlords and tenants or leases shall apply in relation to any lease to which the local authority become a party under this section as if the authority were the owner of the premises.

(4) Section 5 of the M1 Rent (Scotland) Act 1984 (which excludes lettings by local authorities from being protected tenancies within the meaning of the Act) [F2 and paragraph 11 of Schedule 4 to the Housing (Scotland) Act 1988 (which excludes lettings by local authorities from being assured tenancies within the meaning of the Act)] shall not apply to any lease or agreement under which a person to whom this section applies is occupying any part of the house, and if immediately before the control order came into force any person to whom this section applies was occupying part of the house under a protected or statutory tenancy, within the meaning of the Rent (Scotland) Act 1984 [F3 or an assured tenancy, within the meaning of the Housing (Scotland) Act 1988,] nothing in this Part relating to control orders shall prevent the continuance of that [F4 protected, statutory or assured] tenancy nor affect the continued operation of [F5 those Acts] in relation to that [F4 protected, statutory or assured] tenancy after the coming into force of the control order.

(5) So much of the regulations made under section 156 as imposes duties on persons who live in a house to which the regulations apply (regulations prescribing management code) also applies to persons who live in a house as respects which a control order is in force.

(6) Without prejudice to the rights conferred on the local authority by section 179, the authority and any person authorised in writing by them, shall have the right at all reasonable times, as against any person having [F6 a right] or interest in a house which is subject to a control order, to enter any part of the house for the purpose of—

(a) survey and examination, and

(b) carrying out any works.

(7) The rights conferred by subsection (6) shall, so far as reasonably required for the purpose of survey and examination of a part of a house subject to a control order, or for the purpose of carrying out any works in that part of a house, be exercisable as respects the part of the house which, by virtue of section 178(2), is not subject to the control order.

Textual Amendments

F1 Words in s. 180(2)(a)(b) substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 48(10)(a) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F2 Words inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(2), Sch. 9 para. 16(a)

F3 Words inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(2), Sch. 9 para. 16(b)

F4 Words substituted by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(2), Sch. 9 para. 16(c)

F5 Words substituted by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(2), Sch. 9 para. 16(d)

F6 Words in s. 180(6) substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 48(10)(b) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

Marginal Citations

M1 1984 c. 58.