Tenants' Rights, Etc. (Scotland) Act 1980

Section 23.

SCHEDULE 4Terms of Secure Tenancy Relating to Alterations Etc. to Dwelling-House

1A secure tenant who wishes to carry out work shall serve on the landlord an application in writing for the landlord's consent, giving details of the work proposed to be carried out.

2In relation to an application under paragraph 1 above, the landlord may—

(a)consent;

(b)refuse his consent, provided that he may not refuse his consent unreasonably; or

(c)consent subject to such reasonable conditions as he may impose.

3(a)The landlord shall intimate his consent or refusal, and any conditions imposed, and in the case of refusal the reasons therefor, to the tenant in writing within one month of receipt of the application.

(b)in the event that the landlord fails to make intimation in accordance with paragraph (a) above within the period therein mentioned, he shall be deemed to have consented to the application.

4A tenant who is aggrieved by a refusal, or by any condition imposed under paragraph 2(c) above may raise proceedings by summary application in the sheriff court of the district in which the dwelling-house is situated.

5In proceedings under paragraph 4 above, the sheriff shall order the landlord to consent to the application or, as the case may be, to withdraw the condition unless it appears to him that the refusal or condition is reasonable.

6In deciding whether a refusal or a condition is reasonable the sheriff shall have regard in particular to—

(a)the safety of occupiers of the dwelling-house or of any other premises;

(b)any expenditure which the landlord is likely to incur as a result of the work ;

(c)whether the work is likely to reduce the value of the dwelling house or of any premises of which it forms part, or to make the dwelling-house or such premises less suitable for letting or for sale ; and

(d)any effect which the work is likely to have on the extent of the accommodation provided by the dwelling-house.