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Housing (Scotland) Act 1987 is up to date with all changes known to be in force on or before 28 August 2024. There are changes that may be brought into force at a future date.
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Duties and powers of local authorities
1. Duty of local authority to consider needs of their area for further housing accommodation.
2. Powers of local authority to provide housing accommodation.
3. Power of local authority to provide shops, etc., in connection with housing accommodation.
5. Power of local authority to provide board and laundry facilities.
5B. Power to repeal provisions relating to welfare services.
6. Duty of local authority to have regard to amenities of locality, etc.
7. Execution of works by local authority in connection with housing operations outside their area.
8. Adjustment of differences between local authorities as to carrying out of proposals for provision of housing accommodation.
Acquisition and disposal of land
9. Power of local authority to acquire land for, or in connection with, provision of housing accommodation.
11. Local authority may take possession of land to be acquired by agreement or appropriated for purposes of this Part.
12.Powers of dealing with land acquired or appropriated for purposes of this Part.
12A. Consent of Secretary of State required for certain subsequent disposals.
13. Power of Secretary of State in certain cases to impose conditions on sale of local authority’s houses, etc.
14. Powers of local authorities to sell certain houses without consent of Secretary of State.
15. Power of local authority to enforce obligations against owner for time being of land.
Duties of local authorities with respect to homelessness and threatened homelessness
28. Inquiry into cases of possible homelessness or threatened homelessness.
29. Interim duty to accommodate in case of apparent priority need.
32. Duties to persons found to be threatened with homelessness.
32A. Power of the Scottish Ministers to modify application of sections 31 and 32
36. Protection of property of homeless persons and persons threatened with homelessness.
PART III RIGHTS OF PUBLIC SECTOR TENANTS
77. Secretary of State may make provision for vesting in landlord to bring into being tenant’s right to purchase house.
78. Secretary of State may give directions to modify conditions of sale.
79. Secretary of State may give financial and other assistance for tenants involved in proceedings.
80. Secretary of State may make contributions towards the cost of transfers and exchanges.
81. Information from landlords in relation to Secretary of State’s powers.
Preservation of right to buy on disposal to private sector landlord
95. Further procedure, powers of local authority on acquisition of land, compensation and agricultural holdings.
96. Power of local authority to retain houses subject to demolition for temporary occupation.
97. Local authority may control occupation of houses in housing action area.
98. Obligation of local authorities in relation to rehousing in housing action areas.
Landlords and tenants in housing action areas
99. Application to sheriff for possession where house is identified in accordance with paragraph 1(1) of Schedule 8 as read with section 92(4)(a).
100. Application to sheriff for possession where house is identified in accordance with paragraph 1(1) of Schedule 8 as read with section 92(4)(c).
101. Application to sheriff for possession where house is identified in accordance with paragraph 1 of Schedule 8 as read with section 92(4)(b).
102. Procedure; and application of s.103(1) of Rent (Scotland) Act 1984.
103. Certain provisions of Rent (Scotland) Act 1984 not to apply.
104. Effect of refusal to make order on validity of resolution.
PART VI CLOSING AND DEMOLITION ORDERS
117. Undertakings to bring up to tolerable standard and suspension order.
119. Listed buildings and houses subject to building preservation orders.
120. Powers of local authority in relation to building consisting wholly of closed houses.
121. Local authority may acquire and repair house or building liable to closing or demolition order.
PART VIII HOUSES IN MULTIPLE OCCUPATION
PART IX GOVERNMENT GRANTS AND SUBSIDIES
Grants to the Scottish Special Housing Association and other bodies
194. Grants payable to the Scottish Special Housing Association and development corporations.
195. Grants for affording tax relief to Scottish Special Housing Association.
196.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
197. Financial assistance to voluntary organisations concerned with housing.
PART XII HOUSE LOANS AND OTHER FINANCIAL ASSISTANCE
Assistance for first-time buyers
222.Advances to recognised lending institutions to assist first-time buyers.
227.Modifications of building society law and disapplication of provisions of the Restrictive Trade Practices Act 1976 in relation to assistance for first-time buyers.
228. Exclusion of Restrictive Trade Practices Act: agreements as to loans on security of new houses.
229. Local authority indemnities for building societies, etc.
230. Assistance by local authority for acquiring houses in need of repair and improvement.
231. Loans by Public Works Loan Commissioners for provision or improvement of housing accommodation.
233. Power of local authority to assist in provision of separate service water pipes for houses.
234. Financial assistance towards tenants’ removal expenses.
PART XIII LOCAL AUTHORITY GRANTS FOR IMPROVEMENT, REPAIR AND CONVERSION
237A. Offences in relation to applications for improvement grant
239A. Power of Secretary of State to give directions to prevent duplications of grant.
240. Conditions for approval of applications for improvement grant other than applications relating exclusively to the provision of standard amenities.
244. Duty of local authorities to make improvement grants where an application relates exclusively to the provision of standard amenities or to disabled occupant; and amount thereof.
245. Grants restricted to applicant and his personal representatives.
246. Conditions to be observed with respect to houses in respect of which an improvement grant has been made, and registration thereof.
PART XIV ASSISTANCE FOR OWNERS OF DEFECTIVE HOUSING
290. Duty of local housing authority to publicise availability of assistance.
291. Duties of public sector authority disposing of defective dwelling.
292. Reinstatement of defective dwelling by local authority.
295. Application of Act in relation to lenders on security of defective dwelling.
296, 297.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payments for houses not meeting tolerable standard
308. Right to and amount of payments for house not meeting tolerable standard.
309. Right of parties to certain agreements secured on, or related to, houses not meeting the tolerable standard to apply to sheriff for adjustment of the agreements.
310. Provisions as to house subject to heritable security or purchased by instalments.
SCHEDULES
RULES AS TO ASSESSMENT OF COMPENSATION WHERE LAND PURCHASED COMPULSORILY IN CERTAIN CIRCUMSTANCES
GROUNDS FOR RECOVERY OF POSSESSION OF HOUSES LET UNDER SECURE TENANCIES
PART I GROUNDS ON WHICH COURT MAY ORDER RECOVERY OF POSSESSION
4.—The condition of any furniture provided for use under the...
9.—The house is overcrowded, within the meaning of section 135,...
11.—The house has been designed or adapted for occupation by...
13.—The landlord is a housing association which has as its...
15.(a) The landlord is the council (constituted under section 2...
16.—The landlord wishes to transfer the secure tenancy of the...
TERMS OF SECURE TENANCY RELATING TO ALTERATIONS, ETC TO HOUSE
2.—In relation to an application under paragraph 1, the landlord...
3.—The landlord shall intimate consent or refusal, and any conditions...
4.—In the event that the landlord fails to make intimation...
6.—In proceedings under paragraph 5, the sheriff shall order the...
7.—In deciding whether a refusal or a condition is reasonable...
VESTING ORDER UNDER SECTION 77: MODIFICATION OF ENACTMENTS
PART II POWERS OF LOCAL AUTHORITY IN RELATION TO ACQUISITION OF LAND FOR HOUSING ACTION AREAS
PART III COMPENSATION IN RESPECT OF LAND ACQUIRED COMPULSORILY
PART IV ADJUSTMENT OF RELATIONS BETWEEN LESSORS AND LESSEES OF AGRICULTURAL HOLDINGS, ETC.
RECOVERY OF EXPENSES BY CHARGING ORDER
1.—Where under sections 108(3), 131(2) and 164(4) a local authority...
2.—The annuity charged shall be such sum not exceeding such...
4.—Every annuity constituting a charge by a charging order duly...
5.—A charging order duly recorded in the General Register of...
6.—Every annuity charged by a charging order may be recovered...
7.—A charging order and all sums payable thereunder may be...
8.—Any owner of, or other person interested in, premises on...
ENACTMENTS SPECIFYING EXCHEQUER CONTRIBUTIONS THAT MAY BE REDUCED, SUSPENDED OR DISCONTINUED
5.—Any requirement of this Schedule as respects any amount to...
6.—A local authority may, with the consent of the Secretary...
7.—Where it appears to the Secretary of State that amounts...
8.—The Secretary of State may direct that items of income...
10.—References in this Schedule to houses and other property to...
THE SLUM CLEARANCE REVENUE ACCOUNT
CONDITIONS RELATING TO HOUSE LOANS
1.—The provisions of this Schedule shall have effect with respect...
2.—The advance, together with interest thereon, shall be secured by...
4.—The heritable security shall provide for repayment of the principal—...
5.—It shall also provide for the payment of instalments of...
8.—Where the advance is for any of the purposes specified...
9.—The advance shall not be made except after a valuation...
10.—No advance shall be made unless the estate or interest...
11.—In this Schedule, any reference, in relation to an advance,...
CONSEQUENCES OF BREACH OF CONDITIONS OF IMPROVEMENT GRANT
1.—Subject to paragraphs 4 and 5, the local authority shall...
2.—If the local authority are satisfied that the breach of...
3.—If the local authority are satisfied that the breach although...
5.—On the application of the local authority, the sheriff within...
8.—In this Schedule, “interest” means compound interest calculated at such...
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