Housing (Scotland) Act 1987

161 Notice requiring compliance with standards. S

(1) The local authority may serve a notice under this section where the condition of a house which, or a part of which, is let in lodgings, or which is occupied by members of more than one family is, in the opinion of the authority, so far defective with respect to any of the matters mentioned in subsection (2), having regard to the number of individuals or households, or both, accommodated for the time being on the premises, as not to be reasonably suitable for occupation by those individuals or households.

(2) The matters referred to in subsection (1) are—

• natural and artificial lighting,

• ventilation,

• water supply,

• personal washing facilities,

• drainage and sanitary conveniences,

• facilities for the storage, preparation and cooking of food, and for the disposal of waste water,

• installations for space heating or for the use of space heating appliances.

(3) The notice shall specify the works which in the opinion of the authority are required for rendering the premises reasonably suitable—

(a) for occupation by the individuals and households for the time being accommodated there, or

(b) for a smaller number of individuals or households and the number of individuals or households, or both, which, in the opinion of the authority, the premises could reasonably accommodate if the works were carried out.

(4) The notice shall be served either—

(a) on the person having control of the house, or

(b) on any person to whom the house is let, or on any person who, as the trustee, tutor, curator, factor or agent for or of a person to whom the house is let, receives rents or other payments from tenants of parts of the house or lodgers in the house.

(5) The notice shall require the person on whom it is served to execute the works specified in the notice within such period (of at least 21 days from the service of the notice) as may be so specified.

(6) That period may from time to time be extended by written permission of the authority.

(7) If the local authority are satisfied that—

(a) after the service of a notice under this section in respect of any premises the number of individuals living on those premises has been reduced to a level which will make the work specified in the notice unnecessary, and

(b) that number will be maintained at or below that level whether in consequence of exercise of the authority’s powers under section 166 (powers to limit number of occupants of houses) or otherwise,

they may notify in writing the person on whom the notice was served of the withdrawal of the notice, but the withdrawal of the notice shall be without prejudice to the issue of a further notice.

(8) Where the local authority serve a notice on any person under this section they shall inform any other person who is to their knowledge an owner or lessee of the house or a person holding a heritable security over the house of the fact that such a notice has been served.