Housing (Scotland) Act 1987

313 Byelaws with respect to houses in multiple occupation. S

(1) The power of making and enforcing byelaws under section 72 of the M1 Public Health (Scotland) Act 1897 with respect to houses or parts of houses which are let in lodgings or occupied by members of more than one family shall extend to the making and enforcing of byelaws imposing any duty (being a duty which may be imposed by the byelaws and which involves the execution of work) on the owner within the meaning of that Act of the said house, in addition to or in substitution for any other person having an interest in the premises, and prescribing the circumstances and conditions in and subject to which any such duty is to be discharged.

(2) For the purpose of discharging any duty so imposed, the owner or other person may at all reasonable times enter upon any part of the premises.

(3) Where an owner or other person has failed to carry out any work which he has been required to carry out under the byelaws, the local authority may, after giving to him not less than 21 days’ notice in writing, themselves carry out the works and recover the costs and expenses.

(4) For the purpose of subsection (3), the provisions of Part V with respect to the enforcement of notices requiring the carrying out of work and the recovery of expenses by local authorities shall apply with such modifications as may be necessary.

(5) In this section “owner”, in relation to a house mentioned in subsection (1), means the person entitled to receive, or who would if the premises were let, be entitled to receive the rents of the premises, and includes a trustee, factor, tutor, or curator, and in the case of public or municipal property applies to the persons to whom the management is entrusted.

Marginal Citations

M1 1897 c. 38.