UK Act of Parliament 1987 Scotland

Housing (Scotland) Act 1987

An Act to consolidate with amendments to give effect to recommendations of the Scottish Law Commission, certain enactments relating to housing in Scotland.

At a glance

What's here

54 compliance obligations

Penalty landscape

6 of 54 obligations carry a fine up to £200. 9 carry different penalties and 39 have no criminal penalty — flagged in the list below.

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

  • Landlord 8
  • Any Person 6
  • Occupier 5
  • Trader 1
  • Director or Officer 1

Plus 32 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

Landlords also bound by 69 other Acts (top 5 shown)
Any Person also bound by 742 other Acts (top 5 shown)
Occupiers also bound by 100 other Acts (top 5 shown)
Traders also bound by 218 other Acts (top 5 shown)
Directors and Officers also bound by 221 other Acts (top 5 shown)

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Part I — PROVISION OF HOUSING

s.017

Management plan.

Other duties (1) — Crown / regulator
  • Local authorities must submit housing management plans if requested Local authority
s.020

Rules on priority of allocation of housing: consultation

  • Social landlords must consult before changing housing allocation rules Landlord
Browse 24 other sections in this Part — procedural / definitional / commencement
s.005

Power of local authority to provide welfare services.

s.005

Power to repeal provisions relating to welfare services.

s.012

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.017

Publication of information.

s.017

Power of Secretary of State to direct local authority.

s.020

Determination of minimum period for application to remain in force

s.022

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

Part II — HOMELESS PERSONS

s.029

Interim duty to accommodate ....

Other duties (1) — Crown / regulator
  • Local authorities must provide interim accommodation for homeless applicants Local authority
s.032

Housing support: persons found to be homeless or threatened with homelessness

Other duties (1) — Crown / regulator
  • Local authorities must assess and provide housing support to homeless persons Local authority
s.033

Statement on exercise of power to modify section 33

Other duties (1) — Crown / regulator
  • Scottish Ministers must publish criteria for local authority referrals Crown / Minister / Government department
s.035

Procedure on review

Other duties (1) — Crown / regulator
  • Local authorities must follow strict procedures for reviewing housing decisions Local authority
s.038

Co-operation between authorities.

Other duties (1) — Crown / regulator
  • Public authorities must cooperate on homelessness assistance requests Local authority
Browse 25 other sections in this Part — procedural / definitional / commencement
s.032

Power of the Scottish Ministers to modify application of sections 31 and 32

s.033

Power to modify section 33

s.035

Right to request review of decision

s.036

Duty to ask if a person is homeless or threatened with homelessness

s.036

Duty to act if a person may be homeless

s.036

Duty to act if a person may be threatened with homelessness

s.036

Power of relevant bodies to share information

s.036

Duty to have regard to matters relating to homelessness

s.040

Meaning of homelessness and threatened with homelessness

s.040

Power to modify provision about a person becoming homeless intentionally

s.043

Power to modify the meaning of “relevant body”

Part III — RIGHTS OF PUBLIC SECTOR TENANTS

Browse 64 other sections in this Part — procedural / definitional / commencement
s.058

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.061

Limitation on right to purchase from registered social landlords

s.061

Limitation on right to purchase: pressured areas

s.061

Pressured area proposals: procedure

s.061

Limitation on right to purchase: arrears of rent, council tax etc.

s.061

Limitation on right to purchase: conduct

s.061

Limitation on right to purchase: new supply social housing

s.061

Limitation on right to purchase: new tenants

s.062

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.063

Information to be prescribed

s.066

Abatement of purchase price on landlord’s failure before contract of sale.

s.066

Abatement of purchase price on landlord’s failure after contract of sale.

s.066

Provisions relating to sections 66A and 66B.

s.069

Power to refuse to sell houses required for police purposes

s.070

Authorisation of refusal to sell houses liable to demolition

s.073

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.073

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.073

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.073

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.075

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.081

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.081

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.084

Application of right to buy to cases where landlord is lessee.

Part IV — SUB-STANDARD HOUSES

Browse 21 other sections in this Part — procedural / definitional / commencement

Part VI — CLOSING AND DEMOLITION ORDERS

s.118

Service.

Other duties (1) — Crown / regulator
  • Local authorities must serve official notices to all interested parties Local authority
Browse 10 other sections in this Part — procedural / definitional / commencement

Part VII — OVERCROWDING

s.150

Duty to enforce this Part.

Other duties (1) — Crown / regulator
  • Local authorities must enforce housing standards and overcrowding rules Local authority
Browse 10 other sections in this Part — procedural / definitional / commencement

Part VIII — HOUSES IN MULTIPLE OCCUPATION

Browse 32 other sections in this Part — procedural / definitional / commencement

Part X — HOUSING ACCOUNTS OF LOCAL AUTHORITIES

s.205

The rent rebate account.

Other duties (1) — Crown / regulator
  • Local authorities must maintain and balance a rent rebate account Local authority
s.206

The rent allowance account.

Other duties (1) — Crown / regulator
  • Local authorities must maintain and balance a rent allowance account Local authority
Browse 2 other sections in this Part — procedural / definitional / commencement

Part XI — RENTS AND SERVICE CHARGES

Browse 3 other sections in this Part — procedural / definitional / commencement

Part XII — HOUSE LOANS AND OTHER FINANCIAL ASSISTANCE

Browse 10 other sections in this Part — procedural / definitional / commencement

Part XIII — LOCAL AUTHORITY GRANTS FOR IMPROVEMENT, REPAIR AND CONVERSION

s.236

Power to make improvement grants: further provision

Amended 5 times
s.237

Offences in relation to applications for improvement grant

Amended 3 times
s.240

Assessment of applicant’s contribution

Amended 5 times
s.240

Applicant’s contribution: review

Amended 5 times
s.250

Encouragement of works to improve energy efficiency and safety

Amended 3 times
s.256

Application of this Part to the Scottish Ministers

Amended 3 times
Browse 5 other sections in this Part — procedural / definitional / commencement

Part XIV — ASSISTANCE FOR OWNERS OF DEFECTIVE HOUSING

Browse 40 other sections in this Part — procedural / definitional / commencement

Part XVI — GENERAL AND MISCELLANEOUS

s.316

Confirmation of byelaws.

Other duties (1) — Crown / regulator
  • Secretary of State must confirm local housing byelaws Crown / Minister / Government department
Browse 17 other sections in this Part — procedural / definitional / commencement

Schedules

s.sch009

A charging order must provide— (a) that the annuity is...

  • Include debt recovery terms in a charging order for annuity payments
Browse 234 other Schedules — structural / supplementary
s.sch001

—If the Lands Tribunal are satisfied that the rent of...

s.sch001

—If the Lands Tribunal are satisfied that the rent of...

s.sch001

The local authority may tender evidence as to the matters...

s.sch001

—The Lands Tribunal shall (except as provided in section 15(1)...

s.sch001

—The Lands Tribunal shall embody in their award a statement...

s.sch002

(1) A tenancy shall not be a secure tenancy if...

s.sch002

—A tenancy shall not be a secure tenancy if the...

s.sch002

—A tenancy shall not be a secure tenancy if the...

s.sch002

—A tenancy shall not be a secure tenancy if the...

s.sch002

—A tenancy shall not be a secure tenancy if the...

s.sch002

(1) A tenancy shall not be a secure tenancy if...

s.sch002

—A tenancy shall not be a secure tenancy if the...

s.sch002

—A tenancy shall not be a secure tenancy if the...

s.sch002

—A tenancy shall not be a secure tenancy if the...

s.sch003

—It is intended within a reasonable period of time to...

s.sch003

—The house has been designed or adapted for occupation by...

s.sch003

—The house forms part of a group of houses which...

s.sch003

—The landlord is a housing association which has as its...

s.sch003

—The interest of the landlord in the house is that...

s.sch003

(a) The landlord is the council (constituted under section 2...

s.sch003

—The landlord wishes to transfer the secure tenancy of the...

s.sch003

—The condition of any furniture provided for use under the...

s.sch003

—The tenant and his spouse have been absent from the...

s.sch003

—The tenant is the person, or one of the persons,...

s.sch003

(1) The tenant, a person residing or lodging in the...

s.sch003

—The tenant of the house (or any one of joint...

s.sch003

—The house is overcrowded, within the meaning of section 135,...

s.sch004

—A secure tenant who wishes to assign, sublet or otherwise...

s.sch004

—In relation to an application under paragraph 1, the landlord...

s.sch004

(a) The landlord shall serve on the tenant notice in...

s.sch004

—A tenant who is aggrieved by a refusal (other than...

s.sch004

—In proceedings under paragraph 4, the sheriff shall order the...

s.sch004

—In deciding whether a refusal is reasonable the sheriff shall...

s.sch005

—A secure tenant who wishes to carry out work shall...

s.sch005

—In relation to an application under paragraph 1, the landlord...

s.sch005

—The landlord shall intimate consent or refusal, and any conditions...

s.sch005

—In the event that the landlord fails to make intimation...

s.sch005

—A tenant who is aggrieved by a refusal, or by...

s.sch005

—In proceedings under paragraph 5, the sheriff shall order the...

s.sch005

—In deciding whether a refusal or a condition is reasonable...

s.sch006

—Paragraphs 1(2), 6 to 13 and 16 to 39 of...

s.sch006

—In Schedule 2, paragraph 2(1)(a) shall be treated as if...

s.sch006

—The references in paragraphs 6, 7 and 37 of that...

s.sch006

—In paragraph 6 of that Schedule— (a) the reference to...

s.sch006

—The reference in paragraph 20(2) of that Schedule to the...

s.sch006

—In paragraph 29 of that Schedule— (a) sub-paragraph (1)(a) shall...

s.sch006

—Any reference to the date of service of a notice...

s.sch006

—Section 25(2) shall be treated as if for the words...

s.sch006

—In section 30— (a) subsection (2) shall be treated as...

s.sch006

—Any reference to a notice to treat in section 45(2)...

s.sch006a

Disposals to which this Schedule applies

s.sch006a

(1) This Schedule applies to the disposal by a local...

s.sch006a

(1) The Secretary of State shall not entertain an application...

s.sch006a

(1) The requirements as to consultation referred to above are...

s.sch006a

The Secretary of State may require the local authority to...

s.sch006a

(1) The Secretary of State shall not give his consent...

s.sch006a

The Secretary of State’s consent to a disposal is not...

s.sch007

(1) In this paragraph, references to a compulsory purchase order...

s.sch007

(1) If no objection is duly made by any of...

s.sch007

Paragraphs 6, 15 and 16 of Schedule 1 to the...

s.sch007

—In this Part of this Schedule, unless the context otherwise...

s.sch007

(1) Where, under Part I or II of this Schedule,...

s.sch007

—In section 116 of the Lands Clauses Consolidation (Scotland) Act...

s.sch007

(1) Where Part IV applies to a building purchased by...

s.sch007

(1) This Part of this Schedule applies to any house...

s.sch007

—Where the owner of a house to which this Part...

s.sch007

—Where a local authority have made a rehabilitation order they...

s.sch007

(1) Where— (a) land included in a compulsory purchase order,...

s.sch007

—A rehabilitation order may be made and confirmed notwithstanding that...

s.sch007

—A rehabilitation order shall be made in the prescribed form...

s.sch007

(1) Before submitting a rehabilitation order to the Secretary of...

s.sch008

(1) The local authority shall have regard to any representations...

s.sch008

(1) Where the removal or alteration of apparatus belonging to...

s.sch008

(1) Paragraph 23 of the electronic communications code (which provides...

s.sch008

(1) Where land is purchased compulsorily by a local authority...

s.sch008

(1) Section 15 of the Agricultural Holdings (Scotland) Act 1991...

s.sch008

—Any notice authorised or required to be sent to any...

s.sch008

(1) Subject to the provisions of sub-paragraph (2), where a...

s.sch008

—Where a local authority determine to acquire any land comprised...

s.sch008

(1) In so far as a resolution passed under section...

s.sch008

(1) A local authority may include in a housing action...

s.sch008

—Section 11 (which provides that a local authority may take...

s.sch008

—A local authority who have under Part IV or this...

s.sch008

(1) A local authority may, with the approval of the...

s.sch009

—Where under sections 108(3), 131(2) and 164(4) a local authority...

s.sch009

—The annuity charged shall be such sum not exceeding such...

s.sch009

The local authority must— (a) determine— (i) the term of...

s.sch009

Section 187 of the Housing (Scotland) Act 2006 (asp 1)...

s.sch009

—A charging order shall be in such form as may...

s.sch009

(1) A person aggrieved by a determination under paragraph 2A(a)(i),...

s.sch009

—Every annuity constituting a charge by a charging order duly...

s.sch009

—A charging order duly recorded in the General Register of...

s.sch009

The owner of the premises on which an annuity has...

s.sch009

—Every annuity charged by a charging order may be recovered...

s.sch009

—A charging order and all sums payable thereunder may be...

s.sch009

—Any owner of, or other person interested in, premises on...

s.sch010

(1) This paragraph applies to any contract (whether entered into...

s.sch010

—Notwithstanding any agreement to the contrary, where under any contract...

s.sch010

(1) In any lease of a house, being a lease...

s.sch010

(1) Subject to the provisions of this paragraph, paragraph 3...

s.sch010

(1) The sheriff may, on the application of either party...

s.sch011

(1) A management scheme shall give particulars of all works...

s.sch011

—References in this Part of this Schedule to the control...

s.sch011

(1) Sections 108(6) (exercise of power of local authority to...

s.sch011

(1) Account shall be kept by the local authority for...

s.sch011

(1) Within 6 weeks from the date on which a...

s.sch011

(1) Without prejudice to the right of appeal against a...

s.sch011

(1) If a local authority refuse an application to revoke...

s.sch011

(1) A sheriff who revokes a control order on appeal...

s.sch011

(1) The provisions of this paragraph apply where—

s.sch011

(1) On and after the date on which the control...

s.sch011

—If under section 185 the sheriff modifies or determines a...

s.sch012

(1) No payment shall be made— (a) for the year...

s.sch012

Table

s.sch015

(1) The houses, buildings and land specified for the purposes...

s.sch015

—References in this Schedule to houses and other property to...

s.sch015

(1) For each year a local authority shall carry to...

s.sch015

—Subject to paragraph 4 of this Schedule, for each year...

s.sch015

—A local authority shall not debit to the housing revenue...

s.sch015

Where in any year a local authority provide welfare services...

s.sch015

—Any requirement of this Schedule as respects any amount to...

s.sch015

—A local authority may, with the consent of the Secretary...

s.sch015

—Where it appears to the Secretary of State that amounts...

s.sch015

—The Secretary of State may direct that items of income...

s.sch015

(1) If at any time a credit balance is shown...

s.sch016

—For each year a local authority shall carry to the...

s.sch016

—Where for any year a deficit is shown in the...

s.sch016

—For each year a local authority shall debit to the...

s.sch016

—Any surplus shown in a slum clearance revenue account at...

s.sch016

—A local authority may, with the consent of the Secretary...

s.sch016

—The Secretary of State may direct that items of income...

s.sch017

—The provisions of this Schedule shall have effect with respect...

s.sch017

—No advance shall be made unless the estate or interest...

s.sch017

—In this Schedule, any reference, in relation to an advance,...

s.sch017

—The advance, together with interest thereon, shall be secured by...

s.sch017

—The amount of the principal of the advance shall not...

s.sch017

—The heritable security shall provide for repayment of the principal—...

s.sch017

—It shall also provide for the payment of instalments of...

s.sch017

—In the event of any of the conditions subject to...

s.sch017

—That balance may in any event be repaid at any...

s.sch017

—Where the advance is for any of the purposes specified...

s.sch017

—The advance shall not be made except after a valuation...

s.sch019

—Subject to paragraphs 4 and 5, the local authority shall...

s.sch019

—If the local authority are satisfied that the breach of...

s.sch019

—If the local authority are satisfied that the breach although...

s.sch019

—Upon the satisfaction of a liability of an owner of...

s.sch019

—On the application of the local authority, the sheriff within...

s.sch019

(1) In any case where in pursuance of paragraph 4,...

s.sch019

—In the event of a breach of any of the...

s.sch019

—In this Schedule, “interest” means compound interest calculated at such...

s.sch020

In this Schedule, “the interest to be acquired” means the...

s.sch020

(1) For the purposes of this Schedule, the value of...

s.sch020

(1) Any question arising under this Schedule as to the...

s.sch020

—Where the interest to be acquired is or includes a...

s.sch020

—A person who is entitled to assistance by way of...

s.sch020

—The purchasing authority shall, within the period of three months...

s.sch020

—Where an offer to purchase is served on the person...

s.sch020

—A person so entitled who is aggrieved by the refusal...

s.sch020

—The person so entitled may at any time within the...

s.sch020

—The authority shall, if there are reasonable grounds for doing...

s.sch020

—An interest acquired by a local authority under this Part...

s.sch020

(1) The price payable for the acquisition of an interest...

s.sch021

—This Schedule applies in relation to a defective dwelling where...

s.sch021

—Where a person is already eligible for assistance in respect...

s.sch021

—Where a person is eligible for assistance in respect of...

s.sch021

—The following provisions of this Schedule apply where—

s.sch021

(1) The local authority shall, as soon as reasonably practicable,...

s.sch021

(1) This paragraph applies where it appears to the authority...

s.sch021

(1) This paragraph applies where a person entitled to assistance...

s.sch022

—The re-enactment of provisions in, and the consequent repeal of...

s.sch022

(1) The repeal by this Act of section 14 of...

s.sch022

—Any document made, served or issued on or after this...

s.sch022

—The repeal of section 24(1) of the Tenants’ Rights, Etc...

s.sch022

—Contributions remain payable by the Secretary of State under sections...

s.sch022

—In so far as— (a) any requirement, prohibition, determination, order...

s.sch022

—Where any enactment passed before this Act, or any instrument...

s.sch022

—Where any period of time specified in any enactment repealed...

s.sch022

(1) The general rule is that the provisions of this...

s.sch022

—Any person who at the commencement of this Act is...

s.sch022

—Notwithstanding the repeal by this Act of section 16(2) and...

s.sch022

—The repeal by this Act of a provision relating to...

s.sch022

(1) The repeal by this Act of an enactment previously...

s.sch023

—Any reference in any previous enactment to “standard amenities” as...

s.sch023

(1) In section 15(7), for paragraph (d) substitute the following...

s.sch023

—In section 46(1) (general interpretation), in the definition of “housing...

s.sch023

—In Schedule 4, for the words “78” and “1950” substitute...

s.sch023

(1) In section 6, subsection (6) shall cease to have...

s.sch023

—In Schedule 4— (a) in paragraph 83(1), for “II of...

s.sch023

—In Schedule 1, at the end insert in column 1...

s.sch023

—In section 3(2), for the words “VII”, “1966” and “137”...

s.sch023

(1) In section 27(1)(f), for the words “15(2) of the...

s.sch023

—Any reference in any previous enactment to “tolerable standard” as...

s.sch023

(1) In section 130— (a) in subsection (1), for the...

s.sch023

—In section 16(1)(ff), for the words “2 of the 1978...

s.sch023

—In section 8(7), for the words “Tenants’ Rights, Etc (Scotland)...

s.sch023

—In section 100(1)— (a) in paragraph (a), for the words...

s.sch023

(1) In section 152(1)(c), for the words “1 of the...

s.sch023

—In section 13(11), for the words “the Tenants’ Rights, Etc...

s.sch023

—In section 24(2), for the words “32(1)(b) of the Housing...

s.sch023

(1) In section 87(5), for the words “Part II of...

s.sch023

(1) In section 5(5), for the words “5 of the...

s.sch023

—In the Schedule, in paragraph 1A, for the words “Part...

s.sch023

(1) In section 76— (a) in subsection (1)(a), for the...

s.sch023

(1) In section 8(1), for the words “Part I of...

s.sch023

—In Schedule 2, paragraph 4, for the words “56” and...

s.sch023

—In the Sheriff Courts (Scotland) Act 1907, after section 38...

s.sch023

—In Schedule 5, in paragraph 1A, for the words “Part...

s.sch023

(1) In section 1(4) (duty of Board in respect of...

s.sch023

—In the Sixth Schedule, in paragraph 4(b)(ii), for the words...

s.sch023

—In section 30(2), for the words “181”, “1966” and “Part...

s.sch024

The following abbreviations are used in this Table: Acts of...

s.sch024

The Table does not show the effect of Transfer of...

s.sch024

The letter R followed by a number indicates that the...

s.sch024

The entry “drafting” indicates a provision of a mechanical or...

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