| Guvnor

s.001 Duty of local authority to consider needs of their area for further housing accommodation. Regulated

Other duties (1) — Crown / regulator

Local authorities must assess housing needs and plan for disabled residentsLocal authority

s.006 Duty of local authority to have regard to amenities of locality, etc. Regulated

Other duties (1) — Crown / regulator

Local authorities must consider local amenities and aesthetics in housingLocal authority

s.016 Disposal of land for erection of churches, etc. Regulated

Other duties (1) — Crown / regulator

Local authorities must use a 'disposition' when transferring land for churchesLocal authority

s.017 General management and inspection of local authority’s houses. Regulated

Other duties (1) — Crown / regulator

Local authorities must manage and allow inspection of council housingLocal authority

s.017 Management plan. Regulated

Other duties (1) — Crown / regulator

Local authorities must submit housing management plans if requestedLocal authority

s.020 Persons to have priority on housing list and allocation of housing. Regulated

Social landlords must prioritise specific groups when allocating housingLandlord

s.020 Rules on priority of allocation of housing: consultation Regulated

Social landlords must consult before changing housing allocation rulesLandlord

s.021 Rules relating to the housing list and to transfer of tenants Regulated

Registered social landlords must publish housing allocation and transfer rulesLandlord

24 other sections in this Part — procedural and definitional

s.002 Powers of local authority to provide housing accommodation.

s.003 Power of local authority to provide shops, etc. , in connection with housing accommodation.

s.004 Power of local authority to provide furniture, etc.

s.005 Power of local authority to provide board and laundry facilities.

s.005 Power of local authority to provide welfare services.

s.005 Power to repeal provisions relating to welfare services.

s.007 Execution of works by local authority in connection with housing operations outside their area.

s.008 Adjustment of differences between local authorities as to carrying out of proposals for provision of housing accommodation.

s.009 Power of local authority to acquire land for, or in connection with, provision of housing accommodation.

s.010 Procedure for acquiring land.

s.011 Local authority may take possession of land to be acquired by agreement or appropriated for purposes of this Part.

s.012 Powers of dealing with land acquired or appropriated for purposes of this Part.

s.012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.013 Power of Secretary of State in certain cases to impose conditions on sale of local authority’s houses, etc.

s.014 Powers of local authorities to sell certain houses without consent of Secretary of State.

s.015 Power of local authority to enforce obligations against owner for time being of land.

s.017 Publication of information.

s.017 Power of Secretary of State to direct local authority.

s.018 Byelaws for regulation of local authority’s houses.

s.019 Admission to housing list

s.020 Determination of minimum period for application to remain in force

s.022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.023 Improvement of amenities of residential area by development corporations.

s.028 Inquiry into cases of possible homelessness or threatened homelessness. Regulated

Other duties (1) — Crown / regulator

Local authorities must investigate potential homelessness applicationsLocal authority

s.029 Interim duty to accommodate .... Regulated

Other duties (1) — Crown / regulator

Local authorities must provide interim accommodation for homeless applicantsLocal authority

s.031 Duties to persons found to be homeless. Regulated

Other duties (1) — Crown / regulator

Local authorities must secure accommodation for homeless applicantsLocal authority

s.032 Duties to persons found to be threatened with homelessness. Regulated

Other duties (1) — Crown / regulator

Local authorities must help people threatened with homelessnessLocal authority

s.032 Housing support: persons found to be homeless or threatened with homelessness Regulated

Other duties (1) — Crown / regulator

Local authorities must assess and provide housing support to homeless personsLocal authority

s.033 Statement on exercise of power to modify section 33 Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must publish criteria for local authority referralsCrown / Minister / Government department

s.035 Procedure on review Regulated

Other duties (1) — Crown / regulator

Local authorities must follow strict procedures for reviewing housing decisionsLocal authority

s.038 Co-operation between authorities. Regulated

Other duties (1) — Crown / regulator

Public authorities must cooperate on homelessness assistance requestsLocal authority

s.040 False statements, withholding information and failure to disclose change of circumstances. Prosecution

Provide false information or hide facts regarding homelessnessAny Person

Unlimited fine

25 other sections in this Part — procedural and definitional

s.024 Homeless persons and persons threatened with homelessness.

s.025 Priority need for accommodation.

s.026 Becoming homeless intentionally.

s.027 Meaning of “local connection”.

s.030 Notification of decision and reasons.

s.032 Power of the Scottish Ministers to modify application of sections 31 and 32

s.033 Referral of application to another local authority.

s.033 Power to modify section 33

s.034 Duties to persons whose applications are referred.

s.035 Supplementary provisions.

s.035 Right to request review of decision

s.036 Protection of property of homeless persons and persons threatened with homelessness.

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.037 Guidance to authorities by the Secretary of State.

s.039 Financial and other assistance for voluntary organisations concerned with homelessness.

s.040 Meaning of homelessness and threatened with homelessness

s.040 Power to modify provision about a person becoming homeless intentionally

s.041 Meaning of accommodation available for occupation.

s.042 Application of this Part to cases arising in England or Wales.

s.043 Minor definitions.

s.043 Power to modify the meaning of “relevant body”

64 other sections in this Part — procedural and definitional

s.044 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.045 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.046 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.047 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.048 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.049 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.050 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.051 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.052 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.053 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.054 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.055 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.056 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.057 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.058 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.059 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.060 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.061 Secure tenant’s right to purchase

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 The price.

s.062 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.063 Application to purchase and offer to sell.

s.063 Information to be prescribed

s.064 s.64

s.065 Variation of conditions.

s.066 Notice of acceptance.

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.067 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.068 Refusal of applications.

s.069 Secretary of State’s power to authorise refusal to sell certain houses provided for persons of pensionable age.

s.069 Power to refuse to sell houses required for police purposes

s.070 Power to refuse to sell certain houses required for educational purposes.

s.070 Authorisation of refusal to sell houses liable to demolition

s.071 Reference to Lands Tribunal.

s.072 Recovery of discount on early re-sale.

s.073 Cases where discount etc. is not recoverable.

s.073 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.074 Duties of landlords.

s.075 Agreements affecting right to purchase.

s.075 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.076 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.077 Secretary of State may make provision for vesting in landlord to bring into being tenant’s right to purchase house.

s.078 Secretary of State may give directions to modify conditions of sale.

s.079 Secretary of State may give financial and other assistance for tenants involved in proceedings.

s.080 Secretary of State may make contributions towards the cost of transfers and exchanges.

s.081 Information from landlords in relation to Secretary of State’s powers.

s.081 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.082 Interpretation of sections 14, 19 and 20

s.083 Members of a person’s family.

s.084 Service of notices.

s.084 Application of right to buy to cases where landlord is lessee.

s.085 General duty of local authority in respect of houses not meeting tolerable standard. Regulated

Other duties (1) — Crown / regulator

Local authorities must ensure sub-standard houses are repaired or closedLocal authority

s.107 Conditions may be attached to sale of below-standard local authority houses.

amended 1 time (opens in a new tab)

21 other sections in this Part — procedural and definitional

s.086 Definition of house meeting tolerable standard.

s.087 Official representation that house does not meet tolerable standard.

s.088 Improvement of houses below tolerable standard outside housing action areas.

s.089 Declaration of housing action areas for demolition.

s.090 Declaration of housing action areas for improvement.

s.091 Declaration of housing action areas for demolition and improvement.

s.092 Provisions supplementary to sections 89 to 91.

s.093 Consent to demolition of listed buildings, rehabilitation orders and compensation.

s.094 Functions of Secretary of State, and duty of local authority to publish information.

s.095 Further procedure, powers of local authority on acquisition of land, compensation and agricultural holdings.

s.096 Power of local authority to retain houses subject to demolition for temporary occupation.

s.097 Local authority may control occupation of houses in housing action area.

s.098 Obligation of local authorities in relation to rehousing in housing action areas.

s.099 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).

s.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).

s.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).

s.102 Procedure; and application of s.103(1) of Rent (Scotland) Act 1984.

s.103 Certain provisions of Rent (Scotland) Act 1984 not to apply.

s.104 Effect of refusal to make order on validity of resolution.

s.105 Exclusion of houses controlled by Crown.

s.106 Power of local authority to arrange for the execution of works of improvement by agreement with the owner.

6 other sections in this Part — procedural and definitional

s.108 Power of local authority to secure repair of house in state of serious disrepair.

s.109 Recovery by local authority of expenses under s.108.

s.110 Recovery by lessee of proportion of expenses incurred in repairing house.

s.111 Appeals under Part V.

s.112 Date of operation of notices, demands and orders subject to appeal.

s.113 Obligations to repair.

s.116 Revocation of closing and demolition order. Regulated

Other duties (1) — Crown / regulator

Local authority must revoke closing or demolition orders if standards are metLocal authority

s.118 Service. Regulated

Other duties (1) — Crown / regulator

Local authorities must serve official notices to all interested partiesLocal authority

s.119 Listed buildings and houses subject to building preservation orders. Regulated

Other duties (1) — Crown / regulator

Local authorities must issue closing orders instead of demolition orders for listed buildingsLocal authority

amended 2 times (opens in a new tab)

s.120 Powers of local authority in relation to building consisting wholly of closed houses.

amended 1 time (opens in a new tab)

s.121 Local authority may acquire and repair house or building liable to closing or demolition order. Regulated

Other duties (1) — Crown / regulator

Local authority must repair and maintain acquired houses for housing useLocal authority

s.122 Penalty for use of premises in contravention of closing order or of undertaking. Imprisonment

Use premises subject to a closing order for housingAny Person

s.123 Procedure where demolition order made. Regulated

Demolish building following a demolition orderTrader

s.124 Power of local authority to purchase site of demolished building where expenses of demolition cannot be recovered.

amended 1 time (opens in a new tab)

s.125 Local authority may by resolution require demolition of obstructive building. Prosecution

Fail to provide mortgage holder details for an obstructive buildingAny Person

Fine up to £200 · amended 2 times (opens in a new tab)

s.128 Recovery of possession of house subject to statutorily regulated tenancy

amended 4 times (opens in a new tab)

s.132 Protection of superiors and owners.

amended 1 time (opens in a new tab)

s.134 Saving for telecommunication and gas apparatus. Regulated

Other duties (1) — Crown / regulator

Local authorities must follow telecom and gas safety codes during worksLocal authority

9 other sections in this Part — procedural and definitional

s.114 Closing order.

s.115 Demolition order.

s.117 Undertakings to bring up to tolerable standard and suspension order.

s.126 Effect of resolution for demolition of obstructive building.

s.127 Recovery of possession of building or house subject to closing order, etc.

s.129 Appeals.

s.130 Date of operation of notices, orders or resolutions subject to appeal.

s.131 Power of local authority to make charging order in favour of themselves.

s.133 Interpretation.

s.139 Penalty for occupier causing or permitting overcrowding. Prosecution

Allow overcrowding in a residential propertyOccupier

Fine up to £200

s.144 Offence by landlord not to inform prospective tenant of permitted number of occupants. Prosecution

Fail to inform tenant of permitted occupancy numbersLandlord

Fine up to £200

s.145 Recovery of possession of overcrowded house that is let. Regulated

Termination of tenancy due to overcrowdingLandlord

amended 3 times (opens in a new tab)

s.146 Duty of local authority to inspect district and to make reports and proposals as to overcrowding. Regulated

Other duties (1) — Crown / regulator

Local authorities must inspect for overcrowding and propose housing solutionsLocal authority

s.147 Power to require information about persons sleeping in house. Prosecution

Fail to provide information on house occupantsOccupier

Fine up to £200

s.148 Duty to give information to landlords and occupiers. Regulated

Other duties (1) — Crown / regulator

Local authorities must inform landlords and occupiers of overcrowding limitsLocal authority

s.150 Duty to enforce this Part. Regulated

Other duties (1) — Crown / regulator

Local authorities must enforce housing standards and overcrowding rulesLocal authority

10 other sections in this Part — procedural and definitional

s.135 Definition of overcrowding.

s.136 The room standard.

s.137 The space standard.

s.138 Secretary of State may increase permitted number of persons temporarily.

s.140 Exception: children attaining age of 1 or 10.

s.141 Exception: temporary visitor.

s.142 Licence of local authority.

s.143 Exception: holiday visitors.

s.149 Power to publish information.

s.151 Interpretation and application.

s.155 Power to require information for purposes of scheme.

amended 1 time (opens in a new tab)

s.175 Protection of superiors and owners.

amended 2 times (opens in a new tab)

s.177 Statutory tenant to be regarded as lessee, etc.

amended 1 time (opens in a new tab)

s.179 General effect of control order.

amended 2 times (opens in a new tab)

s.180 Effect of control order on persons occupying house.

amended 3 times (opens in a new tab)

s.186 Appeal against control order.

amended 2 times (opens in a new tab)

s.190 Interpretation of Part VIII.

amended 1 time (opens in a new tab)

32 other sections in this Part — procedural and definitional

s.152 Registration schemes.

s.153 Steps to inform the public about scheme.

s.154 Proof of scheme and contents of register.

s.156 Power of Secretary of State to make management code.

s.157 Power of local authority to apply management code to particular house.

s.158 Appeal against making of, or failure to revoke, order under s.157.

s.159 Registration of order and of revocation.

s.160 Notice requiring compliance with management code.

s.161 Notice requiring compliance with standards.

s.162 Notice requiring provision of means of escape from fire.

s.163 Appeal against notice requiring execution of works.

s.164 Carrying out of works by local authority.

s.165 Penalty for failure to execute works.

s.166 Local authority may give directions to prevent or reduce overcrowding in house in multiple occupation.

s.167 Notice of direction.

s.168 Power to require information where notice is in force.

s.169 Revocation and variation.

s.170 Appeal against refusal.

s.171 Application of sections 156 to 161 to certain buildings comprising separate dwellings.

s.172 Management code to be available for dwellings in certain tenements.

s.173 Warrant to authorise entry.

s.174 Application to sheriff where consent unreasonably withheld.

s.176 Identity and notice under Part VIII.

s.178 Making of control order.

s.181 Effect of control order in relation to furniture in furnished lettings.

s.182 General duties of local authority when control order in force.

s.183 Compensation payable to dispossessed proprietor.

s.184 Duty to prepare management scheme.

s.185 Power of sheriff to modify or determine lease.

s.187 Control order revoked on appeal.

s.188 Expiration of control order, and earlier revocation by local authority or sheriff.

s.189 Effect of cessation of control order.

s.191 Housing support grants: fixing of aggregate amount.

amended 1 time (opens in a new tab)

s.199 Termination of certain exchequer payments to housing authorities. Regulated

Other duties (1) — Crown / regulator

Government must terminate specific housing exchequer paymentsCrown / Minister / Government department

10 other sections in this Part — procedural and definitional

s.192 Apportionment of housing support grants.

s.193 Variation of orders.

s.194 Grants payable to the Scottish Special Housing Association and development corporations.

s.195 Grants for affording tax relief to Scottish Special Housing Association.

s.196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.197 Financial assistance to voluntary organisations concerned with housing.

s.198 Payment of grants and accounting provisions.

s.200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.201 Payment of subsidies and accounting provisions.

s.202 Power of Secretary of State to reduce, suspend, discontinue or transfer particular Exchequer contributions.

s.203 The housing revenue account.

amended 3 times (opens in a new tab)

s.204 Power of Secretary of State to limit estimated rate fund contributions to housing revenue account. Regulated

Other duties (1) — Crown / regulator

Local authorities must limit housing fund contributions and submit estimatesLocal authority

s.205 The rent rebate account. Regulated

Other duties (1) — Crown / regulator

Local authorities must maintain and balance a rent rebate accountLocal authority

s.206 The rent allowance account. Regulated

Other duties (1) — Crown / regulator

Local authorities must maintain and balance a rent allowance accountLocal authority

s.208 Application of receipts from disposal of certain land. Regulated

Other duties (1) — Crown / regulator

Local authorities must use land sale proceeds for specific housing purposesLocal authority

2 other sections in this Part — procedural and definitional

s.207 The slum clearance revenue account.

s.209 Adjustment of accounts on appropriation of land.

s.212 Rent increase notice.

amended 4 times (opens in a new tab)

3 other sections in this Part — procedural and definitional

s.210 Rents for public sector housing.

s.211 Service charges.

s.213 Removal notice.

s.214 Power of local authority to make advances for the purpose of increasing housing accommodation.

amended 2 times (opens in a new tab)

s.215 Requirements as to meeting tolerable standard.

amended 1 time (opens in a new tab)

s.216 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

amended 1 time (opens in a new tab)

s.217 Duty of local authorities to offer loans to meet expenses of improvement of houses in housing action areas.

amended 1 time (opens in a new tab)

s.218 Duty of local authority to offer loans to meet expenses of repairs.

amended 1 time (opens in a new tab)

s.219 Local authority home loan interest rates.

amended 1 time (opens in a new tab)

s.220 Variation of rate by local authority. Regulated

Other duties (1) — Crown / regulator

Local authorities must notify borrowers of home loan interest rate changesLocal authority

s.229 Local authority indemnities for building societies, etc.

amended 2 times (opens in a new tab)

s.231 Local loans made by the Treasury for provision or improvement of housing accommodation.

amended 4 times (opens in a new tab)

s.233 Power of local authority to assist in provision of separate service water pipes for houses.

amended 1 time (opens in a new tab)

s.235 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

amended 1 time (opens in a new tab)

10 other sections in this Part — procedural and definitional

s.221 Variation of rate by Secretary of State.

s.222 Advances to recognised lending institutions to assist first-time buyers.

s.223 Forms of assistance and qualifying conditions.

s.224 Recognised lending institutions.

s.225 Recognised savings institutions.

s.226 Terms of advances and administration.

s.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.

s.228 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.230 Assistance by local authority for acquiring houses in need of repair and improvement.

s.234 Financial assistance towards tenants’ removal expenses.

s.236 Power of local authorities to make improvement grants.

amended 5 times (opens in a new tab)

s.236 Power to make improvement grants: further provision

amended 5 times

s.237 Form of application.

amended 3 times (opens in a new tab)

s.237 Offences in relation to applications for improvement grant

amended 3 times

s.238 Powers of local authority.

amended 2 times (opens in a new tab)

s.240 Conditions for approval of applications for improvement grant other than applications relating exclusively to the provision of standard amenities.

amended 5 times (opens in a new tab)

s.240 Assessment of applicant’s contribution

amended 5 times

s.240 Applicant’s contribution: review

amended 5 times

s.241 Approval of application for improvement grant.

amended 1 time (opens in a new tab)

s.242 Amount of improvement grant.

amended 8 times (opens in a new tab)

s.243 Payment of improvement grant.

amended 1 time (opens in a new tab)

s.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.

amended 10 times (opens in a new tab)

s.246 Conditions to be observed with respect to houses in respect of which an improvement grant has been made, and registration thereof.

amended 1 time (opens in a new tab)

s.247 Voluntary repayment of improvement grants.

amended 1 time (opens in a new tab)

s.248 Repairs grants.

amended 5 times (opens in a new tab)

s.249 Grants for fire escapes for houses in multiple occupation.

amended 11 times (opens in a new tab)

s.250 Application of this Part to houses situated in a housing action area and power of local authority to give repairs grants in such areas and amount thereof.

amended 3 times (opens in a new tab)

s.250 Encouragement of works to improve energy efficiency and safety

amended 3 times

s.251 Powers of local authority for improvement of amenities.

amended 1 time (opens in a new tab)

s.256 Application of this Part to agricultural tenants, etc.

amended 3 times (opens in a new tab)

s.256 Application of this Part to the Scottish Ministers

amended 3 times

5 other sections in this Part — procedural and definitional

s.239 Consent of Secretary of State.

s.239 Power of Secretary of State to give directions to prevent duplications of grant.

s.245 Grants restricted to applicant and his personal representatives.

s.252 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.254 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.276 Repurchase by authority other than local authority.

amended 2 times (opens in a new tab)

s.281 Effect of repurchase on certain existing tenancies.

amended 1 time (opens in a new tab)

s.282 Grant of tenancy to former owner-occupier.

amended 2 times (opens in a new tab)

s.283 Grant of tenancy to former statutory tenant.

amended 2 times (opens in a new tab)

s.286 Interpretation of ss.281 to 285.

amended 1 time (opens in a new tab)

s.300 Meaning of “public sector authority”.

amended 3 times (opens in a new tab)

40 other sections in this Part — procedural and definitional

s.257 Designation of defective dwellings by Secretary of State.

s.258 Variation or revocation of designation.

s.259 Conditions of eligibility.

s.260 Exceptions to eligibility.

s.261 Construction of references to disposal, etc.

s.262 Application for assistance.

s.263 Application not to be entertained where grant application pending or approved.

s.264 Determination of eligibility.

s.265 Determination of form of assistance to which applicant is entitled.

s.266 Conditions for assistance by way of reinstatement grant.

s.267 Meaning of “work required for reinstatement” and “associated arrangement”.

s.268 Notice of determination.

s.269 Reinstatement grant.

s.270 Conditions of payment of reinstatement grant.

s.271 Amount of reinstatement grant.

s.272 Changes in work or expenditure.

s.273 Payment of reinstatement grant.

s.274 Repayment of grant for breach of condition.

s.275 Repurchase.

s.277 Interest subject to right of pre-emption, etc.

s.278 Compulsory purchase compensation to be made up to 95 per cent. of defect-free value.

s.279 Supplementary provisions as to payments under s.277 or 278.

s.280 Reimbursement of expenses incidental to repurchase.

s.284 Alternative accommodation under s.282 or 283.

s.285 Request for tenancy under s.282 or 283.

s.287 Designation of defective dwellings under local schemes.

s.288 Variation or revocation of designation under local schemes.

s.289 Secretary of State’s control over designation, variation or revocation.

s.290 Duty of local housing authority to publicise availability of assistance.

s.291 Duties of public sector authority disposing of defective dwelling.

s.292 Reinstatement of defective dwelling by local authority.

s.293 Death of person eligible for assistance, etc.

s.294 Dwellings included in more than one designation.

s.295 Application of Act in relation to lenders on security of defective dwelling.

s.296 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.298 Service of notices.

s.299 Jurisdiction of sheriff in Scotland.

s.301 Disposal of certain Crown interests in land treated as disposal by public sector authority.

s.302 Meaning of “dwelling” and “house”.

s.303 Interpretation.

s.304 Payments in respect of well-maintained houses subject to closing orders etc. Regulated

Other duties (1) — Crown / regulator

Local authorities must pay for well-maintained houses that are closed or demolishedLocal authority

s.307 Repayment of payments made in connection with closing or demolition order when revoked. Regulated

Repay housing grants if a demolition or closing order is cancelledAny Person

s.308 Right to and amount of payments for house not meeting tolerable standard. Regulated

Other duties (1) — Crown / regulator

Local authorities must pay compensation for substandard housing acquisitionsLocal authority

amended 1 time (opens in a new tab)

s.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.

amended 1 time (opens in a new tab)

s.310 Provisions as to house subject to heritable security or purchased by instalments.

amended 1 time (opens in a new tab)

s.311 Interpretation of sections 308 to 310.

amended 3 times (opens in a new tab)

3 other sections in this Part — procedural and definitional

s.305 Payments in respect of well-maintained houses subject to compulsory purchase as not meeting the tolerable standard.

s.306 Calculation of amount payable for well- maintained houses.

s.312 Payment of purchase money or compensation by one local authority to another.

s.313 Byelaws with respect to houses in multiple occupation.

amended 2 times (opens in a new tab)

s.316 Confirmation of byelaws. Regulated

Other duties (1) — Crown / regulator

Secretary of State must confirm local housing byelawsCrown / Minister / Government department

s.318 Penalty for obstructing execution of Act. Prosecution

Obstructing an officer in the execution of the Housing ActAny Person

Fine up to £1,000

s.319 Penalty for preventing execution of works, etc. Prosecution

Preventing authorized housing works or inspectionsOccupier

Fine up to £1,000 · amended 1 time (opens in a new tab)

s.320 Penalty for damage to houses, etc. Prosecution

Damage or neglect social housing propertyAny Person

Fine up to £200

s.321 Liability of directors, etc. in case of offence by body corporate. Imprisonment

Personal liability of directors and officers for company housing offencesDirector or Officer

s.325 Occupier or tenant may be required to state interest. Prosecution

Fail to provide property ownership or interest details to a local authorityOccupier

Fine up to £200

s.327 Disclosure of landlord’s identity. Prosecution

Fail to disclose landlord’s identity upon requestLandlord

Fine up to £2,500

s.328 Duty to inform tenant of assignation of landlord’s interest. Prosecution

Fail to notify tenant of property ownership transferLandlord

Fine up to £2,500

s.334 Power of heir of entail to sell land for housing purposes.

amended 1 time (opens in a new tab)

s.338 Interpretation.

amended 26 times (opens in a new tab)

17 other sections in this Part — procedural and definitional

s.314 Byelaws with respect to accommodation for agricultural workers.

s.315 Byelaws with respect to accommodation for seasonal workers.

s.317 Power of entry for survey, etc.

s.322 Sheriff may determine lease in certain cases.

s.323 Sheriff may authorise superior to execute works, etc.

s.324 Procedure on applications and appeals to sheriff.

s.326 Service by description on certain persons whose identity is unknown and on a number of persons of one description.

s.329 Power of Secretary of State in event of failure of local authority to exercise powers.

s.330 Power of Secretary of State to prescribe forms, etc.

s.331 Regulations: procedure.

s.332 Secretary of State’s power to dispense with advertisements and notices.

s.333 Local inquiries.

s.335 Crown rights.

s.336 Limitation on liability of trustee etc. for expenses incurred by local authority.

s.337 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.339 Minor and consequential amendments, transitional provisions and repeals.

s.340 Citation, commencement and extent.

s.sch001 RULES AS TO ASSESSMENT OF COMPENSATION WHERE LAND PURCHASED COMPULSORILY IN CERTAIN CIRCUMSTANCES Regulated

Other duties (1) — Crown / regulator

Lands Tribunal must calculate compensation based on legal use and occupancyTribunal / Court

s.sch003 GROUNDS FOR RECOVERY OF POSSESSION OF HOUSES LET UNDER SECURE TENANCIES Regulated

Cause overcrowding in a secure tenancy houseOccupier

s.sch005 TERMS OF SECURE TENANCY RELATING TO ALTERATIONS, ETC TO HOUSE Regulated

Landlords must respond to tenant alteration requests within one monthLandlord

s.sch009 RECOVERY OF EXPENSES BY CHARGING ORDER Regulated

Other duties (1) — Crown / regulator

Local authorities may issue charging orders to recover repair expensesLocal authority

s.sch009 The local authority must— (a) determine— (i) the term of... Regulated

Other duties (1) — Crown / regulator

Local authority must determine charging order terms and notify ownerLocal authority

s.sch009 A charging order must provide— (a) that the annuity is... Regulated

Include debt recovery terms in a charging order for annuity paymentsAny Person

233 other schedules

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 TENANCIES WHICH ARE NOT SECURE TENANCIES

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

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 TERMS OF SECURE TENANCY RELATING TO SUBLETTING, ETC.

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 VESTING ORDER UNDER SECTION 77: MODIFICATION OF ENACTMENTS

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 CONSENT TO DEMOLITION OF LISTED BUILDINGS IN HOUSING ACTION AREAS, ETC.

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 HOUSING ACTION AREAS

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 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 LANDLORD’S REPAIRING OBLIGATIONS

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 HOUSES IN MULTIPLE OCCUPATION: CONTROL ORDERS

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 TERMINATION OF EXCHEQUER PAYMENTS TO LOCAL AUTHORITIES AND CERTAIN PERIODICAL PAYMENTS TO OTHER PERSONS

s.sch012 (1) No payment shall be made— (a) for the year...

s.sch012 Table

s.sch013 ENACTMENTS SPECIFYING EXCHEQUER CONTRIBUTIONS

s.sch014 ENACTMENTS SPECIFYING EXCHEQUER CONTRIBUTIONS THAT MAY BE REDUCED, SUSPENDED OR DISCONTINUED

s.sch015 THE HOUSING REVENUE ACCOUNT

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 THE SLUM CLEARANCE REVENUE ACCOUNT

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 CONDITIONS RELATING TO HOUSE LOANS

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.sch018 STANDARD AMENITIES

s.sch019 CONSEQUENCES OF BREACH OF CONDITIONS OF IMPROVEMENT GRANT

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 ASSISTANCE BY WAY OF REPURCHASE

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 DWELLINGS INCLUDED IN MORE THAN ONE DESIGNATION

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 TRANSITIONAL PROVISIONS AND SAVINGS

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 MINOR AND CONSEQUENTIAL AMENDMENTS

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 REPEALS

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...

1 other provision

sch. 3 para. 3 sch. 3 para. 3

Housing (Scotland) Act 1987

Does it bind you?

Other Acts binding the same actors

What it requires

PROVISION OF HOUSING

HOMELESS PERSONS

RIGHTS OF PUBLIC SECTOR TENANTS

SUB-STANDARD HOUSES

REPAIR OF HOUSES

CLOSING AND DEMOLITION ORDERS

OVERCROWDING

HOUSES IN MULTIPLE OCCUPATION

GOVERNMENT GRANTS AND SUBSIDIES

HOUSING ACCOUNTS OF LOCAL AUTHORITIES

RENTS AND SERVICE CHARGES

HOUSE LOANS AND OTHER FINANCIAL ASSISTANCE

LOCAL AUTHORITY GRANTS FOR IMPROVEMENT, REPAIR AND CONVERSION

ASSISTANCE FOR OWNERS OF DEFECTIVE HOUSING

COMPENSATION PAYMENTS

GENERAL AND MISCELLANEOUS

Schedules