Tenants' Rights, Etc. (Scotland) Act 1980

1. Introductory Text

2. PART I Rights of Public Sector Tenants to Purchase the Dwelling-houses which they Occupy

   1. 1. Secure tenant's right to purchase

   2. 2. Procedure

   3. 3. Refusal of applications

   4. 4. Conditions of sale

   5. 5. Loans

   6. 6. Recovery of discount on early re-sale

   7. 7. Duties of landlords

   8. 8. Removal of restrictions on powers of local authorities to sell houses

   9. 9. Removal of restrictions on powers of registered housing associations to sell houses

3. PART II Rights of Public Sector Tenants to Security of Tenure Etc

   1. Security of tenure

      1. 10. Secure tenancies

      2. 11. Special provision for housing associations

      3. 12. Security of tenure

      4. 13. Succession to secure tenancy

      5. 14. Proceedings for possession

      6. 15. Powers of sheriff in proceedings

   2. Leases

      1. 16. Tenant's right to written lease

      2. 17. Variation of terms of secure tenancies

   3. Abandonment of secure tenancy

      1. 18. Rights of landlord where secure tenancy appears to have been abandoned

      2. 19. Re-possession

      3. 20. Tenant's right of recourse to sheriff

   4. Subletting

      1. 21. Subletting

      2. 22. Rent payable by subtenants

   5. Alterations etc. to dwelling-house

      1. 23. Landlord's consent to work

      2. 24. Reimbursement of cost of work

      3. 25. Effect of works on rent

4. PART III Miscellaneous Matters Relating to Public Sector Housing Authorities

   1. Allocation

      1. 26. Restriction on residential requirements

      2. 27. Publication of rules

   2. Abolition of reserve powers to limit rents

      1. 28. Repeal of provisions of Housing Rents and Subsidies (Scotland) Act 1975

   3. Home loans

      1. 29. Amendments relating to home loans by local authorities

      2. 30. Local authority home loan interest rates

      3. 31. Local authority and Housing Corporation indemnities for building societies etc.

      4. 32. Variation of exchequer contribution

5. PART IV Provisions Relating to Private Sector Tenancies

   1. Interpretation

      1. 33. Interpretation of Part IV

   2. Short tenancies

      1. 34. Short tenancies

      2. 35. Effect of tenancy being short tenancy

      3. 36. Conditions applying to landlord's right to recovery of possession

   3. Limits on rent increases

      1. 37. Limits on rent increases

      2. 38. Amendments to provisions relating to rent limits for dwelling-houses let by housing associations and the Housing Corporation

   4. Reserve and Auxiliary Forces (Protection of Civil Interests)

      1. 39. Amendment of Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

   5. Crown Tenants of Crown Estate Commissioners etc.

      1. 40. Extension of Rent (Scotland) Act 1971 to Crown tenants of Crown Estate Commissioners etc.

   6. Miscellaneous amendments of enactments relating to private sector tenancies

      1. 41. Amendment of enactments relating to housing associations

      2. 42. Prohibition of eviction without due process of law to apply to Part VII contracts

      3. 43. Amendment of sections 1 and 86 of the 1971 Act

      4. 44. Modifications of section 5A of the 1971 Act

      5. 45. Resident landlords

      6. 46. Conversion of all remaining controlled tenancies

      7. 47. Determination of fair rent

      8. 48. Effect of registration of rent

      9. 49. Repeal of provisions relating to increase of recoverable rent on account of improvements

      10. 50. Cancellation of registration

      11. 51. Cancellation of entries in register relating to Part VII contracts at instance of landlord

      12. 52. Transfer of functions of rent tribunals to rent assessment committees

      13. 53. Furnished lettings by certain bodies not to be Part VII contracts

      14. 54. Apportionment of rateable values for Part VII contracts

      15. 55. Notice to quit relating to Part VII contracts entered into after the commencement of Part IV

      16. 56. Succession to statutory tenancy

      17. 57. Returnable deposits not premiums

      18. 58. Extent of operation of section 119A of 1971 Act

      19. 59. Consent of tenant to carrying out of works

      20. 60. Landlord's consent to work

      21. 61. Amendment of section 21(2)(b) of the 1971 Act

      22. 62. Publication by local authorities of information as to rights

      23. 63. Recovery of possession of dwelling-house subject to regulated tenancy

      24. 64. Pensions etc. for Rent Assessment Panel

      25. 65. Increases in penalties for offences relating to houses in multiple occupation

6. PART V Miscellaneous

   1. Improvement grants

      1. 66. Availability of improvement grants

      2. 67. Conditions for approval of applications for improvement grants

      3. 68. Maximum approved expense for repair works associated with improvement

      4. 69. Availability for long term use

      5. 70. Abolition of power of Secretary of State to specify requirements in relation to repairs grants

      6. 71. Grants for provision of fixed bath or shower

      7. 72. Abolition of control over improvement orders

      8. 73. Amendment of definition of " prescribed " in Housing (Scotland) Act 1974

      9. 74. Discretion of court in cases relating to instalment purchase agreements

   2. Abolition of Scottish Housing Advisory Committee

      1. 75. Abolition of Scottish Housing Advisory Committee

      2. 76. Amendment of sections 17 and 145 of Housing (Scotland) Act 1966

      3. 77. Duty of local authority to have regard to amenities of locality etc.

      4. 78. Extension of rent allowances

      5. 79. Board excluded in calculating rent allowances

      6. 80. Extension of rent allowance scheme

      7. 81. Agreements for exercise by housing co-operatives of local authority housing functions

7. PART VI Supplementary

   1. 82. Interpretation of Parts I to III

   2. 83. Service of notices

   3. 84. Repeals

   4. 85. Public money

   5. 86. Citation, commencement and extent

8. SCHEDULES

   1. SCHEDULE 1

      Tenancies Which are not Secure Tenancies

      1. Long leases

         1. 1. A tenancy shall not be a secure tenancy if it...

      2. Premises occupied under contract of employment

         1. 2. (1) A tenancy shall not be a secure tenancy if...

      3. Temporary letting to person seeking accommodation

         1. 3. A tenancy shall not be a secure tenancy if the...

      4. Temporary letting pending development

         1. 4. A tenancy shall not be a secure tenancy if the...

      5. Temporary accommodation during works

         1. 5. A tenancy shall not be a secure tenancy if the...

      6. Accommodation for homeless persons

         1. 6. A tenancy shall not be a secure tenancy if the...

      7. Agricultural and business premises

         1. 7. A tenancy shall not be a secure tenancy if the...

   2. SCHEDULE 2

      Grounds for Recovery of Possession of Dwelling-Houses Let Under Secure Tenancies

      1. PART I Grounds on Which Court May Order Recovery of Possession

         1. 1. Rent lawfully due from the tenant has not been paid,...

         2. 2. The tenant (or any one of joint tenants) or any...

         3. 3. The condition of the dwelling-house or of any of the...

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

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

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

         7. 7. The tenant of the dwelling-house (or any one of joint...

         8. 8. The tenant of the dwelling-house (or any one of joint...

         9. 9. The dwelling-house is overcrowded, within the meaning of section 89...

         10. 10. The landlord intends within a reasonable period of time to...

         11. 11. The dwelling-house has been designed or adapted for occupation by...

         12. 12. The dwelling-house forms part of a group of dwelling-houses which...

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

         14. 14. The interest of the landlord in the dwelling house is...

      2. PART II Suitability of Accommodation

         1. 1. For the purposes of sections 15 and 20 of this...

         2. 2. In determining whether accommodation is reasonably suitable to the needs...

         3. 3. M the landlord has made an offer in writing to...

   3. SCHEDULE 3

      Terms of Secure Tenancy Relating to Subletting etc.

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

      2. 2. In relation to an application under paragraph 1 above, the...

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

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

      5. 5. In proceedings under paragraph 4 above, the sheriff shall order...

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

   4. SCHEDULE 4

      Terms of Secure Tenancy Relating to Alterations Etc. to Dwelling-House

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

      2. 2. In relation to an application under paragraph 1 above, the...

      3. 3. (a) The landlord shall intimate his consent or refusal, and...

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

      5. 5. In proceedings under paragraph 4 above, the sheriff shall order...

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

   5. SCHEDULE 5

      Repeals