Housing (Scotland) Act 1987
PART I PROVISION OF HOUSING
Duties and powers of local authorities
1 Duty of local authority to consider needs of their area for further housing accommodation.
2 Powers of local authority to provide housing accommodation.
3 Power of local authority to provide shops, etc., in connection with housing accommodation.
4 Power of local authority to provide furniture, etc.
5 Power of local authority to provide board and laundry facilities.
5A Power of local authority to provide welfare services.
5B Power to repeal provisions relating to welfare services.
6 Duty of local authority to have regard to amenities of locality, etc.
7 Execution of works by local authority in connection with housing operations outside their area.
8 Adjustment of differences between local authorities as to carrying out of proposals for provision of housing accommodation.
Acquisition and disposal of land
9 Power of local authority to acquire land for, or in connection with, provision of housing accommodation.
10 Procedure for acquiring land.
11 Local authority may take possession of land to be acquired by agreement or appropriated for purposes of this Part.
12Powers of dealing with land acquired or appropriated for purposes of this Part.
12A Consent of Secretary of State required for certain subsequent disposals.
13 Power of Secretary of State in certain cases to impose conditions on sale of local authority’s houses, etc.
14 Powers of local authorities to sell certain houses without consent of Secretary of State.
15 Power of local authority to enforce obligations against owner for time being of land.
16 Disposal of land for erection of churches, etc.
Management and allocation of local authority’s houses
17 General management and inspection of local authority’s houses.
Standards and performance in housing management
17A Publication of information.
17B Power of Secretary of State to direct local authority.
17C Management plan.
18 Byelaws for regulation of local authority’s houses.
19 Admission to housing list
20 Persons to have priority on housing list and allocation of housing.
20ARules on priority of allocation of housing: consultation
20BDetermination of minimum period for application to remain in force
21 Rules relating to the housing list and to transfer of tenants
Housing co-operatives
22 Agreements for exercise by housing co-operatives of local authority housing functions.
22A Management agreements with housing co-operatives.
Powers of Scottish Special Housing Association
23 Improvement of amenities of residential area by development corporations.
PART II HOMELESS PERSONS
Main definitions
24 Homeless persons and persons threatened with homelessness.
25 Priority need for accommodation.
26 Becoming homeless intentionally.
27 Meaning of “local connection”.
Duties of local authorities with respect to homelessness and threatened homelessness
28 Inquiry into cases of possible homelessness or threatened homelessness.
29 Interim duty to accommodate ....
30 Notification of decision and reasons.
31 Duties to persons found to be homeless.
32 Duties to persons found to be threatened with homelessness.
32A Power of the Scottish Ministers to modify application of sections 31 and 32
32BHousing support: persons found to be homeless or threatened with homelessness
33 Referral of application to another local authority.
33APower to modify section 33
33BStatement on exercise of power to modify section 33
34 Duties to persons whose applications are referred.
35 Supplementary provisions.
35A Right to request review of decision
35B Procedure on review
36 Protection of property of homeless persons and persons threatened with homelessness.
Administrative provisions
37 Guidance to authorities by the Secretary of State.
38 Co-operation between authorities.
Assistance for voluntary organisations
39 Financial and other assistance for voluntary organisations concerned with homelessness.
Supplementary provisions
40 False statements, withholding information and failure to disclose change of circumstances.
41 Meaning of accommodation available for occupation.
42 Application of this Part to cases arising in England or Wales.
43 Minor definitions.
PART III RIGHTS OF PUBLIC SECTOR TENANTS
Security of tenure
44 Secure tenancies.
45 Special provision for housing associations.
46 Restriction on termination of secure tenancy.
47 Proceedings for possession.
48 Powers of sheriff in proceedings.
49 Rights of landlord where a secure tenancy appears to have been abandoned.
50 Repossession.
51 Tenant’s right of recourse to sheriff.
Succession
52 Succession to secure tenancy.
Leases
53 Tenant’s right to written lease.
54 Restriction on variation of terms of secure tenancies.
Subletting
55 No subletting by secure tenant without landlord’s consent.
56 Rent payable by subtenants.
Repairs and improvements
57 Landlord’s consent to work.
58 Reimbursement of cost of work.
58A Right to compensation for improvements.
59 Effect of works on rent.
60 Scheme giving tenant a right to carry out repairs.
Right to buy
61 Secure tenant’s right to purchase
61ZALimitation on right to purchase: new tenants
61A Limitation on right to purchase from registered social landlords
61B Limitation on right to purchase: pressured areas
61C Pressured area proposals: procedure
61D Limitation on right to purchase: arrears of rent, council tax etc.
61E Limitation on right to purchase: conduct
61FLimitation on right to purchase: new supply social housing
62 The price.
62A Eligibility for rent to loan scheme.
Procedure
63 Application to purchase and offer to sell.
63AInformation to be prescribed
64
65 Variation of conditions.
66 Notice of acceptance.
66A Abatement of purchase price on landlord’s failure before contract of sale.
66BAbatement of purchase price on landlord’s failure after contract of sale.
66CProvisions relating to sections 66A and 66B.
67 Fixed price option.
68 Refusal of applications.
Houses provided for special purposes
69 Secretary of State’s power to authorise refusal to sell certain houses provided for persons of pensionable age.
69APower to refuse to sell houses required for police purposes
70 Power to refuse to sell certain houses required for educational purposes.
Houses liable to demolition
70A Authorisation of refusal to sell houses liable to demolition
Lands Tribunal
71 Reference to Lands Tribunal.
Recoverability of discount
72 Recovery of discount on early re-sale.
73 Cases where discount etc. is not recoverable .
Rent to loan scheme
73A The rent to loan scheme.
73B The initial capital payment.
73C The deferred financial commitment.
73D Deferred financial commitment: further provisions.
74 Duties of landlords.
75 Agreements affecting right to purchase.
75A Duty of local authority landlord to provide information about right to buy.
76 Duty of landlords to provide information to secure tenants.
Powers of Secretary of State
77 Secretary of State may make provision for vesting in landlord to bring into being tenant’s right to purchase house.
78 Secretary of State may give directions to modify conditions of sale.
79 Secretary of State may give financial and other assistance for tenants involved in proceedings.
80 Secretary of State may make contributions towards the cost of transfers and exchanges.
81 Information from landlords in relation to Secretary of State’s powers.
Preservation of right to buy on disposal to private sector landlord
81A Preservation of right to buy on disposal to private sector landlord.
Consultation before disposal to private sector landlord
81B Consultation before disposal to private sector landlord.
General
82 Interpretation of sections 14, 19 and 20
83Members of a person’s family.
84 Service of notices.
84A Application of right to buy to cases where landlord is lessee.
PART IV SUB-STANDARD HOUSES
The tolerable standard
85 General duty of local authority in respect of houses not meeting tolerable standard.
86 Definition of house meeting tolerable standard.
87 Official representation that house does not meet tolerable standard.
Improvement order
88 Improvement of houses below tolerable standard outside housing action areas.
Housing action areas
89 Declaration of housing action areas for demolition.
90 Declaration of housing action areas for improvement.
91 Declaration of housing action areas for demolition and improvement.
92 Provisions supplementary to sections 89 to 91.
93 Consent to demolition of listed buildings, rehabilitation orders and compensation.
Powers of Secretary of State
94 Functions of Secretary of State, and duty of local authority to publish information.
Powers of local authority
95 Further procedure, powers of local authority on acquisition of land, compensation and agricultural holdings.
96 Power of local authority to retain houses subject to demolition for temporary occupation.
97 Local authority may control occupation of houses in housing action area.
98 Obligation of local authorities in relation to rehousing in housing action areas.
Landlords and tenants in housing action areas
99 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).
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).
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).
102 Procedure; and application of s.103(1) of Rent (Scotland) Act 1984.
103 Certain provisions of Rent (Scotland) Act 1984 not to apply.
104 Effect of refusal to make order on validity of resolution.
Miscellaneous
105 Exclusion of houses controlled by Crown.
106 Power of local authority to arrange for the execution of works of improvement by agreement with the owner.
107 Conditions may be attached to sale of below-standard local authority houses.
PART V REPAIR OF HOUSES
Repair notices
108 Power of local authority to secure repair of house in state of serious disrepair.
109 Recovery by local authority of expenses under s.108.
110 Recovery by lessee of proportion of expenses incurred in repairing house.
Appeals etc.
111 Appeals under Part V.
112 Date of operation of notices, demands and orders subject to appeal.
Landlord and tenant
113 Obligations to repair.
PART VI CLOSING AND DEMOLITION ORDERS
Powers of local authority
114 Closing order.
115 Demolition order.
116 Revocation of closing and demolition order.
117 Undertakings to bring up to tolerable standard and suspension order.
118 Service.
119 Listed buildings and houses subject to building preservation orders.
120 Powers of local authority in relation to building consisting wholly of closed houses.
121 Local authority may acquire and repair house or building liable to closing or demolition order.
Offences
122 Penalty for use of premises in contravention of closing order or of undertaking.
Powers of local authority following demolition order
123 Procedure where demolition order made.
124 Power of local authority to purchase site of demolished building where expenses of demolition cannot be recovered.
Demolition of obstructive buildings
125 Local authority may by resolution require demolition of obstructive building.
126 Effect of resolution for demolition of obstructive building.
Possession
127 Recovery of possession of building or house subject to closing order, etc.
128 Recovery of possession of house subject to statutorily regulated tenancy
Appeals and date of operation of certain notices, etc.
129 Appeals.
130 Date of operation of notices, orders or resolutions subject to appeal.
Charging orders
131 Power of local authority to make charging order in favour of themselves.
Supplementary
132 Protection of superiors and owners.
133 Interpretation.
Saving
134 Saving for telecommunication and gas apparatus.
PART VII OVERCROWDING
Definition of overcrowding
135 Definition of overcrowding.
136 The room standard.
137 The space standard.
Powers of Secretary of State
138 Secretary of State may increase permitted number of persons temporarily.
Responsibility of occupier
139 Penalty for occupier causing or permitting overcrowding.
140 Exception: children attaining age of 1 or 10.
141 Exception: temporary visitor.
142 Licence of local authority.
143 Exception: holiday visitors.
Powers and duties of landlord
144 Offence by landlord not to inform prospective tenant of permitted number of occupants.
145 Recovery of possession of overcrowded house that is let.
Powers and duties of local authority
146 Duty of local authority to inspect district and to make reports and proposals as to overcrowding.
147 Power to require information about persons sleeping in house.
148 Duty to give information to landlords and occupiers.
149 Power to publish information.
150 Duty to enforce this Part.
151 Interpretation and application.
PART VIII HOUSES IN MULTIPLE OCCUPATION
Registration schemes
152 Registration schemes.
153 Steps to inform the public about scheme.
154 Proof of scheme and contents of register.
155 Power to require information for purposes of scheme.
Management code
156 Power of Secretary of State to make management code.
157 Power of local authority to apply management code to particular house.
158 Appeal against making of, or failure to revoke, order under s.157.
159 Registration of order and of revocation.
Powers of local authority to require works to be done
160 Notice requiring compliance with management code.
161 Notice requiring compliance with standards.
162 Notice requiring provision of means of escape from fire.
163 Appeal against notice requiring execution of works.
164 Carrying out of works by local authority.
165 Penalty for failure to execute works.
Overcrowding
166 Local authority may give directions to prevent or reduce overcrowding in house in multiple occupation.
167 Notice of direction.
168 Power to require information where notice is in force.
169 Revocation and variation.
170 Appeal against refusal.
Supplementary
171 Application of sections 156 to 161 to certain buildings comprising separate dwellings.
172 Management code to be available for dwellings in certain tenements.
173 Warrant to authorise entry.
174 Application to sheriff where consent unreasonably withheld.
175 Protection of superiors and owners.
176 Identity and notice under Part VIII.
177 Statutory tenant to be regarded as lessee, etc.
Control orders
178 Making of control order.
179 General effect of control order.
180 Effect of control order on persons occupying house.
181 Effect of control order in relation to furniture in furnished lettings.
182 General duties of local authority when control order in force.
183 Compensation payable to dispossessed proprietor.
184 Duty to prepare management scheme.
185 Power of sheriff to modify or determine lease.
Appeals
186 Appeal against control order.
187 Control order revoked on appeal.
Expiration and revocation of control order, Et ceteralaetc
188 Expiration of control order, and earlier revocation by local authority or sheriff.
189 Effect of cessation of control order.
190 Interpretation of Part VIII.
PART IX GOVERNMENT GRANTS AND SUBSIDIES
Housing support grants to local authorities
191 Housing support grants: fixing of aggregate amount.
192 Apportionment of housing support grants.
193 Variation of orders.
Grants to the Scottish Special Housing Association and other bodies
194 Grants payable to the Scottish Special Housing Association and development corporations.
195 Grants for affording tax relief to Scottish Special Housing Association.
196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
197 Financial assistance to voluntary organisations concerned with housing.
Payment of grants
198 Payment of grants and accounting provisions.
199 Termination of certain exchequer payments to housing authorities.
200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payment of subsidies
201 Payment of subsidies and accounting provisions.
Secretary of State’s power to vary Exchequer contributions
202 Power of Secretary of State to reduce, suspend, discontinue or transfer particular Exchequer contributions.
PART X HOUSING ACCOUNTS OF LOCAL AUTHORITIES
203 The housing revenue account.
204 Power of Secretary of State to limit estimated rate fund contributions to housing revenue account.
205 The rent rebate account.
206 The rent allowance account.
207 The slum clearance revenue account.
208 Application of receipts from disposal of certain land.
209 Adjustment of accounts on appropriation of land.
PART XI RENTS AND SERVICE CHARGES
210 Rents for public sector housing.
211 Service charges.
212 Rent increase notice.
213 Removal notice.
PART XII HOUSE LOANS AND OTHER FINANCIAL ASSISTANCE
House loans: general
214 Power of local authority to make advances for the purpose of increasing housing accommodation.
215 Requirements as to meeting tolerable standard.
House loans: special cases
216 House loans to tenants exercising right to purchase.
217 Duty of local authorities to offer loans to meet expenses of improvement of houses in housing action areas.
218 Duty of local authority to offer loans to meet expenses of repairs.
Rates of interest on home loans
219 Local authority home loan interest rates.
220 Variation of rate by local authority.
221 Variation of rate by Secretary of State.
Assistance for first-time buyers
222Advances to recognised lending institutions to assist first-time buyers.
223Forms of assistance and qualifying conditions.
224Recognised lending institutions.
225Recognised savings institutions.
226Terms of advances and administration.
227Modifications of building society law and disapplication of provisions of the Restrictive Trade Practices Act 1976 in relation to assistance for first-time buyers.
228 Exclusion of Restrictive Trade Practices Act: agreements as to loans on security of new houses.
Other assistance
229 Local authority indemnities for building societies, etc.
230 Assistance by local authority for acquiring houses in need of repair and improvement.
231 Local loans made by the Treasury for provision or improvement of housing accommodation.
233 Power of local authority to assist in provision of separate service water pipes for houses.
234 Financial assistance towards tenants’ removal expenses.
Contributions to assistance for elderly, etc.
235 Contributions by other local authorities towards expense of housing pensioners and disabled persons.
PART XIII LOCAL AUTHORITY GRANTS FOR IMPROVEMENT, REPAIR AND CONVERSION
Improvement grants
236 Power of local authorities to make improvement grants.
236A Power to make improvement grants: further provision
237 Form of application.
237A Offences in relation to applications for improvement grant
238 Powers of local authority.
239 Consent of Secretary of State.
239A Power of Secretary of State to give directions to prevent duplications of grant.
240 Conditions for approval of applications for improvement grant other than applications relating exclusively to the provision of standard amenities.
240A Assessment of applicant’s contribution
240B Applicant’s contribution: review
241 Approval of application for improvement grant.
242 Amount of improvement grant.
243 Payment of improvement grant.
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.
245 Grants restricted to applicant and his personal representatives.
246 Conditions to be observed with respect to houses in respect of which an improvement grant has been made, and registration thereof.
247 Voluntary repayment of improvement grants.
Repairs grants.
248 Repairs grants.
Grants for fire escapes
249 Grants for fire escapes for houses in multiple occupation.
Grants for houses in housing action areas
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.
Improvement of energy efficiency and safety
250A Encouragement of works to improve energy efficiency and safety
Improvement of amenity grants
251 Powers of local authority for improvement of amenities.
Grants for thermal insulation
252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
254, 255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Agricultural tenants, etc.
256 Application of this Part to agricultural tenants, etc.
256A Application of this Part to the Scottish Ministers
PART XIV ASSISTANCE FOR OWNERS OF DEFECTIVE HOUSING
Eligibility for assistance
257 Designation of defective dwellings by Secretary of State.
258 Variation or revocation of designation.
259 Conditions of eligibility.
260 Exceptions to eligibility.
261 Construction of references to disposal, etc.
Determination of entitlement
262 Application for assistance.
263 Application not to be entertained where grant application pending or approved.
264 Determination of eligibility.
265 Determination of form of assistance to which applicant is entitled.
266 Conditions for assistance by way of reinstatement grant.
267 Meaning of “work required for reinstatement” and “associated arrangement”.
268 Notice of determination.
Assistance by way of reinstatement grant
269 Reinstatement grant.
270 Conditions of payment of reinstatement grant.
271 Amount of reinstatement grant.
272 Changes in work or expenditure.
273 Payment of reinstatement grant.
274 Repayment of grant for breach of condition.
Assistance by way of repurchase
275 Repurchase.
276 Repurchase by authority other than local authority.
277 Interest subject to right of pre-emption, etc.
278 Compulsory purchase compensation to be made up to 95 per cent. of defect-free value.
279 Supplementary provisions as to payments under s.277 or 278.
280 Reimbursement of expenses incidental to repurchase.
Effect of repurchase on occupier
281 Effect of repurchase on certain existing tenancies.
282 Grant of tenancy to former owner-occupier.
283 Grant of tenancy to former statutory tenant.
284 Alternative accommodation under s.282 or 283.
285 Request for tenancy under s.282 or 283.
286 Interpretation of ss.281 to 285.
Local schemes
287 Designation of defective dwellings under local schemes.
288 Variation or revocation of designation under local schemes.
289 Secretary of State’s control over designation, variation or revocation.
Miscellaneous
290 Duty of local housing authority to publicise availability of assistance.
291 Duties of public sector authority disposing of defective dwelling.
292 Reinstatement of defective dwelling by local authority.
293 Death of person eligible for assistance, etc.
294 Dwellings included in more than one designation.
295 Application of Act in relation to lenders on security of defective dwelling.
296, 297. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary provisions
298 Service of notices.
299 Jurisdiction of sheriff in Scotland.
300 Meaning of “public sector authority”.
301 Disposal of certain Crown interests in land treated as disposal by public sector authority.
302 Meaning of “dwelling” and “house”.
303 Interpretation.
PART XV COMPENSATION PAYMENTS
Payments for well-maintained houses.
304 Payments in respect of well-maintained houses subject to closing orders etc.
305 Payments in respect of well-maintained houses subject to compulsory purchase as not meeting the tolerable standard.
306 Calculation of amount payable for well- maintained houses.
Repayment of certain payments
307 Repayment of payments made in connection with closing or demolition order when revoked.
Payments for houses not meeting tolerable standard
308 Right to and amount of payments for house not meeting tolerable standard.
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.
310 Provisions as to house subject to heritable security or purchased by instalments.
311 Interpretation of sections 308 to 310.
Payments to other local authorities
312 Payment of purchase money or compensation by one local authority to another.
PART XVI GENERAL AND MISCELLANEOUS
Byelaws
313 Byelaws with respect to houses in multiple occupation.
314 Byelaws with respect to accommodation for agricultural workers.
315 Byelaws with respect to accommodation for seasonal workers.
316 Confirmation of byelaws.
Entry
317 Power of entry for survey, etc.
Offences
318 Penalty for obstructing execution of Act.
319 Penalty for preventing execution of works, etc.
320 Penalty for damage to houses, etc.
321 Liability of directors, etc. in case of offence by body corporate.
Powers of sheriff for housing purposes
322 Sheriff may determine lease in certain cases.
323 Sheriff may authorise superior to execute works, etc.
324 Procedure on applications and appeals to sheriff.
Service
325 Occupier or tenant may be required to state interest.
326 Service by description on certain persons whose identity is unknown and on a number of persons of one description.
Landlord’s identity
327 Disclosure of landlord’s identity.
328 Duty to inform tenant of assignation of landlord’s interest.
Powers of Secretary of State
329 Power of Secretary of State in event of failure of local authority to exercise powers.
330 Power of Secretary of State to prescribe forms, etc.
331 Regulations: procedure.
332 Secretary of State’s power to dispense with advertisements and notices.
333 Local inquiries.
Miscellaneous
334 Power of heir of entail to sell land for housing purposes.
335 Crown rights.
336 Limitation on liability of trustee etc. for expenses incurred by local authority.
337. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
338 Interpretation.
339 Minor and consequential amendments, transitional provisions and repeals.
340 Citation, commencement and extent.
SCHEDULES
SCHEDULE 1 RULES AS TO ASSESSMENT OF COMPENSATION WHERE LAND PURCHASED COMPULSORILY IN CERTAIN CIRCUMSTANCES
1—If the Lands Tribunal are satisfied that the rent of...
2—If the Lands Tribunal are satisfied that the rent of...
3.—The local authority may tender evidence as to the matters...
4—The Lands Tribunal shall (except as provided in section 15(1)...
5—The Lands Tribunal shall embody in their award a statement...
SCHEDULE 2 TENANCIES WHICH ARE NOT SECURE TENANCIES
Premises occupied under contract of employment
1(1) A tenancy shall not be a secure tenancy if...
Temporary letting to person seeking accommodation
2—A tenancy shall not be a secure tenancy if the...
Temporary letting pending development
3—A tenancy shall not be a secure tenancy if the...
Temporary accommodation during works
4—A tenancy shall not be a secure tenancy if the...
Accommodation for homeless persons
5—A tenancy shall not be a secure tenancy if the...
Accommodation for asylum-seekers
5A(1) A tenancy shall not be a secure tenancy if...
Agricultural and business premises
6—A tenancy shall not be a secure tenancy if the...
Police and fire authorities
7—A tenancy shall not be a secure tenancy if the...
Houses part of, or within curtilage of, certain other buildings
8—A tenancy shall not be a secure tenancy if the...
SCHEDULE 3 GROUNDS FOR RECOVERY OF POSSESSION OF HOUSES LET UNDER SECURE TENANCIES
PART I GROUNDS ON WHICH COURT MAY ORDER RECOVERY OF POSSESSION
1—Rent lawfully due from the tenant has not been paid,...
2(1) The tenant, a person residing or lodging in the...
3—The condition of the house or of any of the...
4—The condition of any furniture provided for use under the...
5—The tenant and his spouse have been absent from the...
6—The tenant is the person, or one of the persons,...
7(1) The tenant, a person residing or lodging in the...
8—The tenant of the house (or any one of joint...
9—The house is overcrowded, within the meaning of section 135,...
10—It is intended within a reasonable period of time to...
11—The house has been designed or adapted for occupation by...
12—The house forms part of a group of houses which...
13—The landlord is a housing association which has as its...
14—The interest of the landlord in the house is that...
15(a) The landlord is the council (constituted under section 2...
16—The landlord wishes to transfer the secure tenancy of the...
PART II SUITABILITY OF ACCOMMODATION
1—For the purposes of sections 48(3) and 51(3), accommodation is...
2—In determining whether accommodation is reasonably suitable to the needs...
3—If the landlord has made an offer in writing to...
SCHEDULE 4 TERMS OF SECURE TENANCY RELATING TO SUBLETTING, ETC.
1—A secure tenant who wishes to assign, sublet or otherwise...
2—In relation to an application under paragraph 1, the landlord...
3(a) The landlord shall serve on the tenant notice in...
4—A tenant who is aggrieved by a refusal (other than...
5—In proceedings under paragraph 4, the sheriff shall order the...
6—In deciding whether a refusal is reasonable the sheriff shall...
SCHEDULE 5 TERMS OF SECURE TENANCY RELATING TO ALTERATIONS, ETC TO HOUSE
1—A secure tenant who wishes to carry out work shall...
2—In relation to an application under paragraph 1, the landlord...
3—The landlord shall intimate consent or refusal, and any conditions...
4—In the event that the landlord fails to make intimation...
5—A tenant who is aggrieved by a refusal, or by...
6—In proceedings under paragraph 5, the sheriff shall order the...
7—In deciding whether a refusal or a condition is reasonable...
SCHEDULE 6 VESTING ORDER UNDER SECTION 77: MODIFICATION OF ENACTMENTS
The Town and Country Planning (Scotland) Act 1997 (c. 8)
1—Paragraphs 1(2), 6 to 13 and 16 to 39 of...
2—The references in paragraphs 6, 7 and 37 of that...
3—In paragraph 6 of that Schedule— (a) the reference to...
4—The reference in paragraph 20(2) of that Schedule to the...
5—In paragraph 29 of that Schedule— (a) sub-paragraph (1)(a) shall...
The Land Compensation (Scotland) Act 1963 (c.51)
6—Any reference to the date of service of a notice...
7—Section 25(2) shall be treated as if for the words...
8—In section 30— (a) subsection (2) shall be treated as...
9—Any reference to a notice to treat in section 45(2)...
10—In Schedule 2, paragraph 2(1)(a) shall be treated as if...
SCHEDULE 6A
Disposals to which this Schedule applies
1(1) This Schedule applies to the disposal by a local...
Application for Secretary of State’s consent
2(1) The Secretary of State shall not entertain an application...
Requirements as to consultation
3(1) The requirements as to consultation referred to above are...
Power to require further consultation
4The Secretary of State may require the local authority to...
Consent to be withheld if majority of tenants are opposed
5(1) The Secretary of State shall not give his consent...
Protection of purchasers
6The Secretary of State’s consent to a disposal is not...
SCHEDULE 7
PART I CONSENT TO DEMOLITION OF LISTED BUILDINGS IN HOUSING ACTION AREAS, ETC.
Buildings subject to compulsory purchase orders for demolition subsequently listed
1(1) In this paragraph, references to a compulsory purchase order...
Buildings acquired by agreement for demolition subsequently listed
2(1) Where Part IV applies to a building purchased by...
PART II REHABILITATION ORDERS
Application and effect of rehabilitation orders
3(1) This Part of this Schedule applies to any house...
Miscellaneous provisions relative to rehabilitation orders
4—Where the owner of a house to which this Part...
5—Where a local authority have made a rehabilitation order they...
6(1) Where— (a) land included in a compulsory purchase order,...
7—A rehabilitation order may be made and confirmed notwithstanding that...
Procedure for making and confirming rehabilitation orders
8—A rehabilitation order shall be made in the prescribed form...
9(1) Before submitting a rehabilitation order to the Secretary of...
10(1) If no objection is duly made by any of...
11Paragraphs 6, 15 and 16 of Schedule 1 to the...
Interpretation of this Part of this Schedule
12—In this Part of this Schedule, unless the context otherwise...
PART III APPLICATION OF ENACTMENTS RELATING TO COMPENSATION ON COMPULSORY PURCHASE, ETC., TO CASES UNDER PART I OR PART II OF THIS SCHEDULE
Compensation
13(1) Where, under Part I or II of this Schedule,...
Extension of time limits for exercising powers under certain compulsory purchase orders
14—In section 116 of the Lands Clauses Consolidation (Scotland) Act...
SCHEDULE 8
PART I HOUSING ACTION AREAS
Procedure after publication of draft resolution
1(1) The local authority shall have regard to any representations...
2—Any notice authorised or required to be sent to any...
PART II POWERS OF LOCAL AUTHORITY IN RELATION TO ACQUISITION OF LAND FOR HOUSING ACTION AREAS
3(1) Subject to the provisions of sub-paragraph (2), where a...
Land adjoining housing action area
4—Where a local authority determine to acquire any land comprised...
Further provisions relating to acquisition of land
5(1) In so far as a resolution passed under section...
Land belonging to local authority
6(1) A local authority may include in a housing action...
Local authority may take possession of land
7—Section 11 (which provides that a local authority may take...
Local authority may sell or lease land
8—A local authority who have under Part IV or this...
Extinction of rights of way servitudes, et ceteralaetc.
9(1) A local authority may, with the approval of the...
Provisions as to apparatus of public undertakers
10(1) Where the removal or alteration of apparatus belonging to...
Saving for telecommunication apparatus, et ceteralaetc.
11(1) Paragraph 23 of the electronic communications code (which provides...
PART III COMPENSATION IN RESPECT OF LAND ACQUIRED COMPULSORILY
12(1) Where land is purchased compulsorily by a local authority...
PART IV ADJUSTMENT OF RELATIONS BETWEEN LESSORS AND LESSEES OF AGRICULTURAL HOLDINGS, ETC.
13(1) Section 15 of the Agricultural Holdings (Scotland) Act 1991...
SCHEDULE 9 RECOVERY OF EXPENSES BY CHARGING ORDER
1—Where under sections 108(3), 131(2) and 164(4) a local authority...
2—The annuity charged shall be such sum not exceeding such...
2AThe local authority must— (a) determine— (i) the term of...
2BSection 187 of the Housing (Scotland) Act 2006 (asp 1)...
3—A charging order shall be in such form as may...
3AA charging order must provide— (a) that the annuity is...
3B(1) A person aggrieved by a determination under paragraph 2A(a)(i),...
4—Every annuity constituting a charge by a charging order duly...
5—A charging order duly recorded in the General Register of...
5AThe owner of the premises on which an annuity has...
6—Every annuity charged by a charging order may be recovered...
7—A charging order and all sums payable thereunder may be...
8—Any owner of, or other person interested in, premises on...
SCHEDULE 10 LANDLORD’S REPAIRING OBLIGATIONS
Obligations to repair
1(1) This paragraph applies to any contract (whether entered into...
Application of paragraph 1 to houses occupied by agricultural workers otherwise than as tenants
2—Notwithstanding any agreement to the contrary, where under any contract...
Repairing obligations in short leases of houses
3(1) In any lease of a house, being a lease...
Application of paragraph 3
4(1) Subject to the provisions of this paragraph, paragraph 3...
Restriction on contracting out
5(1) The sheriff may, on the application of either party...
SCHEDULE 11 HOUSES IN MULTIPLE OCCUPATION: CONTROL ORDERS
PART I MANAGEMENT SCHEMES
1(1) A management scheme shall give particulars of all works...
Recovery by local authority of capital expenditure
2(1) Account shall be kept by the local authority for...
PART II APPEAL AND REVIEW
3(1) Within 6 weeks from the date on which a...
4(1) Without prejudice to the right of appeal against a...
5(1) If a local authority refuse an application to revoke...
6(1) A sheriff who revokes a control order on appeal...
Powers of court to restrict recovery of possession
7(1) The provisions of this paragraph apply where—
PART III CONSEQUENCES OF CESSATION OF CONTROL ORDER
Transfer of landlord’s interest in tenancies and agreements
8(1) On and after the date on which the control...
Cases where leases have been modified while control order was in force
9—If under section 185 the sheriff modifies or determines a...
Interpretation
10—References in this Part of this Schedule to the control...
PART IV RECOVERY OF EXPENSES BY LOCAL AUTHORITY EXECUTING WORKS UNDER SECTION 164
11(1) Sections 108(6) (exercise of power of local authority to...
SCHEDULE 12 TERMINATION OF EXCHEQUER PAYMENTS TO LOCAL AUTHORITIES AND CERTAIN PERIODICAL PAYMENTS TO OTHER PERSONS
1(1) No payment shall be made— (a) for the year...
2Table
Part I Payments to local authorities
Part II Payments to the Scottish Special Housing Association and development corporations
Part III . . .
SCHEDULE 13 ENACTMENTS SPECIFYING EXCHEQUER CONTRIBUTIONS
SCHEDULE 14 ENACTMENTS SPECIFYING EXCHEQUER CONTRIBUTIONS THAT MAY BE REDUCED, SUSPENDED OR DISCONTINUED
SCHEDULE 15 THE HOUSING REVENUE ACCOUNT
PART I APPLICATION OF ACCOUNT
1(1) The houses, buildings and land specified for the purposes...
PART II OPERATION OF ACCOUNT
Credits
2(1) For each year a local authority shall carry to...
Debits
3—Subject to paragraph 4 of this Schedule, for each year...
4—A local authority shall not debit to the housing revenue...
Provision of welfare services
4AWhere in any year a local authority provide welfare services...
Supplemental
5—Any requirement of this Schedule as respects any amount to...
6—A local authority may, with the consent of the Secretary...
7—Where it appears to the Secretary of State that amounts...
8—The Secretary of State may direct that items of income...
9(1) If at any time a credit balance is shown...
10—References in this Schedule to houses and other property to...
SCHEDULE 16 THE SLUM CLEARANCE REVENUE ACCOUNT
Credits
1—For each year a local authority shall carry to the...
2—Where for any year a deficit is shown in the...
Debits
3—For each year a local authority shall debit to the...
Supplemental
4—Any surplus shown in a slum clearance revenue account at...
5—A local authority may, with the consent of the Secretary...
6—The Secretary of State may direct that items of income...
SCHEDULE 17 CONDITIONS RELATING TO HOUSE LOANS
1—The provisions of this Schedule shall have effect with respect...
2—The advance, together with interest thereon, shall be secured by...
3—The amount of the principal of the advance shall not...
4—The heritable security shall provide for repayment of the principal—...
5—It shall also provide for the payment of instalments of...
6—In the event of any of the conditions subject to...
7—That balance may in any event be repaid at any...
8—Where the advance is for any of the purposes specified...
9—The advance shall not be made except after a valuation...
10—No advance shall be made unless the estate or interest...
11—In this Schedule, any reference, in relation to an advance,...
SCHEDULE 18 STANDARD AMENITIES
PART I LIST OF AMENITIES AND MAXIMUM ELIGIBLE AMOUNTS
PART II LIMIT ON AMOUNT OF APPROVED EXPENSES FOR STANDARD AMENITIES
1. . . . . . . . . ....
2. . . . . . . . . ....
3. . . . . . . . . ....
4. . . . . . . . . ....
SCHEDULE 19 CONSEQUENCES OF BREACH OF CONDITIONS OF IMPROVEMENT GRANT
1—Subject to paragraphs 4 and 5, the local authority shall...
2—If the local authority are satisfied that the breach of...
3—If the local authority are satisfied that the breach although...
4—Upon the satisfaction of a liability of an owner of...
5—On the application of the local authority, the sheriff within...
6(1) In any case where in pursuance of paragraph 4,...
7—In the event of a breach of any of the...
8—In this Schedule, “interest” means compound interest calculated at such...
SCHEDULE 20 ASSISTANCE BY WAY OF REPURCHASE
PART I THE AGREEMENT TO REPURCHASE
The interest to be acquired
1In this Schedule, “the interest to be acquired” means the...
Request for notice of proposed terms of acquisition
2—A person who is entitled to assistance by way of...
Authority’s notice of proposed terms
3—The purchasing authority shall, within the period of three months...
Unreasonable terms
4—Where an offer to purchase is served on the person...
Appeal
5—A person so entitled who is aggrieved by the refusal...
Notice of acceptance
6—The person so entitled may at any time within the...
Extensions
7—The authority shall, if there are reasonable grounds for doing...
Interest acquired to be treated as if acquired under Part I
8—An interest acquired by a local authority under this Part...
PART II PRICE PAYABLE AND VALUATION
The price
9(1) The price payable for the acquisition of an interest...
The value
10(1) For the purposes of this Schedule, the value of...
Determination of value
11(1) Any question arising under this Schedule as to the...
Certain grant conditions cease to have effect
12—Where the interest to be acquired is or includes a...
SCHEDULE 21 DWELLINGS INCLUDED IN MORE THAN ONE DESIGNATION
Introductory
1—This Schedule applies in relation to a defective dwelling where...
Cases in which later designation to be disregarded
2—Where a person is already eligible for assistance in respect...
In other cases any applicable designation may be relied on
3—Where a person is eligible for assistance in respect of...
Procedure to be followed where later designation comes into operation
4—The following provisions of this Schedule apply where—
5(1) The local authority shall, as soon as reasonably practicable,...
6(1) This paragraph applies where it appears to the authority...
7(1) This paragraph applies where a person entitled to assistance...
SCHEDULE 22 TRANSITIONAL PROVISIONS AND SAVINGS
PART I TRANSITIONAL PROVISIONS
General
1—The re-enactment of provisions in, and the consequent repeal of...
2—In so far as— (a) any requirement, prohibition, determination, order...
3—Where any enactment passed before this Act, or any instrument...
4—Where any period of time specified in any enactment repealed...
5(1) The general rule is that the provisions of this...
Persons holding office
6—Any person who at the commencement of this Act is...
Security of tenure of tenants of regional councils, etc.
7—Notwithstanding the repeal by this Act of section 16(2) and...
PART II SAVINGS
General saving for old transitional provisions
8—The repeal by this Act of a provision relating to...
General saving for old savings
9(1) The repeal by this Act of an enactment previously...
Transfers under section 14 of the Housing (Homeless Persons) Act 1977
10(1) The repeal by this Act of section 14 of...
Use of existing forms, etc.
11—Any document made, served or issued on or after this...
Secure tenant: reimbursement of cost of work done before 3rd October 1980
12—The repeal of section 24(1) of the Tenants’ Rights, Etc...
Contributions under sections 106 and 121 of the Housing (Scotland) Act 1950 (c.34) and section 14 of the Housing (Scotland) Act 1962 (c.28)
13—Contributions remain payable by the Secretary of State under sections...
SCHEDULE 23 MINOR AND CONSEQUENTIAL AMENDMENTS
General
1—Any reference in any previous enactment to “standard amenities” as...
2—Any reference in any previous enactment to “tolerable standard” as...
The Crofters Holdings (Scotland) Act 1886 (c. 29)
3—In the Schedule, in paragraph 1A, for the words “Part...
The Sheriff Courts (Scotland) Act 1907 (c. 51)
4—In the Sheriff Courts (Scotland) Act 1907, after section 38...
The Crofters (Scotland) Act 1955 (c. 21)
5—In Schedule 5, in paragraph 1A, for the words “Part...
The Clean Air Act 1956 (c. 52)
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Coal Mining (Subsidence) Act 1957 (c. 59)
7(1) In section 1(4) (duty of Board in respect of...
The Building (Scotland) Act 1959 (c. 24)
8—In the Sixth Schedule, in paragraph 4(b)(ii), for the words...
The Pipe-lines Act 1962 (c. 58)
9—In section 30(2), for the words “181”, “1966” and “Part...
The Land Compensation (Scotland) Act 1963 (c. 51)
10(1) In section 15(7), for paragraph (d) substitute the following...
The Local Government (Scotland) Act 1966 (c.51)
11—In section 46(1) (general interpretation), in the definition of “housing...
The National Loans Act 1968 (c.13)
12—In Schedule 4, for the words “78” and “1950” substitute...
The New Towns (Scotland) Act 1968 (c.16)
13(1) In section 6, subsection (6) shall cease to have...
The Clean Air Act 1968 (c.62)
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Post Office Act 1969 (c.48)
15—In Schedule 4— (a) in paragraph 83(1), for “II of...
The Local Authority Social Services Act 1970 (c.42)
16—In Schedule 1, at the end insert in column 1...
The Chronically Sick and Disabled Persons Act 1970 (c.44)
17—In section 3(2), for the words “VII”, “1966” and “137”...
The Town and Country Planning (Scotland) Act 1972 (c.52)
18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Land Compensation (Scotland) Act 1973 (c.56)
19(1) In section 27(1)(f), for the words “15(2) of the...
The Local Government (Scotland) Act 1973 (c.65)
20(1) In section 130— (a) in subsection (1), for the...
Consumer Credit Act 1974 (c.37)
21—In section 16(1)(ff), for the words “2 of the 1978...
Land Tenure Reform (Scotland) Act 1974 (c.38)
22—In section 8(7), for the words “Tenants’ Rights, Etc (Scotland)...
Local Government (Scotland) Act 1975 (c.30)
23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The National Health Service (Scotland) Act 1978 (c.29)
24—In section 100(1)— (a) in paragraph (a), for the words...
The Local Government, Planning and Land Act 1980 (c.65)
25(1) In section 152(1)(c), for the words “1 of the...
The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59)
26—In section 13(11), for the words “the Tenants’ Rights, Etc...
The Local Government and Planning (Scotland) Act 1982 (c.43)
27—In section 24(2), for the words “32(1)(b) of the Housing...
The Civic Government (Scotland) Act 1982 (c.45)
28(1) In section 87(5), for the words “Part II of...
The Rent (Scotland) Act 1984 (c.58)
29(1) In section 5(5), for the words “5 of the...
The Housing Act 1985 (c.68)
30(1) In section 76— (a) in subsection (1)(a), for the...
The Housing Associations Act 1985 (c.69)
31(1) In section 8(1), for the words “Part I of...
Airports Act 1986 (c.31)
32—In Schedule 2, paragraph 4, for the words “56” and...
SCHEDULE 24 REPEALS
1The following abbreviations are used in this Table: Acts of...
2The Table does not show the effect of Transfer of...
3The letter R followed by a number indicates that the...
4The entry “drafting” indicates a provision of a mechanical or...

Housing (Scotland) Act 1987

1987 c. 26

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

C1C2C4Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:
Modifications etc. (not altering text)
C3

Act (right to buy provisions) modified (13.3.1992) by S.I. 1992/325, regs.3, 5, 7, Sch. 1.

Act (right to buy provisions) excluded (27.9.1993) by S.I. 1993/2164, reg. 5.

Act (right to buy provisions) extended (27.9.1993) by S.I. 1993/2164, reg. 7.

C1

A table showing the derivation of the provisions of this consolidation Bill will be found at the end of the Bill. The table has no official status.

C2

Act: definition of "local authority" applied (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), ss. 14(1)(b), 23(1), Sch. 5 para.1; S.I. 1991/2508, art.2

C4

Act applied (with modifications) (temp. from 30.9.2002) by S.S.I. 2002/318, art. 4(1)(2)