Housing (Scotland) Act 2001
2001 asp 10 · Enacted 18 July 2001 · Extends to Scotland
An Act of the Scottish Parliament to make provision about housing, including provision about homelessness and the allocation of housing accommodation by social landlords, the tenants of social landlords, the regulation of social landlords, Scottish Homes, the strategic housing functions of the Scottish Ministers and local authorities and grants for improvement and repairs; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 13th June 2001 and received Royal Assent on 18th July 2001C1F1
Annotations to the whole text
Textual amendments
- F1
Act modified (temp.) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 3 (with ss. 1(2), 6, 7, 8) (which affecting provision is continued until 31.3.2024 by The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 (S.S.I. 2023/82), regs. 1(3), 2(2)) (as amended (27.9.2023) by S.S.I. 2023/275, reg. 2(2))
Modifications
- C1
Act restricted (16.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 43(5), 62(1)(2); S.I. 2006/1497, art. 3, Sch.
Contents
- Part 1: HOMELESSNESS AND ALLOCATION OF HOUSING
- 1Homelessness strategies
- 2Advice on homelessness etc.
- 3Homeless persons and persons threatened with homelessness
- 4Review of decisions
- 5Duty of registered social landlord to provide accommodation
- 6Duty of registered social landlord: further provision
- 7Persons living in hostel and other short-term accommodation
- 8Common housing registers
- 9Housing lists
- 10Allocation of housing
- Part 2: TENANTS OF SOCIAL LANDLORDS
- Chapter 1: SCOTTISH SECURE TENANCIES
- Creation and termination of tenancy
- 11Scottish secure tenancy
- 12Restriction on termination of tenancy
- 13Termination of joint tenant’s interest in tenancy
- 14Proceedings for recovery of possession or termination of joint tenant's interest
- 14APre-action requirements where grounds for possession include rent arrears
- 15Rights of qualifying occupiers in possession proceedings
- 16Powers of court in proceedings for recovery of possession or termination of joint tenant's interest
- 17Abandoned tenancies
- 18Repossession
- 19Tenant’s recourse to court
- 20Abandonment by joint tenant
- 21Joint tenancies: abandoning tenant’s recourse to court
- Succession
- 22Succession to Scottish secure tenancy
- Tenancy agreement and information
- 23Tenant’s right to written tenancy agreement and information
- Variation
- 24Restriction on variation of tenancy
- 25Increase in rent or charges
- 26Variation of tenancy by court order
- Repairs and improvements
- 27Repairs
- 28Landlord’s consent to work
- 29Reimbursement of cost of work
- 30Right to compensation for improvements
- 31Effect of work on rent
- Keeping pets
- 31ATenant’s right to keep a pet Not yet in force
- 31BPower to make provision about when a consent condition for keeping a pet is reasonable
- 31CPower to make provision about when it is reasonable to refuse consent to keep a pet
- 31DRegulations under sections 31B and 31C: consultation
- Assignation, subletting and exchanges
- 32Assignation, subletting etc.
- 33Exchange of house
- Short Scottish secure tenancies
- 34Short Scottish secure tenancies
- 35Conversion to short Scottish secure tenancy
- 35AExtension of term of short Scottish secure tenancy
- 36Recovery of possession
- 37Conversion to Scottish secure tenancy
- Miscellaneous and general
- 38Appeals
- 39Application of sections 23 to 33 to other tenancies
- 40Notices
- 41Interpretation of Chapter 1
- Chapter 2: RIGHT TO BUY
- 42The qualifying conditions Repealed
- 43Exemptions from right to buy Repealed
- 44Limitation on right to buy: registered social landlords Repealed
- 45Limitation on right to buy: pressured areas Repealed
- 46Limitation on right to buy: arrears of rent, council tax etc. Repealed
- 47Limitation on right to buy: conduct Repealed
- 48Houses liable to demolition Repealed
- 49Discounts Repealed
- 50Assistance to tenants to obtain other accommodation Repealed
- 51Right to buy: miscellaneous repeals Repealed
- 52Reports on right to buy Repealed
- Chapter 3: TENANT PARTICIPATION
- 53Tenant participation
- 54Consultation with tenants and registered tenant organisations
- 55Tenant management agreements
- 56Tenant management agreements: further provision
- Part 3: REGULATION OF SOCIAL LANDLORDS
- Chapter 1: REGISTERED SOCIAL LANDLORDS
- Registration
- 57The register of social landlords Repealed
- 58Eligibility for registration Repealed
- 59Registration Repealed
- 60Removal from the register Repealed
- 61Criteria for registration or removal from register Repealed
- 62Appeal against decision on registration or removal Repealed
- Regulation
- 63Regulation of registered social landlords Repealed
- 64Insolvency etc. of registered social landlords Repealed
- Disposal of land and related matters
- 65Power of registered social landlord to dispose of land Repealed
- 66Consent required for disposal of land by registered social landlord Repealed
- 67Disposals not requiring consent Repealed
- 68Disposals of land: consultation with tenants Repealed
- Delegation of functions
- 68APower to direct certain registered social landlords to delegate functions
- Housing management
- 69Inspections Repealed
- 70Inspection reports Repealed
- 71Appointment of manager Repealed
- Chapter 2: LOCAL AUTHORITY HOUSING MANAGEMENT
- 72Inspections Repealed
- 73Inspection reports Repealed
- 74Remedial plans Repealed
- 75Remedial plans: appointment of manager Repealed
- Chapter 3: COMMON PROVISIONS
- Disposals of tenanted houses: consultation and consent
- 76Disposals of tenanted houses: consultation and consent
- Information
- 77Power to obtain information
- 78Power to obtain information: further provision
- Guidance
- 79Issue of guidance by the Scottish Ministers Repealed
- Code of good practice
- 80Code of good practice Repealed
- Charges for regulatory functions
- 81Charges for regulatory functions of the Scottish Ministers Repealed
- Chapter 4: INTERPRETATION OF PART 3
- 82Meaning of “subsidiary” and “associate” Repealed
- 83Interpretation of Part 3
- Part 4: SCOTTISH HOMES
- 84Transfer of functions to the Scottish Ministers
- 85Property and liabilities
- 86Transfer of staff Not yet in force
- 87Dissolution etc.
- Part 5: STRATEGIC HOUSING FUNCTIONS
- ...
- 88Statement on fuel poverty Repealed
- Local authorities
- 89Local housing strategies
- 90Grants for housing purposes
- 91Grants for housing support services
- 92Assistance for housing purposes
- 93Assistance for housing purposes: further provision
- 94Alteration of housing finance arrangements
- Meaning of “fuel poverty”
- 95Meaning of “fuel poverty”
- Part 6: GRANTS FOR IMPROVEMENT, REPAIRS ETC. Repealed
- Improvement grants Repealed
- 96Extension of power to make improvement grants Repealed
- 97Application for grant Repealed
- 98Age of buildings eligible for grant Repealed
- 99Applicant’s contribution to expense of works Repealed
- 100Approval of application Repealed
- 101Amount of grant Repealed
- 102Improvement grants: the tolerable standard and standard amenities Repealed
- Repairs grants Repealed
- 103Amount of repairs grant Repealed
- Fire escape grants Repealed
- 104Grants for means of escape from fire Repealed
- Improvement of energy efficiency and safety Repealed
- 105Improvement of energy efficiency and safety Repealed
- Part 7: MISCELLANEOUS AND GENERAL
- Miscellaneous
- 106Equal opportunities
- 107Local authority maintenance of houses etc. of registered social landlord
- 108Meaning of “family” and “spouse”: cohabitation
- General
- 109Orders and regulations
- 110Ancillary provision
- 111Interpretation
- 112Modification of enactments
- 113Commencement and short title
- Schedule 1: TENANCIES WHICH ARE NOT SCOTTISH SECURE TENANCIES
- 1Premises occupied under contract of employment
- 2Police and fire service accommodation
- 3Lettings to students
- 4Temporary accommodation during work
- 5Accommodation for homeless persons
- 6Accommodation for offenders
- 7Shared ownership agreements
- 8Agricultural and business premises
- 9Houses part of, or within curtilage of, certain other buildings
- 10Accommodation in property not owned by landlord
- 11... Repealed
- Schedule 2: SCOTTISH SECURE TENANCY: GROUNDS FOR RECOVERY OF POSSESSION OR TERMINATION OF JOINT TENANT'S INTEREST
- Part 1: GROUNDS ON WHICH COURT MAY ORDER RECOVERY OF POSSESSION OR TERMINATION OF JOINT TENANT'S INTEREST
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 15AParagraph 15A
- Part 2: SUITABILITY OF ACCOMMODATION
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Schedule 3: SUCCESSION TO SCOTTISH SECURE TENANCY: QUALIFIED PERSONS
- 1Qualified persons
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 4AOnly or principal home
- 5Special rule: specially adapted house
- 6Order of succession
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Notification of right to succeed to tenancy
- 11Declining a tenancy
- 12Qualified persons: co-operative housing associations
- Schedule 4: SCOTTISH SECURE TENANCY: LANDLORD’S REPAIRING OBLIGATIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 5: SCOTTISH SECURE TENANCY: ALTERATIONS , KEEPING PETS, ASSIGNATION, SUBLETTING, EXCHANGE ETC.
- Part 1: ALTERATIONS ETC. TO HOUSE
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part 1A: Keeping pets
- 8AParagraph 8A Not yet in force
- 8BParagraph 8B
- 8CParagraph 8C Not yet in force
- 8DParagraph 8D Not yet in force
- 8EParagraph 8E Not yet in force
- 8FParagraph 8F Not yet in force
- 8GParagraph 8G Not yet in force
- 8HParagraph 8H Not yet in force
- Part 2: ASSIGNATION, SUBLETTING, EXCHANGE ETC.
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Schedule 6: GROUNDS FOR GRANTING SHORT SCOTTISH SECURE TENANCY
- 1Previous anti-social behaviour
- 2Anti-social behaviour order
- 2AOther antisocial behaviour
- 3Temporary letting to person seeking accommodation
- 4Temporary letting pending development
- 5Accommodation for homeless persons
- 6Accommodation for person in receipt of housing support
- 7Accommodation in property not owned by landlord
- 7ATemporary letting where other property owned
- Schedule 7: REGULATION OF REGISTERED SOCIAL LANDLORDS Repealed
- Part 1: CONTROL OF PAYMENTS TO MEMBERS ETC. Repealed
- 1Payments by way of gift, dividend or bonus Repealed
- 2Payments and benefits to officers and employees etc. Repealed
- 3Maximum amounts payable by way of fees, expenses, etc. Repealed
- Part 2: CONSTITUTION, CHANGE OF RULES, AMALGAMATION AND DISSOLUTION Repealed
- 4General power to remove director, trustee etc. Repealed
- 5Industrial and provident society: power to appoint new committee member Repealed
- 6Company: power to appoint new director Repealed
- 7Change of rules etc. by industrial and provident society Repealed
- 8Change of articles of association of company Repealed
- 9Amalgamation and dissolution etc. of industrial and provident society Repealed
- 10Arrangement, reconstruction etc. of company Repealed
- 11Power of the Scottish Ministers to petition for winding up Repealed
- 12Transfer of net assets on dissolution or winding up Repealed
- Part 3: ACCOUNTS AND AUDIT Repealed
- 13General requirements as to accounts and audit Repealed
- 14Appointment of auditors by industrial and provident societies Repealed
- 15Responsibility for securing compliance with accounting requirements Repealed
- Part 4: INQUIRY INTO AFFAIRS OF REGISTERED SOCIAL LANDLORDS Repealed
- 16Inquiry Repealed
- 17Extraordinary audit for purposes of inquiry Repealed
- 18General powers exercisable as a result of inquiry or audit Repealed
- 19Power to direct transfer of land Repealed
- Schedule 8: INSOLVENCY ETC. OF REGISTERED SOCIAL LANDLORDS Repealed
- 1Interpretation Repealed
- 2Initial notice to be given to the Scottish Ministers Repealed
- 3Further notice to be given to the Scottish Ministers Repealed
- 4Moratorium on disposal of land etc. Repealed
- 5Period of moratorium Repealed
- 6Proposals as to ownership and management of landlord’s land Repealed
- 7Effect of agreed proposals Repealed
- 8Appointment of manager to implement agreed proposals Repealed
- 9Powers of the manager Repealed
- 10Powers of the manager: transfer of engagements Repealed
- 11Assistance by the Scottish Ministers Repealed
- 12Application to court to secure compliance with agreed proposals Repealed
- Schedule 9: CONSULTATION BEFORE CERTAIN DISPOSALS BY LOCAL AUTHORITY LANDLORD OR REGISTERED SOCIAL LANDLORD
- 1Disposals to which this schedule applies
- 2Application for consent of the Scottish Ministers
- 3Requirements as to consultation
- 4Power to require further consultation
- 5Consent to be withheld unless majority of tenants in favour
- 6Protection of purchasers
- Schedule 10: MODIFICATION OF ENACTMENTS
- 1New Towns (Scotland) Act 1968 (c.16)
- 2Friendly and Industrial and Provident Societies Act 1968 (c.55) Repealed
- 3Land Compensation (Scotland) Act 1973 (c.56)
- 4Land Tenure Reform (Scotland) Act 1974 (c.38)
- 5House of Commons Disqualification Act 1975 (c.24) Not yet in force
- 6Local Government (Scotland) Act 1975 (c.30) Not yet in force
- 7Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59)
- 8Finance Act 1981 (c.35) Not yet in force
- 9Rent (Scotland) Act 1984 (c.58)
- 10Bankruptcy (Scotland) Act 1985 (c.66) Repealed
- 11Housing Associations Act 1985 (c.69)
- 12Housing (Scotland) Act 1986 (c.65)
- 13Housing (Scotland) Act 1987 (c.26)
- 14Housing (Scotland) Act 1988 (c.43)
- 15Housing Act 1988 (c.50)
- 16Local Government and Housing Act 1989 (c.42)
- 17Social Security Administration Act 1992 (c.5)
- 18Taxation of Chargeable Gains Act 1992 (c.12) Not yet in force
- 19Local Government Finance Act 1992 (c.14)
- 20Leasehold Reform, Housing and Urban Development Act 1993 (c.28)
- 21Local Government etc. (Scotland) Act 1994 (c.39)
- 22Requirements of Writing (Scotland) Act 1995 (c.7)
- 23Children (Scotland) Act 1995 (c.36)
- 24Housing Act 1996 (c.52)
- 25Planning (Consequential Provisions) (Scotland) Act 1997 (c.11)
- 26Data Protection Act 1998 (c.29) Not yet in force
- 27Crime and Disorder Act 1998 (c.37)
- 28Public Finance and Accountability (Scotland) Act 2000 (asp 1)
- 29Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) Not yet in force