Paragraph 8

Scotland

In deciding whether a refusal or a condition is reasonable the court is to have regard in particular to—

(a)

the safety of occupiers of the house or of any other premises,

(b)

any expenditure which the landlord is likely to incur as a result of the work,

(c)

whether the work is likely to reduce the value of the house or of any premises of which it forms part, or to make the house or such premises less suitable for letting or for sale, F1...

(d)

any effect which the work is likely to have on the extent of the accommodation provided by the house, F2and

(e)

any code of practice issued by the F3Commission for Equality and Human Rights which relates to this Part.

Annotations

Textual amendments

F1: Word in sch. 5 para. 8 repealed (4.12.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 54(a), 195(3) (with s. 193); S.S.I. 2006/395, art. 2
F2: Sch. 5 para. 8(e) and word inserted (4.12.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 54(b), 195(3) (with s. 193); S.S.I. 2006/395, art. 2
F3: Words in sch. 5 para. 8(e) substituted (1.10.2007) by Equality Act 2006 (c. 3), s. 93(1), Sch. 3 para. 62 (with s. 92); S.I. 2007/2603, art. 2(d)

Notes on the whole Act

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))

Notes on Schedule 5

Textual amendments

F1: Words in sch. 5 heading inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 3(3); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1

Commencement

I1: Sch. 5 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)