Section 39 — Unlawful occupation etc

Housing (Scotland) Bill: Stage 3 – in the Scottish Parliament at 9:54 am on 24 November 2005.

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Photo of George Reid George Reid None 9:54, 24 November 2005

Group 8 is on miscellaneous provisions on housing standards and houses in multiple occupation. Amendment 14, in the name of Malcolm Chisholm, is grouped with amendments 17, 18, 21, 22, 48, 3 and 4.

Photo of Johann Lamont Johann Lamont Labour

The amendments in group 8 are mainly technical and tidying-up amendments. I will explain them as briefly as I can.

Amendment 14 corrects an error in section 39(3)(a), which should refer to section 37(1) rather than section 37(2). Similarly, amendment 48 corrects an error in schedule 4A, which should refer to "this schedule" rather than "paragraph 3".

Amendment 17 is intended to help to ensure that houses are kept up to the repairing standard.

Section 55 gives landlords the power to apply to the sheriff for an order if a tenant obstructs the landlord's efforts to carry out repairs that are required in order to meet the repairing standard. However, the section does not allow landlords to apply for an order if a tenant obstructs the landlord's access to inspect the house in order to check whether it meets the repairing standard. We want to help landlords to meet their repair obligations, so amendment 17 allows the section 55 procedure to be used in that situation as well. Section 55 already contains safeguards to ensure that the sheriff is satisfied that access is genuinely sought for the stated purpose, that it is reasonable and that the tenant is preventing access even though proper notice has been given.

Amendments 18 and 22 seek to delete certain sections in part 1 that are duplicated in the general provisions of part 8 and schedule 5. Those sections refer to building regulations and the Building (Scotland) Act 2003, which were originally mentioned only in part 1 but which now need to cover the whole bill due to the introduction of HMO amenity notices in part 4.

Amendment 21 deals with the power in section 64A(2) that allows ministers to make the private rented housing panel the route of appeal against a landlord's decision to refuse consent to carry out adaptations to suit the needs of a disabled person or to apply conditions to such consent. That subsection also gives ministers the power to make further provisions on appeals. Amendment 21 clarifies that that power will cover not only appeals to the private rented housing panel but subsequent appeals to the sheriff. As Christine Grahame pointed out in committee, there is room for doubt on that point in the bill as it stands.

Amendments 3 and 4 are consequential to the repeal of parts 5 and 8 of the Housing (Scotland) Act 1987.

Amendment 3 means that a failure to carry out work required under the byelaws referred to in section 313 of the 1987 act, which relates to certain kinds of HMO, will be treated as a failure to carry out work required by a work notice and will be enforced accordingly.

Amendment 4 repeals passages in sections 313(4) and 319(1) of the Housing (Scotland) Act 1987 that relate to parts V and VIII of that act.

I move amendment 14.

Amendment 14 agreed to.