Housing Maintenance (Tenements)

Part of the debate – in the Scottish Parliament on 25th October 2017.

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Photo of Kevin Stewart Kevin Stewart Scottish National Party

The maintenance of the common parts of tenements is principally the responsibility of the owners and is usually governed by rules and conditions that are set out in the title deeds for the flats within a block.

The Tenements (Scotland) Act 2004 provides a structure, known as the tenement management scheme, for the maintenance and management of tenements.

The Housing (Scotland) Act 2006 gave local authorities discretionary powers to require owners to carry out work on substandard houses and to provide assistance with repairs and improvements to private property. The Housing (Scotland) Act 2014 amended those powers to make them more effective and introduced new provisions to allow local authorities to pay missing shares for work that is agreed by a majority of owners in a tenement.

In the private rented sector, the new private residential tenancy, which comes into effect in December this year, will significantly improve tenant security and better enable tenants to exercise their right to report a breach of the repairing standard to the housing and property chamber of the first-tier tribunal.