Maintaining Houses - Preserving Homes Consultation Summary
THE PRIVATELY RENTED SECTOR
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The Repairing Standard for private landlords
Current statutory repairing obligations require a private landlord to maintain the property in habitable condition and keep it in repair with sanitary, water, gas, electric and heating installations in working order.
We propose to place private landlords under a duty to carry out a repair inspection before a tenancy begins, to notify the tenant of repair work required, carry out this work in a reasonable time, give 24 hours' notice in writing of need for entry, consider whether the property falls short of building regulations in the area, and include sanitary defects such as lack of ventilation, lighting, and adequate water supply.
Landlords would ensure the property is wind and watertight and remains so. Fixtures for making use of supply of water, gas or electricity would be included in the repairing obligation, and the landlord would ensure furnishings and floor coverings that are part of the contract of let are fit for purpose. These obligations would apply to all tenancies that are not Scottish secure tenancies or short Scottish secure tenancies, including where no rent is payable.
Private Rented Housing Tribunal for Scotland
A repairing standard will only be effective if there is a way to enforce it. We propose to develop the role of Rent Assessment Committees to give tenants assistance with complaints about repair problems. We propose to rename the Rent Assessment Panel from which the Committees are drawn as the Private Rented Housing Tribunal for Scotland.
The Tribunal would first seek to resolve problems through agreement. If the landlord did not comply with the statutory repair standard, the Tribunal could issue a Repair Determination Notice indicating repairs and time frame required for completion. Reletting would be prevented until the notice was complied with. Sanctions for non-compliance would include restriction of rent.
Protecting tenants in Houses in Multiple Occupation
Houses in Multiple Occupation (HMOs) are licensed to protect residents and to promote safety and good management standards. We believe licensing should be based on new primary legislation, giving Ministers more powers to ensure consistency.
At present local authorities have powers in Part VIII of the Housing (Scotland) Act 1987 to deal with problems in HMOs. We propose that these powers be repealed as obsolete, although a new mechanism will provide for means of escape from fire.
We propose the licensing system be changed so that, among other things:
- Ministers have power to designate categories of HMO for discretionary licensing, while local authorities decide whether or not to require licensing of these
- Ministers have power to vary requirements for application for licence
- application for licence will not have to be publicly displayed where safety of occupants may as a consequence be at risk
- all licences shall be valid for 3 years
- Ministers direct how fees are determined
- penalties for operating without a licence will include ceasing of rent liability.
Adaptations for needs arising from disability
We propose to give private sector tenants the right to carry out adaptations to their homes to meet any particular needs arising from a disability. This right would be subject to the consent of the landlord, but consent should not be withheld unreasonably.
The proposed Private Rented Housing Tribunal for Scotland would have power to decide if a refusal was unreasonable. Such adaptations would be carried out at the expense of the tenant and there would be a requirement, if the adaptations affected the letting potential of the property, for the tenant to reinstate the property at the conclusion of the lease.
Extending the national registration scheme for private landlords
There are provisions in the Antisocial Behaviour (Scotland) Bill to establish a national registration scheme for private landlords and their properties. This will require that landlords register details of themselves and any agents used to manage the property and that landlords and agents are subject to a "fit and proper person" test.
It has been suggested that these provisions should be strengthened with more explicit conditions. It would be essential to minimise the cost and administrative burden. Rather than require local authorities to carry out routine inspections of properties, standard conditions would be set in legislation and landlords would certify that these were being met. Local authorities would only carry out inspections if there were complaints or other problems. It would also be possible for local authorities to inspect a small sample of properties on a random basis. Landlords might, depending on the nature of any failure, be given time to rectify any problems. Local authorities would be able to direct what action should be taken.
The key question is whether it is desirable to extend the registration scheme in this way which, in part, depends on the conditions that would be applied. Our approach would be to require landlords to certify that they are following all the relevant legal provisions that apply to the letting of the property. However, compliance with this legislation should be part and parcel of the fit and proper test that has already been built into the proposed registration. An alternative approach would be to require landlords to certify that this property meets the repairing standards as set out above. This would, however, duplicate the alternative system of enforcement proposed by the Housing Improvement Task Force based on the ability of tenants to complain to Private Rented Housing Tribunals.
Mobile homes
To extend protection for people with mobile homes we wish to rebalance the respective rights of mobile home and site owners on tenancy conditions, security of occupation and sale of mobile homes.
Currently when a tenant leases a site the express conditions of the lease may be finalised up to 6 months after the agreement. We propose that the agreements be based on terms provided in writing 28 days before the agreement is made, or the home is sold. Terms not included in the agreement will be unenforceable.
To take account of market changes we propose Ministers could add, vary or repeal the implied terms included in an agreement. We propose succession rights be extended to same-sex partners. We also suggest that judgement of whether a mobile home is detrimental to a site should be made on condition, not age. Finally, we wish to protect occupants of mobile homes from unlawful eviction and harassment by bringing legislation into line with existing protections in housing law.
QUESTIONS
Further copies of this document are available, on request, in audio and large print formats and in community languages, please contact:
David Gow
Policy Co-ordinator
Private Sector and Affordable Housing Policy Division
Scottish Executive
Area 1-H (South)
Victoria Quay
EDINBURGH
EH6 6QQ
Tel: 0131 244 5592
email: housingconsultation@scotland.gsi.gov.uk