MAINTAINING HOUSES - PRESERVING HOMES: A REPORT ON RESPONSES TO THE CONSULTATION
APPENDIX 1 CONSULTATION QUESTIONS
Section 2 - Defects and Disrepair
1. The proposed single statutory notice gives local authorities enhanced powers to deal with a wide range of condition problems. Is this the correct way forward?
2. Do you agree that local authorities should have the power to take out a maintenance order against a property or group of properties?
3. Should this maintenance order be limited to five years?
4. Do you agree that it is reasonable to require a sinking fund to be set up as part of the maintenance order requirements?
5. Do you agree that there should be powers to control occupation of properties subject to statutory notices and, if so, how exactly should these powers be enforced?
6. Do you agree local authorities should be able to suspend a notice and, if so, that this suspension should be limited so it only applies until the property is sold or let?
7. Should local authorities be given powers to control occupation where owners cannot be identified?
8. Should local authorities have power to meet the cost of the share of communal repairs due from owners who will not contribute their share (to allow the works to go ahead), linked to a changing order to recover the costs of the works and administration costs?
9. Should local authorities have the power to inspect insurance policies of persons subject to the single notice?
Section 3 - Tolerable Standard
10. Are our proposed extensions to the Tolerable Standard the right ones?
11. Should there be national guidance produced by the Scottish Executive on the interpretation of the Standard?
12. Do you think that an action plan on below Tolerable Standard housing should be required in local housing strategies and that promoting the improvement of housing condition and quality should be a specified purpose?
Section 4 - Area Renewal
13. Do you agree with the repeal of powers to declare Housing Action Areas and their replacement with powers to declare Housing Renewal Areas?
14. Are the criteria for declaring a Housing Renewal Area the right ones? Should other criteria be included?
15. Are the proposed procedures for designating Housing Renewal Areas appropriate?
16. Are the proposed powers for local authorities following designation reasonable?
Section 5 - Assistance to Private Owners
17. Do you agree with the introduction of a range of types of assistance?
18. Are the types of assistance proposed the right ones?
19. Do you agree with the proposals for amending the legislation on grants?
20. With the exception of adaptations for disabled persons and fire precautions, should eligible works for financial assistance be limited to those relevant to the Tolerable and Scottish Housing Quality Standards?
21. Do you agree that subsidised loan should be available as an alternative to grant?
Section 5 - Charging Orders
22. Do you think that charging orders will be an effective means of releasing capital for carrying out repairs and improvements?
23. Have we identified the circumstances in which it would be appropriate to use charging orders?
Section 6 - Single Survey
24. Should the Executive
- take reserve powers to compel sellers to make a single survey available when marketing their properties; or
- commence such powers along with the rest of the Bill; or
- should this be left entirely to the market?
25. Should there be exemption from the requirement to provide a single survey and, if so, what classes of property should be exempted?
26. Should there be a time limit on the survey and what should these limits be?
27. What is an appropriate enforcement mechanism if the survey is not made available as required?
28. Should powers be wide enough to require sellers to provide other information, such as proposed for the Purchaser's Information Pack, or should it be restricted to a single survey?
Section 6 - Energy Performance Certificates
29. There is the potential for sanctions to be applied where the EU Directive requirement on energy performance certificates is not complied with. What do you think would be appropriate sanctions?
30. Should the energy performance certificate incorporate an A to G coloured banding energy rating, similar to the energy labels displayed when household appliances are retailed?
Section 7 - The Repairing Standard
31. Are there any other elements that you would include in the modernised Repairing Standard for private landlords?
32. Do you agree with the proposed range of tenancies to which the new standard would apply?
33. Should there be a statutory requirement that all written leases should include an explicit statement of the private landlords' repairing obligation?
Section 7 - The Private Rented Housing Tribunal
34. What changes do you think would need to be made to the Rent Assessment Panel and Committees to equip them for their extended role?
35. The name "Private Rented Housing Tribunal for Scotland" is a working title. Do you have any other suggestions for another name for the service?
Section 7 - Houses in Multiple Occupation
36. Do you agree that a new legislative framework is necessary for Houses in Multiple Occupation?
37. Do you agree that the repeal of part VIII powers is a good idea? If not, which powers would you retain?
38. Are you in favour of the proposed changes to the legislative framework for HMO licensing as set out? Would you add to or question any of these changes?
Section 7 - Adaptations
39. Do you have any comments on the possible introduction of a right for tenants with disabilities to carry out adaptations to their homes and how it would operate?
Section 7 - Extending the National Registration Scheme for Private Landlords
40. Is it sensible to consider extending this scheme or will this place too great a regulatory burden on landlords?
41. If the registration scheme is to be strengthened should this be on the basis of "certification" approach set out above?
42. If the registration scheme is to be strengthened what conditions should be applied?
43. If the registration scheme is to be strengthened should this be as an alternative to the proposals for Private Sector Housing Tribunals?
Section 8 - Mobile Homes
44. Do you agree with these proposals and, if not, why not?
45. Will these proposals, taken with the existing legislation, adequately protect mobile home occupiers?
General
46. Do you have any comments or suggestions in respect of any of the above proposals?