Introduction
On 27 April 2009 we published a consultation on a draft Housing (Scotland) Bill, which set out our proposals for safeguarding social housing and for improving the value that we get from this important national asset. We explained at the time that we were considering whether to include in the Bill provisions about private housing and that we intended to consult stakeholders separately on these before deciding whether it is appropriate to include them in the Bill.
This consultation paper deals with the Scottish Government's proposals for the possible inclusion of some private housing issues in the Housing (Scotland) Bill. These measures are largely to assist local authorities to enforce existing legislation more effectively. They have arisen from our review of landlord registration and other comments on the registration system; suggestions for changes to house in multiple occupation ( HMO) licensing; and points raised during the implementation of the powers in the Housing (Scotland) Act 2006 for local authorities to deal with disrepair in privately owned houses.
The issues for consideration are:
Landlord registration
- Giving a local authority a power to obtain information from people connected with a property, in order to enable or assist it to exercise its landlord registration functions. This would be on the model of section 186 of the Housing (Scotland) Act 2006.
- Increasing the maximum fines for landlord registration offences, to bring them in line with the provisions on HMO licensing in the 2006 Act.
- Including information in the register about landlord registration applications that have not yet been processed or approved and cases where an applicant has been refused or deregistered. This could make the register more useful for tenants, neighbours and other members of the public.
- Allowing a local authority to charge a fee for the addition of an agent to a registration.
HMO licensing
- Changing the definition of a licensable HMO to deal with the problem of short-term lets, where residents are living and working in Scotland, particularly as regards the accommodation of migrant workers.
- Making planning permission (where it is required) a requirement for the grant of an HMO licence.
Powers in the Housing (Scotland) Act 2006 for local authorities to deal with disrepair in privately owned houses
- Maintenance powers - giving local authorities the power to pay a "missing share" in relation to a maintenance account for common maintenance, on behalf of owners who are "unwilling" to pay; to charge owners for drawing up maintenance plans where they fail to do so; and to charge owners for the cost of registering maintenance documents.
- Charging orders and repayment charges - a technical amendment to reintroduce a right of appeal against charging orders; and giving local authorities the power to charge owners the registration costs relating to repayment charges.
- Enforcement powers - removing the requirement that Housing Renewal Area draft designation orders must be approved by Scottish Ministers; extending situations where local authorities can provide assistance to include demolition; and ensuring energy efficiency measures are included as possible "improvements" which can attract assistance and be specified in work notices.
If, following this consultation, we decide to include any of the proposals in the Bill, we intend to consult key stakeholders on drafting proposals before introducing the Bill.
A number of other private housing matters that could be taken forward in primary legislation have emerged, particularly from our Review of the Private Rented Sector, which was published in March, and from discussions with stakeholders, including local authorities. These issues are more complex than the matters covered by this consultation, with wider implications, and would require detailed discussions with stakeholders in order to develop fully considered policy positions.
We propose that we and stakeholders give detailed consideration to the more complex issues, particularly in a private rented sector stakeholder working group. The intention would be to develop a consensus around detailed proposals that could be taken forward in a possible Private Housing Bill towards the end of 2010, should a legislative opportunity arise. The group could also be a forum for discussions on how we take forward non-legislative issues arising from the Review of the Private Rented Sector, such as improving knowledge of rights and responsibilities in the sector.
Meanwhile, we are consulting on the possible inclusion in the Housing (Scotland) Bill of the measures listed above, which are relatively straightforward and would help local authorities to enforce existing legislation. We welcome your views on the questions in this consultation paper on these suggested provisions.