Housing (Scotland) Act 2006 - Summary Document for EHOs
This legislation was passed by the parliament 24 November 2005 and received Royal Assent on 5 January 2006. It builds on and repeals certain sections of the previous Housing (Scotland) Acts (HSAs) and will have a major impact on how Environmental Health Officers deal with sub-standard housing.
Please find below a summary of the main changes with likely timescales. Further information can be found from the full document: http://www.opsi.gov.uk/legislation/scotland/acts2006/20060001.htm
Or the Scottish Executive Development Department Circular: Implementing the Housing (Scotland) Act 2006, http://www.scotland.gov.uk/Resource/Doc/136972/0034038.pdf
Summary of Main Changes
· Housing Renewal Areas
Based on previous Housing Action Areas. The new Act enables Local Authorities (LAs) to stop the deterioration of an area before houses have to be condemned and deals with area-based problems. It allows a LA to designate a Housing Renewal Area (HRA) when either a significant number of the houses in the locality are sub-standard or the appearance or state of repair of any houses in the locality is adversely affecting its amenity. A LA can propose a HRA by producing a draft designation order including an action plan, this should consider any community representations, and is submitted to Ministers for approval. (powers could be in place early 2008)
· Local Housing Strategies
Further to HSA 2001, LAs will need to include 3 additional elements in their strategy: how they will fulfil their duty to deal with houses below tolerable standard (S.85, HSA 1987); identification of HRAs; and use of the ‘scheme of assistance’ to improve the condition of houses. (mid 2007 – early 2008)
· Tolerable Standard
This will be amended to include satisfactory thermal insulation; safe electrical wiring & associated components, where electricity is available; confirmation that a waterless closet is acceptable.
(mid 2007 – early 2008)
· Repairing Standard for private rented housing
Expansion of definition of the ‘repairing standard’ and the existing duty to repair and maintain. This standard will now include any fixtures, fittings and appliances provided under the tenancy are in reasonable repair and working order; any furnishings can be used safely; satisfactory provision for detecting and giving warning of fires. (early 2007)
· Repair, Improvement and Demolition of Houses
LAs will be given the power to serve a work notice requiring an owner to carry out work. This will replace the current ‘repair notice’ and ‘improvement order’ (both under HSA, 1987) and no longer require LAs to provide a grant. If the owner of a house does not comply with a work notice or demolition notice the local authority can do the works and recover their expenses, without having to acquire it. (mid 2007 – early 2008)
· Maintenance
New powers will be given to LAs to require that maintenance is carried out to ensure that houses remain in good condition. Maintenance Orders (MOs) can be served on the owner of a house which, has not been, or is unlikely to be, maintained to a reasonable standard. It can be served on an individual house, including common parts, garden, garage, out-house, or a group of houses or block of flats. The MO requires the owner/s to produce a maintenance plan which must be submitted to the LA for approval; timescale not exceeding 5 years. It may be appropriate to serve a MO following a work notice or HRA to ensure that the benefits of the work be continued. (mid 2007 – early 2008)
· Right to Adapt Rented Houses
Private tenants will be given the right to adapt the house to meet needs of a disabled occupant, or install central heating and other energy efficient measures subject to landlord consent. This consent can’t be withheld unreasonably and may be subject to reasonable conditions. The landlord would not be expected to incur cost of works or any loss of value to property and can require the house be reinstated to the original condition. (4 December 2006)
· Scheme of Assistance
This new scheme replaces the system of improvement and repair grants (HSA 1987/2001). It is based on the principal that individual owners are responsible for maintaining their properties in good condition, with assistance where necessary. There is no longer the automatic requirement to provide a grant where a statutory notice is served; however a mandatory grant is retained for standard amenity provision to meet the needs of a disabled occupant. Assistance must be provided by LAs where a works notice has been served or a disabled occupant requires adaptation; this can be in the form of grants, loans, practical assistance, information or advice. (early –mid 2007)
· Purchaser’s Information Pack and Single Survey
There will be a requirement on a person selling a house to provide a purchasers information pack, including a single survey. (early-mid 2008)
· Tenancy Deposits
Ministers are given powers to make regulations to approve and set conditions for tenancy deposit schemes. The Scottish Executive will be consulting on this in the near future. (operational mid 2008)
· Licensing of Houses in Multiple Occupation
The previous HMO legislation under the Civic Government Scotland Act 1982 is now re-enacted in primary legislation which should promote national consistency. New power to serve an HMO amenity notice; this will require the owner to make the living accommodation reasonably fit for occupation by a specified number of persons. (2008)
· Mobile Homes
This will extend protection for people living in a mobile home who let a stance from a site operator. New regulations will be put in place covering rights of mobile home and site owners, including tenancy conditions, security of occupation, selling of a mobile home, and protection of mobile home owners against harassment. (mid-2007)
· Repayment Charges
Repayment charges are up-dated versions of charging orders (HSA 1987), most of which they will replace. These can be used where LAs are entitled to recover certain expenses and payments, including interest and administrative expenses.
· Landlord Registration
Sections 175 – 178 and 180 of the new Act have already been brought into force. These follow on from the Landlord Registration provisions in the Antisocial Behaviour (Scotland) Act 2004. A Letting Code may be produced following assessment by the Scottish Executive; if required, this could be in place late 2008.
DPD/Jennifer/06/02