To ask the Scottish Executive what action is taken to ensure all property, both rented and privately owned, is properly maintained.
The owners of privatelyowned properties are responsible for their maintenance. Where lack ofmaintenance affects neighbouring properties, the owners of those properties mayrequire maintenance to be carried out, either in terms of title obligations orunder common law. Where parts of the premises are held in common with otherowners, those owners will be able to enforce the responsibilities specified inthe title deeds. Where the deeds are silent or ambiguous aboutresponsibilities, the Tenements (Scotland) Act 2004 defines those responsibilities if theproperty is in a tenement in terms of the act.
If lack of maintenance leadsto the property falling below the Tolerable Standard or falling into seriousdisrepair, the local authority may serve an improvement order or repairs noticerequiring work to be done, in terms of section 88 or section 108 of the Housing(Scotland) Act 1987. In a Housing Action Area it may serve a notice to similareffect. If the authority serves such an order or notice it must make availablegrant of 50% of the approved cost of eligible works, or more if the owner’sfinancial circumstances indicate a higher grant in terms of the standard test. Ifthe owner fails to carry out required works the authority can do the works andrecover the cost from the owner.
When the relevant parts of theHousing (Scotland) Act 2006 come into effect, which is expected to be betweenmid-2007 and early 2008, improvement orders and repairs notices will bereplaced by work notices. Work notices will also be the means of enforcement inHousing Renewal Areas, which will replace Housing Action Areas. Where a noticeis served the local authority will require to provide assistance but this willnot necessarily be in the form of grant. In addition, local authorities will beable to make a maintenance order where a house has not been, or is unlikely tobe, maintained to a reasonable standard. A maintenance order will require theowner to submit and implement a maintenance plan. The authority will be able toimpose a plan if necessary. Authorities will be able to carry out works thathave not been implemented in terms of a work notice or maintenance plan andrecover the cost from the owner.
The same requirements applyto owners of property that is let to others. A private landlord also has alegal responsibility to the tenant to maintain the house to the repairingstandard defined in schedule 10 of the 1987 act, in addition to any maintenanceobligations that the landlord may have agreed with the tenant in terms of thelease. It is for the tenant to enforce the landlord’s obligation through thecourts.
From early 2007, the privatesector repairing standard will be enhanced in terms of section 13 of the 2006Act, and a tenant will be able to enforce the standard by application to thePrivate Rented Housing Panel. If the panel finds that the standard has beenbreached it will be able to serve a repairing standard enforcement orderrequiring the landlord to carry out works to comply with the standard. Thelocal authority will also be able to carry out necessary works and recover thecost from the landlord.
Tenants of local authoritiesor registered social landlords with a Scottish Secure Tenancy or a ShortScottish Secure Tenancy are able to use the landlord’s formal complaints systemand if that does not resolve the matter, to complain to the Scottish PublicServices Ombudsman if they feel that the landlord has not complied with therepairing obligations for such landlords contained in schedule 4 of the Housing(Scotland) Act 2001.
Tenants are held responsibleby their landlord for matters that they have agreed should be the tenant’sresponsibility in terms of the lease and for breaches of the common law duty touse the house in a proper manner, not to damage it and to repair any damagethat occupants or visitors cause.