Chamber and committees

The keeper has robust measures in place to minimise the effects of fraud, and keeps them under review. She has a designated fraud officer responsible for implementing her fraud prevention and mitigation policies, and for delivering regular staff training. Her staff are encouraged to refer suspicious applications to the fraud officer. In order to aid earlier detection, the keeper meets with other bodies such as the Law Society of Scotland, the Council of Mortgage Lenders, Police Scotland and Revenue Scotland. She also maintains communications with other land registries both in the UK and internationally to monitor trends.

The reply to S4W-30417 on 17 March 2016 sets out the process for fraud discovered after registration. If an allegation of fraud is made before an application for registration has been determined then the keeper will apply her policy on holding applications in abeyance as set out in Registers Update 42 (issued in December 2014).

All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

Assistance for home owners is the responsibility of local authorities. Local authorities have a wide range discretionary powers to assist owners who need help to identify work needed to look after their home.

If occupants are private tenants, the landlord is required to carry out an inspection before the tenancy begins to ensure that the house complies with the repairing standard under the Housing (Scotland) Act 2006. Information about a landlord’s duties, what documents should be provided, and tenant’s rights is set out in the statutory tenant information pack.

If occupants are social tenants, the Scottish Social Housing Charter requires their landlord to provide information about its decisions and services, to ensure homes meet the Scottish Housing Quality Standard and to keep them in a good state of repair.

The statutory scheme of land registration is set out in the Land Registration etc. (Scotland) Act 2012, which came into effect on 8 December 2014. A person affected by a fraudulent disposition that has been registered may request rectification of the register. The keeper will be able to rectify the register where there has been a fraudulently granted deed, unless the property has subsequently been transferred to a third party who acquired it in good faith. If the register cannot be rectified then the victim of the fraud may be entitled to monetary compensation from the keeper for the value of their loss.

For historical reasons Edinburgh City Council had local powers to enforce repairs under Part 6 of the City of Edinburgh District Council Order Confirmation Act 1991. Since 2009 all local authorities have had discretionary powers to require owners to carry out work to repair homes or to plan maintenance. We have established a stakeholder forum to consider whether there should be a new single condition standard for all housing tenures to support repairs to common parts in mixed tenure buildings.

The keeper has adopted a new policy on holding applications in abeyance.

I refer the member to the answer to question S4W-30418 on 17 March 2016. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

Registers of Scotland (RoS) does not currently publish Freedom of Information (FOI) responses on its website. However, RoS plans to introduce a disclosure log of FOI information to its publication scheme in spring 2016 in line with best practice guidance.

Assistance for home owners is the responsibility of local authorities. Local authorities have a wide range of powers to assist owners who need help with work needed to look after their home. However, it is for each local authority to decide what kinds of help should be provided in different circumstances and this will be subject to local priorities and budgets.

If occupants are private tenants, the landlord is required to meet their duty to repair and maintain its properties as set out in the repairing standard under the Housing (Scotland) Act 2006. Private tenants can apply to the Private Rented Housing Panel for assistance if landlords fail to carry out repairs that are needed to meet the repairing standard. The Housing (Scotland) Act 2014 introduces new powers for local authorities to raise breaches of the statutory repairing standard for private rented homes directly with the Private Rented Housing Panel on behalf of vulnerable tenants.

If occupants are social tenants, the landlord is expected to meet their duty to repair and maintain property under the Housing (Scotland) Act 2001 and to ensure that property meets the Scottish Housing Quality Standard. Social tenants have a right of complaint against their landlord to the Scottish Public Services Ombudsman.

The Property Factors (Scotland) Act 2011 came into force on 1 October 2012 and provides protections for homeowners who use the services of a registered property factor.

The current legislation has been operating for just over three years and no review has taken place to date. There are also no current plans to review the Act, but a review of the code of conduct for registered property factors established under the Act is planned to start in 2016. The code sets out minimum standards of practice which all registered property factors are obliged to comply with.

We will engage with property factors and homeowners so that they can play a key role in the review and developing any revised code of conduct. Any revised code would also be subject to public consultation and approval by the Scottish Parliament. We are also happy to work with the industry and others with a view to identifying any other ways to strengthen the Act.

Registered landlords have a legal duty under section 87(2) of the Antisocial Behaviour etc. (Scotland) Act 2004 to notify the local authority in writing as soon as practicable, if any information provided by the person in their registration application, becomes inaccurate.

Where a landlord fails to keep their contact details up to date, the local authority, as part of its responsibilities for enforcing landlord registration in its area, is able to refer the matter to the police. A landlord guilty of an offence under section 87(2) shall be liable on summary conviction to a fine not exceeding level 3, equivalent to £1,000, on the standard scale. Evidence of such an offence may also be taken into account as part of the fit and proper person test. Where the landlord is found not to be fit and proper, they may be removed from the register.

The Tenements (Scotland) Act 2004 followed a detailed report on the law of the tenement by the Scottish Law Commission. The Scottish Government introduced new powers amending the tenement management scheme in the Housing (Scotland) Act 2014. We made a commitment in the sustainable housing strategy to develop proposals for a working group to consider a single condition standard for all housing tenures to support repairs to common parts in mixed tenure buildings. A stakeholder forum has been established to take this forward with a view to conducting a formal public consultation in 2017.