Housing (Scotland) Act 1988
Housing (Scotland) Act 1988 (1988 c. 43)
- Housing (Scotland) Act 1988 (1988 c. 43)
- Part I Scottish Homes
- Establishment and functions
- 1 Scottish Homes.
- 2 General functions of Scottish Homes.
- 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Finance and administration
- 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Part II Rented Accommodation
- Assured tenancies
- 12 Assured tenancies.
- 13 Letting of a house together with other land.
- 14 Tenant sharing accommodation with persons other than landlord.
- 15 Certain sublettings not to exclude any part of sub-lessor’s premises from assured tenancy.
- Assured tenancies—security of tenure
- 16 Security of tenure
- 17 Fixing of terms of statutory assured tenancy.
- 18 Orders for possession.
- 19 Notice of proceedings for possession.
- 19A Requirement to notify local authority of proceedings for possession
- 20 Extended discretion of First-tier Tribunal in possession claims
- 21 Special provisions applicable to shared accommodation.
- 22 Payment of removal expenses in certain cases.
- Assured tenancies—rents and other terms
- 23 Limited prohibition on assignation etc. without consent.
- 23A Rent cap controls
- 24 Increases of rent under assured tenancies.
- 24A Consideration of notice to increase rent by rent officer
- 24B Right of appeal to First-tier Tribunal against order of rent officer
- 24C First-tier Tribunal’s power to set rent subject to permitted rate
- 24D Withdrawal of referral or appeal
- 24E Landlord application to rent officer to increase rent above permitted rate
- 24F Rent officer’s power to apply rent increase above permitted rate
- 24G Appeal to the First-tier Tribunal
- 24H Withdrawal or dismissal of appeal to the First-tier Tribunal
- 24I Finality of First-tier Tribunal’s decision
- 24J Powers to adjust maximum amount of increased costs by which rent may be increased
- 24K Liability for underpaid rent
- 25 Determination of rent by the First-tier Tribunal
- 25ZA Power to modify this Part
- 25ZB Determination of rent payable
- 25ZC Determination of open market rent
- 25A Assured tenancies: transitional provisions
- 25B Determination of rent by the First-tier Tribunal where section 25A applies
- 26 Access for repairs.
- 26A Discriminatory terms relating to children or benefits status
- Assured tenancies—miscellaneous
- 27 Prohibition of premiums etc. on assured tenancies.
- 28 Effect of termination of tenancy on sub-tenancies which are or are under assured tenancies.
- 29 Restriction on diligence.
- 30 Duty of landlord under assured tenancy to provide written tenancy document and weekly rent book.
- 30A Duty of landlord to provide certain information
- 30B Duty of landlord to provide certain information: further provision
- 31 Right of succession of spouse.
- 31A Succession after the Private Housing (Tenancies) (Scotland) Act 2016 comes into force
- Short assured tenancies
- 32 Short assured tenancies.
- 33 Recovery of possession on termination of a short assured tenancy.
- 34 Reference of rents under short assured tenancies to the First-tier Tribunal
- 35 Disapplication of the First-tier Tribunal’s functions under section 34
- Protection from eviction
- 36 Damages for unlawful eviction.
- 37 The measure of damages.
- 38 Further offence of harassment.
- 39 Variation of scope of sections 23 and 24 of Rent (Scotland) Act 1984.
- 40 Cases excluded from sections 23 and 24 of Rent (Scotland) Act 1984.
- Power to repeal sections 33 and 58 of Rent (Scotland) Act 1984
- 41 Power of Secretary of State to repeal sections 33 and 58 of Rent (Scotland) Act 1984 and to reduce phasing progressively.
- Phasing out of Rent (Scotland) Act 1984 and other transitional provisions
- 42 New protected tenancies restricted to special cases.
- 43 Removal of special regimes for tenancies of housing associations etc.
- 44 New “Part VII” contracts limited to transitional cases.
- 45 Transfer of existing tenancies.
- 46 Statutory tenants: succession.
- Phasing out of assured tenancies
- 46A Change to private residential tenancy by agreement
- General provisions
- 47 Rent (Scotland) Act 1984 not to apply to tenancies subject to shared ownership agreements.
- 48 First-tier Tribunal: procedure and information powers
- 48A Amounts attributable to services.
- 49 Information as to determination of rents.
- 50 Powers of local authorities for the purposes of giving information.
- 51 Application to Crown.
- 52 Saving for common law as to effect of notice of termination upon tacit relocation.
- 53 Orders and regulations.
- 54 Notice under Part II.
- 55 Interpretation of Part II.
- Part III Change of Landlord: Secure Tenants
- 56 Right conferred by Part III.
- 57 Persons by whom right may be exercised.
- 58 Application to exercise rights conferred by this Part and offer to sell.
- 59 Variation of conditions.
- 60 Notice of acceptance.
- 61 Refusal of applications.
- 62 Reference to Lands Tribunal.
- 63 Consent for subsequent disposals.
- 64 Extension etc. of relevant periods.
- Part IV Miscellaneous and General
- 65 “Cost floor” limit on discount on price of house purchased by secure tenant.
- 66 Schemes for payments to assist local authority tenants to obtain other accommodation.
- 67 Abolition and capitalisation of certain subsidies and contributions.
- 68 Abolition of local authority’s power to refer Part VII contracts to the First-tier Tribunal
- 69 Exclusion of SSHA, development corporations and co-operative housing associations from rent limitation under Part VI of Rent (Scotland) Act 1984.
- 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 71 Power of development corporations to dispose of housing land.
- 72 Amendments to the Housing (Scotland) Act 1987 and other enactments and repeals.
- 73 Finance.
- 74 Short title, commencement and extent.
- SCHEDULES
- Incorporation
- Status
- Membership
- Chairman and Deputy Chairmen
- Remuneration, Allowances and Pensions
- Staff
- Proceedings
- Committees
- Execution of Documents
- SCHEDULE 2 Amendments Consequential on Establishing of Scottish Homes and Abolition of SSHA
- General
- Parliamentary Commissioner Act 1967 c. 13.
- House of Commons Disqualification Act 1975 c. 24.
- Local Government (Scotland) Act 1975 c. 30.
- Rent (Scotland) Act 1984 c. 58.
- Housing Associations Act 1985 c. 69.
- Housing (Scotland) Act 1987 c. 26.
- Local Government Act 1988 c. 9.
- SCHEDULE 4 Tenancies which cannot be Assured Tenancies
- Tenancies entered into before commencement
- Tenancies at a low rent
- Tenancies of shops
- Licensed premises
- Tenancies of agricultural land
- Tenancies of agricultural holdings
- Lettings to students
- Holiday lettings
- Resident landlords
- Crown tenancies
- Local authority and other tenancies
- Accommodation for offenders
- Accommodation for homeless persons
- Accommodation for asylum-seekers
- ...
- Shared ownership agreements
- Transitional cases
- SCHEDULE 5 Grounds for Possession of Houses let on Assured Tenancies
- Part I Certain grounds on which First-tier Tribunal may order possession
- Ground 1
- Ground 2
- Ground 3
- Ground 4
- Ground 5
- Ground 6
- Ground 7
- Ground 8
- Part II Further grounds on which First-tier Tribunal may order possession
- Ground 9
- Ground 10
- Ground 11
- Ground 12
- Ground 13
- Ground 14
- Ground 15
- Ground 16
- Ground 17
- Part III Suitable Alternative Accommodation
- Part IV Notices relating to recovery of Possession
- SCHEDULE 6 Statutory or Statutory Assured Tenants by Succession
- Part I New Schedules 1A and 1B to Rent (Scotland) Act 1984
- Part II Statutory Assured Tenants by Succession—Modification of Enactments
- SCHEDULE 7 Housing (Scotland) Act 1987—Amendments connected with Consolidation
- SCHEDULE 8 Housing (Scotland) Act 1987— Minor Amendments
- SCHEDULE 9 Consequential Amendments
- Land Compensation (Scotland) Act 1973 c. 56.
- Local Government, Planning and Land Act 1980 c. 65.
- Matrimonial Homes (Family Protection) (Scotland) Act 1981 c. 59.
- Rent (Scotland) Act 1984 c. 58.
- Housing Associations Act 1985 c. 69.
- Housing (Scotland) Act 1987 c. 26.
- SCHEDULE 10 Repeals
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