Housing (Scotland) Act 2014

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Housing (Scotland) Act 2014
Act of the Scottish Parliament
Royal Coat of Arms of the United Kingdom (Scotland).svg
Long title An Act of the Scottish Parliament to make provision about housing, including provision about the abolition of the right to buy, social housing, the law affecting private housing, the regulation of letting agents and the licensing of sites for mobile homes.
Citation 2014 asp 14
Introduced by Nicola Sturgeon MSP [1]
Territorial extentFlag of Scotland.svg  Scotland
Dates
Royal assent 1 August 2014 [1]
Commencement 1 August 2014 (in part) [2]
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The Housing (Scotland) Act 2014 is an Act of the Scottish Parliament which received royal assent on 1 August 2014.

Act of the Scottish Parliament acts passed by the devolved Scottish Parliament, 1997 onwards

An Act of the Scottish Parliament is primary legislation made by the Scottish Parliament. The power to create Acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successful 1997 referendum on devolution.

Royal assent Formal approval of a proposed law in monarchies

Royal assent is the method by which a monarch formally approves an act of the legislature. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy royal assent is considered to be little more than a formality; even in those nations which still, in theory, permit the monarch to withhold assent to laws, the monarch almost never does so, save in a dire political emergency or upon the advice of their government. While the power to veto a law by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century.

Contents

Part 1: Abolition of the Right to Buy

Part 1 of the Act provides for the abolition of the right to buy policy which allowed secure tenants of councils and some housing associations the legal right to buy, at a large discount, the home they are living in. This took effect on 1 August 2016, allowing for two years in which existing council tenants could decide whether they wished to buy their home. The policy marked a significant divergence from that undertaken in England and Wales, with the UK Government legislating to extend right to buy to tenants in housing associations.

Part 3: Short Scottish Secure Tenancies and Antisocial Behaviour Powers

The Act simplifies the eviction process in cases involving antisocial behaviour by allowing social landlords to make use of an existing conviction as grounds for possession.

The Act clarifies that a social landlord can suspend an application for social housing under the following circumstances:

Assignation and Sub-letting

The Act specifies that any person seeking assignation, subletting or joint tenancy of a social rented home, must have been living in that home as their main residence for a period of at least 12 months prior to the application, as opposed to six months.

Improving Standards in Rented Accommodation

The Act introduces new requirements for private landlords to provide carbon monoxide detectors and have electrical fixtures, fittings and appliances tested for safety every five years.

Carbon monoxide Chemical compound

Carbon monoxide (CO) is a colorless, odorless, and tasteless flammable gas that is slightly less dense than air. It is toxic to animals that use hemoglobin as an oxygen carrier when encountered in concentrations above about 35 ppm, although it is also produced in normal animal metabolism in low quantities, and is thought to have some normal biological functions. In the atmosphere, it is spatially variable and short lived, having a role in the formation of ground-level ozone.

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Landlord Owner of a rented building, land or real estate

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A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property.

The Right to Buy scheme is a policy in the United Kingdom which gives secure tenants of councils and some housing associations the legal right to buy, at a large discount, the council house they are living in. There is also a Right to Acquire for assured tenants of housing association homes built with public subsidy after 1997, at a smaller discount. About 1,500,000 homes in the UK have been sold in this manner since the introduction of the scheme in 1980, with the scheme being cited as one of the major factors in the drastic reduction in the amount of social housing in the UK, falling from nearly 6.5 million units in 1979 to roughly 2 million units in 2017, while also being credited as the main driver of the 15% rise in home ownership, which rose from 55% of householders in 1979 to a peak of 71% in 2003.

Rent control in Ontario refers to a system of rent regulation in Ontario, Canada which limits the amount by which the rent paid by tenants for rental accommodation can increase.

Assured shorthold tenancy

The assured shorthold tenancy is the default legal category of residential tenancy in England and Wales. It is a form of assured tenancy with limited security of tenure, which was introduced by the Housing Act 1988 and saw an important default provision and a widening of its definition made by the Housing Act 1996. Since 28 February 1997 in respect of accommodation to new tenants who are new to their landlords, the assured shorthold tenancy has become the most common form of arrangement that involves a private residential landlord. The equivalent in Scotland is short assured tenancy.

Land reform in Scotland is the ongoing process by which the ownership of land, its distribution and the law which governs it is modified, reformed and modernised by property and regulatory law.

Landlord harassment is the willing creation, by a landlord or his agents, of conditions that are uncomfortable for one or more tenants in order to induce willing abandonment of a rental contract. Such a strategy is often sought because it avoids costly legal expenses and potential problems with eviction. This kind of activity is common in regions where rent control laws exist, but which do not allow the direct extension of rent-controlled prices from one tenancy to the subsequent tenancy, thus allowing landlords to set higher prices. Landlord harassment carries specific legal penalties in some jurisdictions, but enforcement can be very difficult or even impossible in many circumstances. However, when a crime is committed in the process and motives similar to those described above are subsequently proven in court, then those motives may be considered an aggravating factor in many jurisdictions, thus subjecting the offender(s) to a stiffer sentence.

Assured tenancy

An assured tenancy is a legal category of residential tenancy to an individual in English land law. Statute affords a tenant under an assured tenancy a degree of security of tenure. A tenant under an assured tenancy may not be evicted without a reasonable ground in the Housing Act 1988 and, where periodic changes in rent are potentially subject to a challenge before a rent assessment committee.

Landlord and Tenant Act 1985 United Kingdom legislation

The Landlord and Tenant Act 1985 is a UK Act of Parliament on English land law. It sets bare minimum standards in tenants' rights against their landlords.

The Ellis Act is a 1985 California state law that allows landlords to evict residential tenants to "go out of the rental business" in spite of desires by local governments to compel them to continue providing rental housing.

Section 8, also known as the Section 8 notice to quit or the Section 8 possession notice, is a prerequisite if the landlord of an assured tenancy wishes to obtain possession order from the court, thereby ending the tenancy, for a reason based on a circumstance entitling the landlord to possession. It is used in England and Wales and is part of the Housing Act 1988.

The history of rent control in England and Wales is a part of English land law concerning the development of rent regulation in England and Wales. Controlling the prices that landlords could make their tenants pay formed the main element of rent regulation, and was in place from 1915 until its abolition by the Housing Act 1988.

In England and Wales, a section 21 notice, also known as a section 21 notice of possession or a section 21 eviction, is the notice which a landlord must give to their tenant to begin the process to take possession of a property let on an assured shorthold tenancy without providing a reason for wishing to take possession. The expiry of a section 21 notice does not bring a tenancy to its end. The tenancy would only be ended by a landlord obtaining an order for possession from a court, and then having that order executed by a County Court bailiff or High Court enforcement officer. Such an order for possession may not be made to take effect earlier than six months from the beginning of the first tenancy unless the tenancy is a demoted assured shorthold tenancy. If the court is satisfied that a landlord is entitled to possession, it must make an order for possession, on a date no later than 14 days after the making of the order unless exceptional hardship would be caused to the tenant in which case possession may be postponed to a date no later than six weeks after the making of the order. The court has no power to grant any adjournment or stay of execution from enforcement unless the tenant has a disability discrimination, public law or human rights defence, or the case is pending an appeal.

Rent control in Scotland is based upon the statutory codes relating to private sector residential tenancies. Although not strictly within the private sector, tenancies granted by housing associations, etc., are dealt with as far as is appropriate in this context. Controlling prices, along with security of tenure and oversight by an independent regulator or the courts, is a part of rent regulation.

The Landlord and Tenant Board is an adjudicative tribunal operated by the government of Ontario that provides dispute resolution of landlord and tenant matters under the Residential Tenancies Act, 2006. It is one of the eight social justice tribunals in Ontario.

Rent regulation

Rent regulation is a system of laws, administered by a court or a public authority, which aims to ensure the affordability of housing and tenancies on the rental market for dwellings. Generally, a system of rent regulation involves:

Rent regulation in England and Wales is the part of English land law that creates rights and obligations for tenants and landlords. The main areas of regulation concern,

The Housing Act 1988 is an Act of Parliament in the United Kingdom. It governs the law between landlords and tenants. The Act introduced the concepts of assured tenancy and assured shorthold tenancy. It also facilitated the transfer of council housing to not-for-profit housing associations.

Housing and Planning Act 2016 United Kingdom legislation

The Housing and Planning Act 2016 is Act of Parliament in the United Kingdom that makes widespread changes to housing policy and the planning system. It introduces legislation to allow the sale of higher value local authority homes, introduce starter homes and "Pay to Stay" and other measures intended to promote home ownership and boost levels of housebuilding. The Act has been subject to a number of criticisms by those opposed to the loss of social housing promoted, the extension of right-to-buy to housing associations and possible work disincentives under "Pay to Stay".

A Rent Repayment Order (RRO) is an order in the United Kingdom that allows a tenant or local authority to reclaim rent or housing benefit where a landlord rents out an unlicenced property such as a House in multiple occupation (HMO).

References

  1. 1 2 "Housing (Scotland) Bill [2013]". parliament.scot. The Scottish Parliament. Retrieved 13 October 2016.
  2. "Housing (Scotland) Act 2014, Section 104: Commencement". Legislation.gov.uk. The National Archives. Retrieved 13 October 2016.