Written Question · S3W-10093 · Session 3
Whether local authorities and registered social landlords have a statutory requirement to inform their tenants of any structural faults fou…
The question
To ask the Scottish Executive whether local authorities and registered social landlords have a statutory requirement to inform their tenants of any structural faults found in their properties and, if so, what legislation establishes this responsibility and from what date the requirement has existed.
The answer
Section 14 of the Housing Defects Act 1984 contained such a requirement. The Act was subsequently repealed and this provision was consolidated into Part XIV of the Housing (Scotland) Act 1987, which remains in force.
The requirement is that a public sector authority as defined in the act (which includes councils and registered social landlords), before selling a dwelling designated as defective under the act, must notify the purchaser in writing of the defect giving rise to the designation and that the purchaser is not eligible for any assistance under that part of the act. Notification has to be given before the sale is concluded.
In addition, section 27 and schedule 4 of the Housing (Scotland) Act 2001 require the landlord in a Scottish Secure Tenancy (SST) to notify the tenant before the start of the tenancy of any work required to make the house wind and watertight and in all other respects reasonably fit for human habitation. SSTs were introduced on 30 September 2002.
There is no other statutory obligation on local authorities or registered social landlords to inform their tenants of the existence of any structural defects in their property.
The requirement is that a public sector authority as defined in the act (which includes councils and registered social landlords), before selling a dwelling designated as defective under the act, must notify the purchaser in writing of the defect giving rise to the designation and that the purchaser is not eligible for any assistance under that part of the act. Notification has to be given before the sale is concluded.
In addition, section 27 and schedule 4 of the Housing (Scotland) Act 2001 require the landlord in a Scottish Secure Tenancy (SST) to notify the tenant before the start of the tenancy of any work required to make the house wind and watertight and in all other respects reasonably fit for human habitation. SSTs were introduced on 30 September 2002.
There is no other statutory obligation on local authorities or registered social landlords to inform their tenants of the existence of any structural defects in their property.
In the Official Report
No contribution in the Official Report cites S3W-10093 by reference.