Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S3W-32477 · Session 3

Whether it will provide local authorities with a power of entry and inspection of private rented accommodation where there are complaints r…

Answered Asked by Robert Brown LD Lodged 17 Mar 2010

The question

To ask the Scottish Executive whether it will provide local authorities with a power of entry and inspection of private rented accommodation where there are complaints regarding the quality of the landlord’s management or the behaviour of the tenants.

The answer

Answered by Alex Neil on 13 Apr 2010 · 27 days after it was lodged, on time

I established a high level stakeholder group “ the Private Rented Strategy Group in September 2009 chaired independently by Professor Douglas Robertson to take forward the conclusions of the Private Rented Sector Review which was published in March 2009. The group''s first task was to take the evidence and submissions, emanating from the review and come forward with a set of proposals for legislative change. It published its report in January 2010 and I have agreed to consult on its recommendations.
The group''s remit is To advise the Scottish Government on how it can support tenants, landlords and others to grow a professional, high quality Private Rented Sector equipped to provide sustainable housing solutions for Scotland in the 21st century and as part of its deliberations it has considered a range of options presented by stakeholders for consultation for a proposed private housing bill.
The group considered a recommendation from Glasgow City Council on whether access should be given to premises for the purpose of applying the fit and proper person test in relation to landlord registration. The group did not adopt this proposal as this may be seen as intrusion on tenants and could be an infringement of their human rights. Local authorities already have the powers under section 47 of the Antisocial Behaviour etc. (Scotland) Act 2004 and Section 81 of the Environmental Protection Act 1990 to gain access to a property under certain circumstances.
The group did agree however to consult on a couple of measures to allow private landlords the right to gain access to a property such as applying to the Private Rented Housing Panel when in dispute with a tenant about gaining access in relation to the Repairing Standard and allowing a private landlord to inspect and gain possession of an abandoned property by applying to an authorising body.
The group''s work is not concluded and it has identified a number of issues that it will consider further over 2010-12 and therefore no final discussions have been made on its recommendations.

In the Official Report

No contribution in the Official Report cites S3W-32477 by reference.