Current Petitions

Petition PE721, by Alan McLauchlan, calls for the Parliament to urge the Executive to produce authoritative guidelines in relation to provisions contained in the Housing (Scotland) Act 2001 and to ensure that those guidelines and adequate advice on the act is available to all tenants subletting, assigning or exercising the right of the other provisions of the act. At its meeting on 12 May 2004, the committee agreed to seek the views of the Chartered Institute of Housing in Scotland, the Scottish Executive and the Scottish Federation of Housing Associations. In its response, the Executive states:"it is ultimately for the courts to interpret where there is a dispute, not the Scottish Executive. Mr McLauchlan states that RSLs can interpret the law as they see fit. This is not the case." The Executive also states:"Mr McLauchlan asks ‘that Parliament gives tenants the right to sublet with the consent of their social registered landlord which must not be withheld unreasonably, to sublet their house for however long they feel the need.' Our understanding is that this is what the legislation does."The CIHS in its response claims that disputes could be better resolved outwith the formal court process via a housing tribunal, which would be able to seek to resolve disputes between landlord and tenant initially through mediation, but with the power to enforce a legally binding decision. The SFHA believes:"landlords should try to set out some guiding principles about potential reasons for refusal in their estate management or tenancy management policy, which is available to tenants."Do members have comments on the responses and how they take the issue forward?

Could we write to the Executive asking it whether it will comment on the proposals that we have heard from the CIHS on the housing tribunal and the response that we had from the SFHA on landlords setting out potential reasons for refusal to allow sublets?

I have no in-principle objections to the recommendations, but I have to say that I thought that the Executive's response was clear. I suppose that I should declare an interest as the minister who rejected housing tribunals, despite the comments from the CIHS.

Defend yourself.

The Executive has set out what it has done. It provides a leaflet, which Mr McLauchlan asked for, and it provides guidance. It has answered Mr McLauchlan's points quite comprehensively. That said, I have no problems with the principle of the recommendations.

We will do what has been recommended, then. Is that okay?Members indicated agreement.