Proposed Housing Bill - 11/03/2010

The Scottish Government has this week launched a consultation paper on a proposed housing bill to implement action points raised by their 2009 review of the private rented sector.

The issues raised in the consultation paper are:

Landlord registration

• Expanding the list of offences to be declared by an applicant for landlord registration.
• Allowing a local authority to require a criminal record certificate to verify information.
• Requiring the Private Rented Housing Panel to obtain and check landlord registration numbers.
• Requiring landlord registration numbers in advertisements of properties to let.
• Allowing a local authority to require an agent to provide a list of properties managed.

Houses in Multiple Occupation (HMO) licensing

• Allowing tenants and local authorities to claim back rent paid in an unlicensed HMO.
• Providing that failure to provide information when required will lead to the presumption that a property is an HMO.

Overcrowding in the private rented sector

• Allowing local authorities to require private landlords in a specified locality to issue a statement of the number of people permitted in a house.
• Allowing a local authority to serve an Overcrowding Abatement Order on a privately rented house where overcrowding was causing serious nuisance or seriously affecting the welfare of occupants.

Tenancy regime

• Allowing a private landlord to apply to the Private Rented Housing Panel when in dispute with a tenant about gaining access in relation to the Repairing Standard.
• Allowing a private landlord to inspect and gain possession of an abandoned property by applying to an authorising body.
• Requiring a private landlord or agent to issue a pack containing specified information to a tenant at the start of the tenancy.
• Merging the documents at the start of a Short Assured Tenancy into one form.
• Making all pre-tenancy charges illegal apart from those specified as reasonable.
• Clarifying the notices issued to gain possession of a property subject to a Short Assured Tenancy.

Licensing of mobile home sites

• Giving local authorities more powers to improve practice and standards on sites.
• Allowing a local authority to revoke or suspend a site licence without court action.
• Requiring individuals to show that they are suitable to hold a site licence.
• Giving local authorities more enforcement powers without having to go to court.
• Requiring sites not requiring a licence to comply with model standards.
• Giving licensing authorities power to charge fees.

The 20 year rules

• Whether limited changes to the 20 year lease rule should be considered to encourage long-term private investment in affordable and other housing.
• Whether provisions regarding the redemption of standard securities (mortgages) after 20 years should be amended to encourage long-term lending and investment in affordable and other forms of housing.

The consultation period closes on 19th April. The paper, and information on how to respond via an online questionnaire, is available at the following Scottish Government website link:

Website: www.scotland.gov.uk/Publications/2010/03/04140613/0