Housing (Scotland) Act 2014 Explained

Short Title:	Housing (Scotland) Act 2014
Type:	Scottish Act
Parliament:	Scottish Parliament
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.
Year:	2014
Citation:	2014 asp 14
Introduced By:	Nicola Sturgeon MSP^[1]
Royal Assent:	1 August 2014
Commencement:	1 August 2014 (in part)^[2]
Status:	Current
Original Text:	http://www.legislation.gov.uk/asp/2014/14/contents/enacted
Legislation History:	http://www.parliament.scot/parliamentarybusiness/Bills/70102.aspx
Revised Text:	http://www.legislation.gov.uk/asp/2014/14/contents

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

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:

There is evidence that the applicant, a member of their household or a visitor has been engaged in antisocial behaviour in or near their home or towards the landlord’s staff;
The applicant has previously been evicted by a court order;
The applicant has lost a previous tenancy through abandonment;
The applicant has been evicted under the Housing (Scotland) Act 2001 for damage to the home or its contents;
The applicant has outstanding rent arrears and there is no arrangement in place;
The applicant has previously provided false information to obtain a tenancy;
The applicant has unreasonably refused the offer of one or more homes.

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.

Notes and References

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