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CONSULTATION ON REGULATIONS UNDER SECTION 7 OF THE HOUSING (SCOTLAND) ACT 2001: Rights and responsibilities in temporary accommodation
ANNEX C
Draft Regulations laid before the Scottish Parliament under section 109(6) of the Housing (Scotland) Act 2001, for approval by resolution of the Scottish Parliament.
DRAFT Scottish Statutory Instruments
2005 No. [ ]
housing
The Terms of Occupancy of Residential Accommodation (Scotland) Regulations 2005
Laid before the Scottish Parliament in draft
Made | - | [ ] 2005 |
Coming into force | - | [ ] 2005 |
The Scottish Ministers, in exercise of the powers conferred by sections 7(3) and 109(2) of the Housing (Scotland) Act 2001( 10) and of all other powers enabling them in that behalf, and after consultation with such associations representing local authorities, such associations representing registered social landlords, and such other persons, as they think fit in accordance with section 7(8) of that Act, hereby make the following Regulations, a draft of which has, in accordance with section 109(6) of that Act, been laid before and approved by resolution of the Scottish Parliament:
Citation and commencement
1. These Regulations may be cited as the Terms of Occupancy of Residential Accommodation (Scotland) Regulations 2005 and shall come into force on [ ] 2005.
Interpretation
2. - 3. In these Regulations-
"accommodation" means the descriptions of occupancy of residential accommodation specified in regulations made by Scottish Ministers in exercise of the powers conferred on them by sections 7(1) and 109(2) of the Housing (Scotland) Act 2001;
"additional terms of occupancy" means any terms of occupancy agreed between the provider and the occupier in addition to the specified terms of occupancy;
"occupier" means the individual in occupancy of the accommodation;
"provider" means the individual or body providing the accommodation to the occupier; and
"specified terms of occupancy" has the meaning given in regulation 3.
(2) Any reference in these Regulations to a numbered regulation unless otherwise expressly provided for is be construed as a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is to a paragraph bearing that number in that regulation.
Terms of occupancy
3. The terms of occupancy set out in regulations 4 to 15 are specified as terms of an occupancy which have effect as between the occupier and the provider as regards any occupancy commenced on or after the coming into force of these Regulations, and are the specified terms of occupancy.
Written Agreement
4. The provider shall no later than 24 hours after the commencement of the occupancy of the accommodation provide the occupier with a written record in an appropriate form for the occupier including Braille, translation or large print setting out-
(a) the specified terms of occupancy set out in regulations 5 to 15; and
(b) any additional terms of occupancy.
Information
5. The occupier may seek independent advice from any person providing advocacy, information and legal services in relation to the specified terms of occupancy and the additional terms of occupancy.
6. The provider shall respond, in so far as reasonable, to any request for information or explanation from the occupier in relation to the specified terms of occupancy and the additional term of occupancy.
7. The occupier shall be responsible for that occupier's personal possessions.
Condition of Accommodation
8. The provider shall ensure that the accommodation is, both on the commencement of the occupancy and throughout the occupancy, wind and water tight and in all other respects reasonably fit for human habitation.
Use of Accommodation
9. The occupier shall not use, or permit any other person to use the accommodation for illegal or immoral purposes.
Conduct of Occupier
10. The occupier shall not act or pursue a course of conduct in or at the locality of the accommodation which results in a serious danger to other occupiers or staff of the accommodation.
11. The occupier shall not act or pursue a course of conduct or permit or encourage any other person to act or pursue a course of conduct in or at the locality of the accommodation which-
(a) is detrimental to the health or likely to seriously endanger the safety of any person; or
(b) causes or is likely to cause alarm, distress, nuisance or annoyance to any person.
Conduct of Provider
12. The provider shall not act or permit or encourage any person to act so as to unreasonably prevent or restrict the occupier-
(a) receiving mail addressed to the occupier at the accommodation;
(b) receiving visitors;
(c) accessing a telephone which is available at the accommodation for the use of occupiers; or
(d) accessing that occupier's personal possessions.
Entry
13. In the absence of consent of the occupier, the provider, or a person authorised by the provider, may obtain entry to the accommodation-
(e) on 24 hours notice to the occupier; or
(f) immediately where the provider has reasonable cause to believe-
(i) there is a serious danger to the occupier or any other person in the accommodation;
(ii) there is a serious danger of damage to the accommodation; or
(iii) the occupier has used, or permitted any other person to use the accommodation for illegal or immoral purposes.
Termination of occupancy
14. - 4. Save where the circumstances in paragraph (2) apply, the minimum period of notice to be given by the provider to the occupier before the right of occupancy can be terminated shall be-
(a) not less than 28 days where the occupier has been in occupancy of the accommodation for a period exceeding 6 months;
(b) not less than 14 days where the occupier has been in occupancy of the accommodation for a period exceeding 3 months;
(c) not less than 7 days where the occupier has been in occupancy of the accommodation for a period exceeding 28 days;
(d) not less than 5 days where the occupier has been in occupancy of the accommodation for a period exceeding 14 days.
and 72 hours in all other circumstances.
(2) Where the provider has reasonable cause to believe that the occupier is in breach of the term of occupancy set out in regulation 10, the provider may terminate the occupancy without any minimum period of notice detailed in paragraph (1) having been given.
Application to court
15. - 5. In the event that the provider has terminated the occupancy in terms of paragraph (2) of regulation 14 the occupier may appeal against that termination by summary application to the sheriff.
(2) If the sheriff is satisfied that the provider did not have reasonable cause to believe that the occupier was in breach of the term of occupancy set out in regulation 10 the sheriff may make such order as it considers reasonable in all the circumstances.
(3) The decision of the sheriff on an appeal under this regulation 15 shall be final.
Notification
16. In these Regulations any references to giving "notice" and "notified" means that a person has received a communication in writing which is-
(a) given or delivered to that person;
(b) sent by post in a prepaid registered letter or by the recorded delivery service to that person at that person's usual or last known place of abode; or
(c) sent to that person in some other manner including electronic means which the sender considers likely to cause it to be delivered on the same or next day.
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