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Private Sector Housing Issues for Possible Inclusion in the Housing (Scotland) Bill: A Consultation - Questionnaire

We invite responses to the consultation paper by 27 September 2009.

You can use the online questionnaire for your response. It covers all the questions included in the consultation paper. You can also download a Word version of the questionnaire and Respondent information form from our website and send your replies by email to housing2admin@scotland.gsi.gov.uk

or post your response to:

Please send your completed respondent information form with your reply (see 'handling your response' below).

If you have any queries about how to reply, please contact a member of the team on 0131 244 5528 or email us at housing2admin@scotland.gsi.gov.uk .

Questions

There are four sets of questions, on:

1. Part 1 of the consultation paper - landlord registration;
2. Part 2 of the paper - licensing of houses in multiple occupation;
3. Part 3 of the paper - matters arising from implementation of local authority powers in the Housing (Scotland) Act 2006; and
4. Annex A - the draft equalities impact assessment.

You don't need to answer all the questions if you don't want to. Different questions may be more or less important to different groups of people or organisations. We want your comments on the areas that matter most to you, so please feel free to focus on as many or as few as you wish. However, we would particularly welcome comments on the draft equalities impact assessment.

Handling your response

We need to know how you wish us to handle your response and, in particular, whether you are happy for us to make your response public. Please complete and return the respondent information form which comes with this questionnaire. This will help us to treat your response appropriately. If you ask for your response not to be published we will regard it as confidential, and we will treat it as such.

The Scottish Government is subject to the provisions of the Freedom of Information (Scotland) Act 2002. This means we have to consider any request made to us under the Act for information relating to responses made to this consultation exercise.

Private Sector Housing Issues for Possible Inclusion in the Housing (Scotland) Bill: A Consultation - Questionnaire

Part 1 - Landlord Registration

Question 1.1

Do you consider that a local authority should be able to require persons associated with a property to provide information to help it to carry out its landlord registration functions?

Question 1.2

Do you consider that the maximum fine for failing to register as a landlord or communicating with another person with a view to entering into a lease or an occupancy arrangement without being registered should be increased, and if so do you consider that £20,000 is the appropriate maximum level of fine?

Question 1.3

Do you consider that the landlord register should contain additional information, indicating (a) that an application has been received but has not yet been processed or approved, and (b) that a landlord has been refused registration or has been de-registered?

Question 1.4

Do you consider that a local authority should have the power to charge a registered landlord a fee for nominating an agent? If so, what do you think would be a reasonable charge?

End of part 1

Private Sector Housing Issues for Possible Inclusion in the Housing (Scotland) Bill: A Consultation - Questionnaire

Part 2 - Licensing of Houses in Multiple Occupation

Question 2.1

Do you consider that Part 5 of the Housing (Scotland) Act 2006 should be amended to expand the definition of a licensable HMO to cover short-term lets? If so, should this be done (a) by counting for the purpose of licensing all occupants who have a main residence elsewhere, or (b) by counting occupants who have a main or only residence outside the UK, or (c) by some other way?

Question 2.2

What implications of any such changes do you think should be taken into account before deciding whether to amend the definition of an HMO?

Question 2.3:

Do you consider that there is a problem with licensed HMOs operating without planning permission?

Question 2.4:

Do you consider that having planning permission (where it is required) should be a requirement for the granting of an HMO licence?

Question 2.5:

If so, should it be a mandatory requirement, or left to the discretion of each local authority?

Question 2.6:

If such a requirement were in place, do you consider that this requirement should relate only to new applications for licences, not to applications for renewals?

End of part 2

Private Sector Housing Issues for Possible Inclusion in the Housing (Scotland) Bill: A Consultation - Questionnaire

Part 3 - Matters Arising from Implementation of Local Authority Powers in the Housing (Scotland) Act 2006

Question 3.1

Where a local authority prepares a maintenance plan because the owner has (or owners have) failed to submit a satisfactory plan by the date specified in the maintenance order, do you consider that the authority should be able to charge the owner (or owners) the cost of doing so?

Question 3.2

Do you consider that local authorities should have powers to charge owners their expenses in registering documents relating to maintenance? Should this apply to all the documents mentioned in paragraph 29 above, or only some?

Question 3.3

Do you consider that the situations in which local authorities can pay a missing share into a maintenance account should be extended to include situations where an owner is unwilling to pay?

Question 3.4

Do you support the restoration of the right of appeal against charging orders?

Question 3.5

Do you support the proposal to allow (though not oblige) local authorities to pass on the expenses of registering repayment charges and discharge of repayment charges?

Question 3.6

What are your views on removing the requirement that Scottish Ministers must approve draft Housing Renewal Area designation orders before they can be made?

Question 3.7

Do you consider that the situations in which local authorities can provide assistance under section 71 should be extended to include demolition? If so, do you think this should be restricted to non-financial assistance? Would this be demolition only in pursuit of demolition notices as part of an HRA, or demolition more broadly?

Question 3.8

Do you support the specific inclusion of energy efficiency measures in "improvement" and "work" in the 2006 Act?

End of part 3

Private Sector Housing Issues for Possible Inclusion in the Housing (Scotland) Bill: A Consultation - Questionnaire

Annex A - Draft Equalities Impact Assessment

Question A.1

What else do we need to know about private tenants to help us to understand their diverse needs and experiences in relation to landlord registration and short-term lets, and where can we get this information?

Question A.2

Is there any information we need to know about private landlords to help us to understand their diverse needs and experiences in relation to landlord registration and short-term lets, and where can we get this information?

Question A.3

What else do we need to know about private owners to help us to understand their diverse needs and experiences in relation to local authority powers to deal with disrepair in private houses, and where can we get this information?

Question A.4

Do you think the changes to the landlord registration system will have a disproportionately negative impact on particular groups of people in our target audience?

Question A.5

If you think these proposals will have a negative impact on a particular group, why is this?

Question A.6

What positive impacts do you think the changes will have on particular groups of people?

Question A.7

What changes to these proposals would you suggest to reduce any negative impact or enhance any positive impact you have identified?

Question A.8

Do you think the changes to HMO licensing will have a disproportionately negative impact on any group, or groups, of people?

Question A.9

If you think there will be an negative impact on a particular group, why is this?

Question A.10

What positive impacts do you think the changes will have on particular groups of people?

Question A.11

What changes to these proposals would you suggest to reduce any negative impact or enhance any positive impact you have identified?

Question A.12

Do you think the changes to the enforcement and assistance powers will have a disproportionately negative impact on particular groups of people in our target audience?

Question A.13

If you think these proposals will have a negative impact on a particular group, why is this?

Question A.14

What positive impacts do you think the changes will have on particular groups of people?

Question A.15

What changes to these proposals would you suggest to reduce any negative impact or enhance any positive impact you have identified?

Question A.16

When we complete our impact assessment of the changes to landlord registration, HMO licensing and the local authority powers to deal with disrepair in private housing, are there any other significant issues we need to consider in relation to:

• Age
• Disability
• Gender
• Sexual orientation (Lesbian, Gay, Bisexual and Transgender [ LGBT])
• Race
• Religion and belief?

Please continue on a separate sheet if necessary.

End

Thank you for taking the time to respond.

Please remember to complete your Respondent Information Form and return it to us with this questionnaire.

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