Housing (Scotland) Act 1969

JurisdictionUK Non-devolved
Citation1969 c. 34
Year1969


Housing (Scotland) Act 1969

1969 CHAPTER 34

An Act to prescribe a tolerable standard for houses and to make provision for the treatment of houses and areas, and for payments in respect of houses purchased or vacated, which do not meet that standard; to make new provision with respect to the repair of houses; to make further provision for grants by local authorities and contributions out of moneys provided by Parliament towards the cost of providing dwellings by conversion, or of improving dwellings; to amend the law with regard to rents payable for certain dwellings in good repair and provided with certain amenities or improved; to confer powers on local authorities in respect of the improvement of the amenities of residential areas; to provide that the replacement by a tenant of fixtures and fittings is to be disregarded in determining a fair rent under a regulated tenancy; to provide for the increase of rents of houses belonging to certain authorities without notice of removal; to amend section 160(1)(a ) of the Housing (Scotland) Act 1966; to amend the meaning of ‘financial year’ for the purposes of subsections (2) and (3) of section 2 of the Housing (Financial Provisions) (Scotland) Act 1968; and for purposes connected with those matters.

[25th July 1969]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Houses not Meeting Tolerable Standard

Part I

Houses not Meeting Tolerable Standard

General

General

S-1 General duty of local authority in respect of houses not meeting tolerable standard.

1 General duty of local authority in respect of houses not meeting tolerable standard.

(1) It shall be the duty of every local authority to secure that all houses in their district which do not meet the tolerable standard as defined in section 2 of this Act are closed, demolished or brought up to the tolerable standard within such period as is reasonable in all the circumstances.

(2) In determining what period is reasonable for the purposes of the foregoing subsection, regard shall be had to alternative housing accommodation likely to be available for any persons who may be displaced from houses as a result of any action proposed by the local authority in pursuance of that subsection.

(3) Every local authority shall from time to time cause to be made such a survey or inspection of their district as may be necessary for the performance of the duty imposed on them by subsection (1) of this section or for the purpose of ascertaining the availability of alternative housing accommodation.

(4) Sections 3 and 4 of the principal Act (which impose a duty on a local authority to discharge certain functions under Parts II and III of that Act in accordance with proposals approved by the Secretary of State and to inspect their district respectively) shall cease to have effect.

S-2 Definition of house meeting tolerable standard.

2 Definition of house meeting tolerable standard.

(1) Subject to subsection (2) of this section, a house shall be held to meet the tolerable standard for the purposes of this Act if the house—

(a ) is structurally stable;

(b ) is substantially free from rising or penetrating damp;

(c ) has satisfactory provision for natural and artificial lighting, for ventilation and for heating;

(d ) has an adequate piped supply of wholesome water available within the house;

(e ) has a sink provided with a satisfactory supply of both hot and cold water within the house;

(f ) has a water closet—

(i) available for the exclusive use of the occupants of the house within the house or, where the house forms part of a building, within that building, and

(ii) readily accessible from, and suitably located, within the house or building, as the case may be;

(g ) has an effective system for the drainage and disposal of foul and surface water;

(h ) has satisfactory facilities for the cooking of food within the house;

(i ) has satisfactory access to all external doors and out-buildings;

and any reference in this Act to a house not meeting the tolerable standard or being brought up to the tolerable standard shall be construed accordingly.

(2) The Secretary of State may by order vary or extend the criteria set out in the foregoing subsection in such a way as to raise the tolerable standard either generally or, after consultation with a particular local authority, in relation to the district, or any part of the district, of that authority.

(3) Any order under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) This section shall be without prejudice to section 17 of the principal Act (which provides that certain underground rooms shall be deemed to be houses not meeting the tolerable standard for the purposes of Part II of that Act).

(5) Section 5 of the principal Act (determination of unfitness for human habitation) shall cease to have effect.

S-3 Local authority no longer to proceed by clearance or compulsory improvement.

3 Local authority no longer to proceed by clearance or compulsory improvement.

3. It shall no longer be competent for a local authority to deal with any area in their district as a clearance area in accordance with sections 34 to 55 of the principal Act, nor to provide for the compulsory improvement of dwellings in any area in their district in accordance with Part IV of that Act; and accordingly the said sections 34 to 55 and Part IV shall cease to have effect.

Housing Treatment Areas

S-4 Local authority may pass resolution declaring area to be housing treatment area.

4 Local authority may pass resolution declaring area to be housing treatment area.

(1) Where a local authority are satisfied that the houses, or the greater part of the houses, in any area in their district do not meet the tolerable standard, they may pass a resolution defining the area and declaring the area so defined to be a housing treatment area, that is to say, an area which is to be dealt with in one or other of the ways set out in the next following subsection.

(2) A resolution passed under this section shall provide that a housing treatment area shall be dealt with—

(a ) by securing the demolition of all the buildings in the area; or

(b ) by securing the carrying out of such works on the houses in the area that on the completion of the works all the houses then in the area will meet or will have been brought up to at least the tolerable standard; or

(c ) by securing the demolition of some of the buildings in the area and by securing the carrying out of such works on the houses in the area, other than the houses in those buildings, that on the completion of the works all the houses then in the area will meet or will have been brought up to at least the tolerable standard.

(3) A housing treatment area shall not include the site of a building unless at least part of the building consists of a house which does not meet the tolerable standard.

(4) For the purposes of this section, a house in respect of which a closing order has been made and not determined shall be deemed to be a house which does not meet the tolerable standard.

S-5 Provisions supplementary to s. 4.

5 Provisions supplementary to s. 4.

(1) Where the resolution passed under section 4 of this Act provides that the housing treatment area is to be dealt with in accordance with subsection (2)(a ) of that section, the local authority may at any time purchase the land within the area and themselves undertake, or otherwise secure, the demolition of the buildings.

(2) Where the resolution provides that the housing treatment area is to be dealt with in accordance with subsection (2)(b ) of the said section 4 the local authority shall proceed as follows—

(a ) subject to the next following paragraph, the local authority may at any time purchase any house in the area if in their opinion it is unlikely that the necessary works will be carried out to bring the house up to the tolerable standard unless they purchase it, and may themselves carry out such works as may be necessary to bring the house up to at least that standard;

(b ) in the case of a house not comprised in a tenement the authority shall not exercise their powers under the foregoing paragraph, otherwise than by agreement, unless—

(i) they have served a notice on the owner of the house informing him that in accordance with a resolution passed by them under the said section 4 it is proposed that his house should be brought up to at least the tolerable standard;

(ii) at least twelve months have elapsed since the service of the notice.

(3) Where under subsection (2)(a ) of this section the local authority purchase a house comprised in a tenement, they may also purchase any other part of the tenement in which the house is comprised if in their opinion it is necessary to purchase such other part in order to carry out the necessary works on the house to bring it up to the tolerable standard.

(4) Where the resolution provides that the housing treatment area is to be dealt with in accordance with subsection (2)(c ) of the said section 4, then—

(a ) in so far as the resolution provides for the demolition of the buildings in the area, subsection (1) of this section shall apply as it applies where the resolution provides that the housing treatment area is to be dealt with in accordance with subsection (2)(a ) of the said section 4, and

(b ) in so far as the...

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