Housing Scotland Act 1987 - Freedom of information requests

Title or Description
Housing Scotland Act 1987
FOI Number
167
Date Received
09/02/2022
Type of Request
EIR
Request or Question
Under FOISA, I am looking for the following information:1. The Council's policy[/is] on enforcing the tolerable standard on (a) social (b) private rented and  (c) owner occupied housing
2. The guidance issued to officers regarding the enforcement of the tolerable standard on (a) social (b) private rented and  (c) owner occupied housing

3. Any specific guidance issued to officers in relation to The Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Order 2019 coming into force on 1 February 2022, including where the guidance differs for (a) social (b) private rented and(c) owner occupied housing

4. The number of enforcement actions on owner occupier homes taken in each of the past 5 years, i.e. taking actions under sections 85 and 87 of the Housing (Scotland) Act 1987
Response
1. Environmental Health would consider the council’s ‘Regulatory Services Enforcement Policy’ in respect of enforcing tolerable standard/s.
Housing Strategy Policy and development manage landlord registration. Landlords in the private rented sector must ensure rented property meets the repairing standard which includes an obligation to meet the statutory tolerable standard.  Tenants are able to raise disputes about the repairing standard with the Housing and Property Chamber of the First–tier Tribunal (FTT) who, when failure is apparent, can enforce action.
Our liaison and advice service can support tenants with inspection, advice and application to the tribunal.

2. Housing Strategy, Policy and Development. Landlord Registration function:
* Landlord Registration Statutory Guidance for Local Authorities
* Scottish Government publications: Factsheet The Repairing Standard

3. - Tolerable Standard Guidance: Satisfactory Fire Detection and Satisfactory Carbon Monoxide Detection
* As an extension of already existing criteria within the Repairing Standard.
To comply with the repairing standard, private landlords must have            regard to the guidance issued by Scottish Ministers on:
* satisfactory provision for detecting and warning of fires
* the provision of carbon monoxide alarms in the private rented sector

4. Nil notices served during the time period requested.