Change 1 Article Choose an article Title and introductory text 1 Duty of local authority to consider needs of their area for further housing accommodation. 2 Powers of local authority to provide housing accommodation. 3 Power of local authority to provide shops, etc., in connection with housing accommodation. 4 Power of local authority to provide furniture, etc. 5 Power of local authority to provide board and laundry facilities. 5A Power of local authority to provide welfare services. 5B Power to repeal provisions relating to welfare services. 6 Duty of local authority to have regard to amenities of locality, etc. 7 Execution of works by local authority in connection with housing operations outside their area. 8 Adjustment of differences between local authorities as to carrying out of proposals for provision of housing accommodation. 9 Power of local authority to acquire land for, or in connection with, provision of housing accommodation. 10 Procedure for acquiring land. 11 Local authority may take possession of land to be acquired by agreement or appropriated for purposes of this Part. 12 Powers of dealing with land acquired or appropriated for purposes of this Part. 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Power of Secretary of State in certain cases to impose conditions on sale of local authority’s houses, etc. 14 Powers of local authorities to sell certain houses without consent of Secretary of State. 15 Power of local authority to enforce obligations against owner for time being of land. 16 Disposal of land for erection of churches, etc. 17 General management and inspection of local authority’s houses. 17A Publication of information. 17B Power of Secretary of State to direct local authority. 17C Management plan. 18 Byelaws for regulation of local authority’s houses. 19 Admission to housing list 20 Persons to have priority on housing list and allocation of housing. 20A Rules on priority of allocation of housing: consultation 20B Determination of minimum period for application to remain in force 21 Rules relating to the housing list and to transfer of tenants 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Improvement of amenities of residential area by development corporations. 24 Homeless persons and persons threatened with homelessness. 25 Priority need for accommodation. 26 Becoming homeless intentionally. 27 Meaning of “local connection”. 28 Inquiry into cases of possible homelessness or threatened homelessness. 29 Interim duty to accommodate .... 30 Notification of decision and reasons. 31 Duties to persons found to be homeless. 32 Duties to persons found to be threatened with homelessness. 32A Power of the Scottish Ministers to modify application of sections 31 and 32 32B Housing support: persons found to be homeless or threatened with homelessness 33 Referral of application to another local authority. 33A Power to modify section 33 33B Statement on exercise of power to modify section 33 34 Duties to persons whose applications are referred. 35 Supplementary provisions. 35A Right to request review of decision 35B Procedure on review 36 Protection of property of homeless persons and persons threatened with homelessness. 36A Duty to ask if a person is homeless or threatened with homelessness 36B Duty to act if a person may be homeless 36C Duty to act if a person may be threatened with homelessness 36D Power of relevant bodies to share information 36E Duty to have regard to matters relating to homelessness 37 Guidance to authorities by the Secretary of State. 38 Co-operation between authorities. 39 Financial and other assistance for voluntary organisations concerned with homelessness. 40 False statements, withholding information and failure to disclose change of circumstances. 40A Meaning of homelessness and threatened with homelessness 40B Power to modify provision about a person becoming homeless intentionally 41 Meaning of accommodation available for occupation. 42 Application of this Part to cases arising in England or Wales. 43 Minor definitions. 43A Power to modify the meaning of “relevant body” 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Interpretation of sections 14, 19 and 20 83 Members of a person’s family. 84 Service of notices. 84A Application of right to buy to cases where landlord is lessee. 85 General duty of local authority in respect of houses not meeting tolerable standard. 86 Definition of house meeting tolerable standard. 87 Official representation that house does not meet tolerable standard. 88 Improvement of houses below tolerable standard outside housing action areas. 89 Declaration of housing action areas for demolition. 90 Declaration of housing action areas for improvement. 91 Declaration of housing action areas for demolition and improvement. 92 Provisions supplementary to sections 89 to 91. 93 Consent to demolition of listed buildings, rehabilitation orders and compensation. 94 Functions of Secretary of State, and duty of local authority to publish information. 95 Further procedure, powers of local authority on acquisition of land, compensation and agricultural holdings. 96 Power of local authority to retain houses subject to demolition for temporary occupation. 97 Local authority may control occupation of houses in housing action area. 98 Obligation of local authorities in relation to rehousing in housing action areas. 99 Application to sheriff for possession where house is identified in accordance with paragraph 1(1) of Schedule 8 as read with section 92(4)(a). 100 Application to sheriff for possession where house is identified in accordance with paragraph 1(1) of Schedule 8 as read with section 92(4)(c). 101 Application to sheriff for possession where house is identified in accordance with paragraph 1 of Schedule 8 as read with section 92(4)(b). 102 Procedure; and application of s.103(1) of Rent (Scotland) Act 1984. 103 Certain provisions of Rent (Scotland) Act 1984 not to apply. 104 Effect of refusal to make order on validity of resolution. 105 Exclusion of houses controlled by Crown. 106 Power of local authority to arrange for the execution of works of improvement by agreement with the owner. 107 Conditions may be attached to sale of below-standard local authority houses. 108 Power of local authority to secure repair of house in state of serious disrepair. 109 Recovery by local authority of expenses under s.108. 110 Recovery by lessee of proportion of expenses incurred in repairing house. 111 Appeals under Part V. 112 Date of operation of notices, demands and orders subject to appeal. 113 Obligations to repair. 114 Closing order. 115 Demolition order. 116 Revocation of closing and demolition order. 117 Undertakings to bring up to tolerable standard and suspension order. 118 Service. 119 Listed buildings and houses subject to building preservation orders. 120 Powers of local authority in relation to building consisting wholly of closed houses. 121 Local authority may acquire and repair house or building liable to closing or demolition order. 122 Penalty for use of premises in contravention of closing order or of undertaking. 123 Procedure where demolition order made. 124 Power of local authority to purchase site of demolished building where expenses of demolition cannot be recovered. 125 Local authority may by resolution require demolition of obstructive building. 126 Effect of resolution for demolition of obstructive building. 127 Recovery of possession of building or house subject to closing order, etc. 128 Recovery of possession of house subject to statutorily regulated tenancy 129 Appeals. 130 Date of operation of notices, orders or resolutions subject to appeal. 131 Power of local authority to make charging order in favour of themselves. 132 Protection of superiors and owners. 133 Interpretation. 134 Saving for telecommunication and gas apparatus. 135 Definition of overcrowding. 136 The room standard. 137 The space standard. 138 Secretary of State may increase permitted number of persons temporarily. 139 Penalty for occupier causing or permitting overcrowding. 140 Exception: children attaining age of 1 or 10. 141 Exception: temporary visitor. 142 Licence of local authority. 143 Exception: holiday visitors. 144 Offence by landlord not to inform prospective tenant of permitted number of occupants. 145 Recovery of possession of overcrowded house that is let. 146 Duty of local authority to inspect district and to make reports and proposals as to overcrowding. 147 Power to require information about persons sleeping in house. 148 Duty to give information to landlords and occupiers. 149 Power to publish information. 150 Duty to enforce this Part. 151 Interpretation and application. 191 Housing support grants: fixing of aggregate amount. 192 Apportionment of housing support grants. 193 Variation of orders. 194 Grants payable to the Scottish Special Housing Association and development corporations. 195 Grants for affording tax relief to Scottish Special Housing Association. 196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 Financial assistance to voluntary organisations concerned with housing. 198 Payment of grants and accounting provisions. 199 Termination of certain exchequer payments to housing authorities. 200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 Payment of subsidies and accounting provisions. 202 Power of Secretary of State to reduce, suspend, discontinue or transfer particular Exchequer contributions. 203 The housing revenue account. 204 Power of Secretary of State to limit estimated rate fund contributions to housing revenue account. 205 The rent rebate account. 206 The rent allowance account. 207 The slum clearance revenue account. 208 Application of receipts from disposal of certain land. 209 Adjustment of accounts on appropriation of land. 210 Rents for public sector housing. 211 Service charges. 212 Rent increase notice. 213 Removal notice. 214 Power of local authority to make advances for the purpose of increasing housing accommodation. 215 Requirements as to meeting tolerable standard. 216 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 Duty of local authorities to offer loans to meet expenses of improvement of houses in housing action areas. 218 Duty of local authority to offer loans to meet expenses of repairs. 219 Local authority home loan interest rates. 220 Variation of rate by local authority. 221 Variation of rate by Secretary of State. 222 Advances to recognised lending institutions to assist first-time buyers. 223 Forms of assistance and qualifying conditions. 224 Recognised lending institutions. 225 Recognised savings institutions. 226 Terms of advances and administration. 227 Modifications of building society law and disapplication of provisions of the Restrictive Trade Practices Act 1976 in relation to assistance for first-time buyers. 228 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 Local authority indemnities for building societies, etc. 230 Assistance by local authority for acquiring houses in need of repair and improvement. 231 Local loans made by the Treasury for provision or improvement of housing accommodation. 233 Power of local authority to assist in provision of separate service water pipes for houses. 234 Financial assistance towards tenants’ removal expenses. 235 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240B Applicant’s contribution: review 304 Payments in respect of well-maintained houses subject to closing orders etc. 305 Payments in respect of well-maintained houses subject to compulsory purchase as not meeting the tolerable standard. 306 Calculation of amount payable for well- maintained houses. 307 Repayment of payments made in connection with closing or demolition order when revoked. 308 Right to and amount of payments for house not meeting tolerable standard. 309 Right of parties to certain agreements secured on, or related to, houses not meeting the tolerable standard to apply to sheriff for adjustment of the agreements. 310 Provisions as to house subject to heritable security or purchased by instalments. 311 Interpretation of sections 308 to 310. 312 Payment of purchase money or compensation by one local authority to another. 313 Byelaws with respect to houses in multiple occupation. 314 Byelaws with respect to accommodation for agricultural workers. 315 Byelaws with respect to accommodation for seasonal workers. 316 Confirmation of byelaws. 317 Power of entry for survey, etc. 318 Penalty for obstructing execution of Act. 319 Penalty for preventing execution of works, etc. 320 Penalty for damage to houses, etc. 321 Liability of directors, etc. in case of offence by body corporate. 322 Sheriff may determine lease in certain cases. 323 Sheriff may authorise superior to execute works, etc. 324 Procedure on applications and appeals to sheriff. 325 Occupier or tenant may be required to state interest. 326 Service by description on certain persons whose identity is unknown and on a number of persons of one description. 327 Disclosure of landlord’s identity. 328 Duty to inform tenant of assignation of landlord’s interest. 329 Power of Secretary of State in event of failure of local authority to exercise powers. 330 Power of Secretary of State to prescribe forms, etc. 331 Regulations: procedure. 332 Secretary of State’s power to dispense with advertisements and notices. 333 Local inquiries. 334 Power of heir of entail to sell land for housing purposes. 335 Crown rights. 336 Limitation on liability of trustee etc. for expenses incurred by local authority. 337 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338 Interpretation. 339 Minor and consequential amendments, transitional provisions and repeals. 340 Citation, commencement and extent. SCHEDULE 1 RULES AS TO ASSESSMENT OF COMPENSATION WHERE LAND PURCHASED COMPULSORILY IN CERTAIN CIRCUMSTANCES SCHEDULE 2 TENANCIES WHICH ARE NOT SECURE TENANCIES SCHEDULE 3 GROUNDS FOR RECOVERY OF POSSESSION OF HOUSES LET UNDER SECURE TENANCIES SCHEDULE 4 TERMS OF SECURE TENANCY RELATING TO SUBLETTING, ETC. SCHEDULE 5 TERMS OF SECURE TENANCY RELATING TO ALTERATIONS, ETC TO HOUSE SCHEDULE 6 VESTING ORDER UNDER SECTION 77: MODIFICATION OF ENACTMENTS SCHEDULE 6A SCHEDULE 9 RECOVERY OF EXPENSES BY CHARGING ORDER SCHEDULE 12 TERMINATION OF EXCHEQUER PAYMENTS TO LOCAL AUTHORITIES AND CERTAIN PERIODICAL PAYMENTS TO OTHER PERSONS SCHEDULE 13 ENACTMENTS SPECIFYING EXCHEQUER CONTRIBUTIONS SCHEDULE 14 ENACTMENTS SPECIFYING EXCHEQUER CONTRIBUTIONS THAT MAY BE REDUCED, SUSPENDED OR DISCONTINUED SCHEDULE 15 THE HOUSING REVENUE ACCOUNT SCHEDULE 16 THE SLUM CLEARANCE REVENUE ACCOUNT SCHEDULE 22 TRANSITIONAL PROVISIONS AND SAVINGS SCHEDULE 23 MINOR AND CONSEQUENTIAL AMENDMENTS SCHEDULE 24 REPEALS
What to do with it
As published
322 Sheriff may determine lease in certain cases.
(1) Where in respect of any premises that are leased—
(a) a closing order, a demolition order or a resolution passed under section 125 has become operative, and
(b) the lease is not determined,
the landlord, the tenant, or any other person deriving right under the lease may apply to the sheriff within whose jurisdiction the premises are situated for an order determining the lease.
(2) On any such application the sheriff, after giving to any subtenant or other person whom he considers to be interested in the matter an opportunity of being heard, may, if he thinks fit, order that the lease shall be determined, either unconditionally or subject to such terms and conditions (including conditions with respect to the payment of money by any party to the proceedings to any other party thereto by way of compensation or damages or otherwise) as he may think it just and equitable to impose.
(3) In making an order under subsection (2) the sheriff shall have regard to the respective rights, obligations and liabilities of the parties under the lease and to all the other circumstances of the case.
(4) The sheriff shall not be entitled to order any payment to be made by the landlord to the tenant in respect of the lease of a house.
(5) In this section the expression “lease” includes a sublease and any tenancy or tacit relocation following on a lease.
Your wording
Your change, as a redline
322 Sheriff may determine lease in certain cases.
(1) Where in respect of any premises that are leased—
(a) a closing order, a demolition order or a resolution passed under section 125 has become operative, and
(b) the lease is not determined,
the landlord, the tenant, or any other person deriving right under the lease may apply to the sheriff within whose jurisdiction the premises are situated for an order determining the lease.
(2) On any such application the sheriff, after giving to any subtenant or other person whom he considers to be interested in the matter an opportunity of being heard, may, if he thinks fit, order that the lease shall be determined, either unconditionally or subject to such terms and conditions (including conditions with respect to the payment of money by any party to the proceedings to any other party thereto by way of compensation or damages or otherwise) as he may think it just and equitable to impose.
(3) In making an order under subsection (2) the sheriff shall have regard to the respective rights, obligations and liabilities of the parties under the lease and to all the other circumstances of the case.
(4) The sheriff shall not be entitled to order any payment to be made by the landlord to the tenant in respect of the lease of a house.
(5) In this section the expression “lease” includes a sublease and any tenancy or tacit relocation following on a lease.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.