Law

Housing (Scotland) Act 1987

United Kingdom · statute

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In force since 2026-04-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 256 provisions
  1. Title and introductory text
  2. 1 Duty of local authority to consider needs of their area for further housing accommodation.
  3. 2 Powers of local authority to provide housing accommodation.
  4. 3 Power of local authority to provide shops, etc., in connection with housing accommodation.
  5. 4 Power of local authority to provide furniture, etc.
  6. 5 Power of local authority to provide board and laundry facilities.
  7. 5A Power of local authority to provide welfare services.
  8. 5B Power to repeal provisions relating to welfare services.
  9. 6 Duty of local authority to have regard to amenities of locality, etc.
  10. 7 Execution of works by local authority in connection with housing operations outside their area.
  11. 8 Adjustment of differences between local authorities as to carrying out of proposals for provision of housing accommodation.
  12. 9 Power of local authority to acquire land for, or in connection with, provision of housing accommodation.
  13. 10 Procedure for acquiring land.
  14. 11 Local authority may take possession of land to be acquired by agreement or appropriated for purposes of this Part.
  15. 12 Powers of dealing with land acquired or appropriated for purposes of this Part.
  16. 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  17. 13 Power of Secretary of State in certain cases to impose conditions on sale of local authority’s houses, etc.
  18. 14 Powers of local authorities to sell certain houses without consent of Secretary of State.
  19. 15 Power of local authority to enforce obligations against owner for time being of land.
  20. 16 Disposal of land for erection of churches, etc.
  21. 17 General management and inspection of local authority’s houses.
  22. 17A Publication of information.
  23. 17B Power of Secretary of State to direct local authority.
  24. 17C Management plan.
  25. 18 Byelaws for regulation of local authority’s houses.
  26. 19 Admission to housing list
  27. 20 Persons to have priority on housing list and allocation of housing.
  28. 20A Rules on priority of allocation of housing: consultation
  29. 20B Determination of minimum period for application to remain in force
  30. 21 Rules relating to the housing list and to transfer of tenants
  31. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  32. 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  33. 23 Improvement of amenities of residential area by development corporations.
  34. 24 Homeless persons and persons threatened with homelessness.
  35. 25 Priority need for accommodation.
  36. 26 Becoming homeless intentionally.
  37. 27 Meaning of “local connection”.
  38. 28 Inquiry into cases of possible homelessness or threatened homelessness.
  39. 29 Interim duty to accommodate ....
  40. 30 Notification of decision and reasons.
  41. 31 Duties to persons found to be homeless.
  42. 32 Duties to persons found to be threatened with homelessness.
  43. 32A Power of the Scottish Ministers to modify application of sections 31 and 32
  44. 32B Housing support: persons found to be homeless or threatened with homelessness
  45. 33 Referral of application to another local authority.
  46. 33A Power to modify section 33
  47. 33B Statement on exercise of power to modify section 33
  48. 34 Duties to persons whose applications are referred.
  49. 35 Supplementary provisions.
  50. 35A Right to request review of decision
  51. 35B Procedure on review
  52. 36 Protection of property of homeless persons and persons threatened with homelessness.
  53. 36A Duty to ask if a person is homeless or threatened with homelessness
  54. 36B Duty to act if a person may be homeless
  55. 36C Duty to act if a person may be threatened with homelessness
  56. 36D Power of relevant bodies to share information
  57. 36E Duty to have regard to matters relating to homelessness
  58. 37 Guidance to authorities by the Secretary of State.
  59. 38 Co-operation between authorities.
  60. 39 Financial and other assistance for voluntary organisations concerned with homelessness.
  61. 40 False statements, withholding information and failure to disclose change of circumstances.
  62. 40A Meaning of homelessness and threatened with homelessness
  63. 40B Power to modify provision about a person becoming homeless intentionally
  64. 41 Meaning of accommodation available for occupation.
  65. 42 Application of this Part to cases arising in England or Wales.
  66. 43 Minor definitions.
  67. 43A Power to modify the meaning of “relevant body”
  68. 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  69. 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  70. 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  71. 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  72. 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  73. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  74. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  75. 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  76. 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  77. 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  78. 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  79. 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  80. 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  81. 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  82. 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  83. 58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  84. 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  85. 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  86. 81A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  87. 81B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  88. 82 Interpretation of sections 14, 19 and 20
  89. 83 Members of a person’s family.
  90. 84 Service of notices.
  91. 84A Application of right to buy to cases where landlord is lessee.
  92. 85 General duty of local authority in respect of houses not meeting tolerable standard.
  93. 86 Definition of house meeting tolerable standard.
  94. 87 Official representation that house does not meet tolerable standard.
  95. 88 Improvement of houses below tolerable standard outside housing action areas.
  96. 89 Declaration of housing action areas for demolition.
  97. 90 Declaration of housing action areas for improvement.
  98. 91 Declaration of housing action areas for demolition and improvement.
  99. 92 Provisions supplementary to sections 89 to 91.
  100. 93 Consent to demolition of listed buildings, rehabilitation orders and compensation.
  101. 94 Functions of Secretary of State, and duty of local authority to publish information.
  102. 95 Further procedure, powers of local authority on acquisition of land, compensation and agricultural holdings.
  103. 96 Power of local authority to retain houses subject to demolition for temporary occupation.
  104. 97 Local authority may control occupation of houses in housing action area.
  105. 98 Obligation of local authorities in relation to rehousing in housing action areas.
  106. 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).
  107. 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).
  108. 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).
  109. 102 Procedure; and application of s.103(1) of Rent (Scotland) Act 1984.
  110. 103 Certain provisions of Rent (Scotland) Act 1984 not to apply.
  111. 104 Effect of refusal to make order on validity of resolution.
  112. 105 Exclusion of houses controlled by Crown.
  113. 106 Power of local authority to arrange for the execution of works of improvement by agreement with the owner.
  114. 107 Conditions may be attached to sale of below-standard local authority houses.
  115. 108 Power of local authority to secure repair of house in state of serious disrepair.
  116. 109 Recovery by local authority of expenses under s.108.
  117. 110 Recovery by lessee of proportion of expenses incurred in repairing house.
  118. 111 Appeals under Part V.
  119. 112 Date of operation of notices, demands and orders subject to appeal.
  120. 113 Obligations to repair.
  121. 114 Closing order.
  122. 115 Demolition order.
  123. 116 Revocation of closing and demolition order.
  124. 117 Undertakings to bring up to tolerable standard and suspension order.
  125. 118 Service.
  126. 119 Listed buildings and houses subject to building preservation orders.
  127. 120 Powers of local authority in relation to building consisting wholly of closed houses.
  128. 121 Local authority may acquire and repair house or building liable to closing or demolition order.
  129. 122 Penalty for use of premises in contravention of closing order or of undertaking.
  130. 123 Procedure where demolition order made.
  131. 124 Power of local authority to purchase site of demolished building where expenses of demolition cannot be recovered.
  132. 125 Local authority may by resolution require demolition of obstructive building.
  133. 126 Effect of resolution for demolition of obstructive building.
  134. 127 Recovery of possession of building or house subject to closing order, etc.
  135. 128 Recovery of possession of house subject to statutorily regulated tenancy
  136. 129 Appeals.
  137. 130 Date of operation of notices, orders or resolutions subject to appeal.
  138. 131 Power of local authority to make charging order in favour of themselves.
  139. 132 Protection of superiors and owners.
  140. 133 Interpretation.
  141. 134 Saving for telecommunication and gas apparatus.
  142. 135 Definition of overcrowding.
  143. 136 The room standard.
  144. 137 The space standard.
  145. 138 Secretary of State may increase permitted number of persons temporarily.
  146. 139 Penalty for occupier causing or permitting overcrowding.
  147. 140 Exception: children attaining age of 1 or 10.
  148. 141 Exception: temporary visitor.
  149. 142 Licence of local authority.
  150. 143 Exception: holiday visitors.
  151. 144 Offence by landlord not to inform prospective tenant of permitted number of occupants.
  152. 145 Recovery of possession of overcrowded house that is let.
  153. 146 Duty of local authority to inspect district and to make reports and proposals as to overcrowding.
  154. 147 Power to require information about persons sleeping in house.
  155. 148 Duty to give information to landlords and occupiers.
  156. 149 Power to publish information.
  157. 150 Duty to enforce this Part.
  158. 151 Interpretation and application.
  159. 191 Housing support grants: fixing of aggregate amount.
  160. 192 Apportionment of housing support grants.
  161. 193 Variation of orders.
  162. 194 Grants payable to the Scottish Special Housing Association and development corporations.
  163. 195 Grants for affording tax relief to Scottish Special Housing Association.
  164. 196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  165. 197 Financial assistance to voluntary organisations concerned with housing.
  166. 198 Payment of grants and accounting provisions.
  167. 199 Termination of certain exchequer payments to housing authorities.
  168. 200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  169. 201 Payment of subsidies and accounting provisions.
  170. 202 Power of Secretary of State to reduce, suspend, discontinue or transfer particular Exchequer contributions.
  171. 203 The housing revenue account.
  172. 204 Power of Secretary of State to limit estimated rate fund contributions to housing revenue account.
  173. 205 The rent rebate account.
  174. 206 The rent allowance account.
  175. 207 The slum clearance revenue account.
  176. 208 Application of receipts from disposal of certain land.
  177. 209 Adjustment of accounts on appropriation of land.
  178. 210 Rents for public sector housing.
  179. 211 Service charges.
  180. 212 Rent increase notice.
  181. 213 Removal notice.
  182. 214 Power of local authority to make advances for the purpose of increasing housing accommodation.
  183. 215 Requirements as to meeting tolerable standard.
  184. 216 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  185. 217 Duty of local authorities to offer loans to meet expenses of improvement of houses in housing action areas.
  186. 218 Duty of local authority to offer loans to meet expenses of repairs.
  187. 219 Local authority home loan interest rates.
  188. 220 Variation of rate by local authority.
  189. 221 Variation of rate by Secretary of State.
  190. 222 Advances to recognised lending institutions to assist first-time buyers.
  191. 223 Forms of assistance and qualifying conditions.
  192. 224 Recognised lending institutions.
  193. 225 Recognised savings institutions.
  194. 226 Terms of advances and administration.
  195. 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.
  196. 228 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  197. 229 Local authority indemnities for building societies, etc.
  198. 230 Assistance by local authority for acquiring houses in need of repair and improvement.
  199. 231 Local loans made by the Treasury for provision or improvement of housing accommodation.
  200. 233 Power of local authority to assist in provision of separate service water pipes for houses.
  201. 234 Financial assistance towards tenants’ removal expenses.
  202. 235 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  203. 240B Applicant’s contribution: review
  204. 304 Payments in respect of well-maintained houses subject to closing orders etc.
  205. 305 Payments in respect of well-maintained houses subject to compulsory purchase as not meeting the tolerable standard.
  206. 306 Calculation of amount payable for well- maintained houses.
  207. 307 Repayment of payments made in connection with closing or demolition order when revoked.
  208. 308 Right to and amount of payments for house not meeting tolerable standard.
  209. 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.
  210. 310 Provisions as to house subject to heritable security or purchased by instalments.
  211. 311 Interpretation of sections 308 to 310.
  212. 312 Payment of purchase money or compensation by one local authority to another.
  213. 313 Byelaws with respect to houses in multiple occupation.
  214. 314 Byelaws with respect to accommodation for agricultural workers.
  215. 315 Byelaws with respect to accommodation for seasonal workers.
  216. 316 Confirmation of byelaws.
  217. 317 Power of entry for survey, etc.
  218. 318 Penalty for obstructing execution of Act.
  219. 319 Penalty for preventing execution of works, etc.
  220. 320 Penalty for damage to houses, etc.
  221. 321 Liability of directors, etc. in case of offence by body corporate.
  222. 322 Sheriff may determine lease in certain cases.
  223. 323 Sheriff may authorise superior to execute works, etc.
  224. 324 Procedure on applications and appeals to sheriff.
  225. 325 Occupier or tenant may be required to state interest.
  226. 326 Service by description on certain persons whose identity is unknown and on a number of persons of one description.
  227. 327 Disclosure of landlord’s identity.
  228. 328 Duty to inform tenant of assignation of landlord’s interest.
  229. 329 Power of Secretary of State in event of failure of local authority to exercise powers.
  230. 330 Power of Secretary of State to prescribe forms, etc.
  231. 331 Regulations: procedure.
  232. 332 Secretary of State’s power to dispense with advertisements and notices.
  233. 333 Local inquiries.
  234. 334 Power of heir of entail to sell land for housing purposes.
  235. 335 Crown rights.
  236. 336 Limitation on liability of trustee etc. for expenses incurred by local authority.
  237. 337 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  238. 338 Interpretation.
  239. 339 Minor and consequential amendments, transitional provisions and repeals.
  240. 340 Citation, commencement and extent.
  241. SCHEDULE 1 RULES AS TO ASSESSMENT OF COMPENSATION WHERE LAND PURCHASED COMPULSORILY IN CERTAIN CIRCUMSTANCES
  242. SCHEDULE 2 TENANCIES WHICH ARE NOT SECURE TENANCIES
  243. SCHEDULE 3 GROUNDS FOR RECOVERY OF POSSESSION OF HOUSES LET UNDER SECURE TENANCIES
  244. SCHEDULE 4 TERMS OF SECURE TENANCY RELATING TO SUBLETTING, ETC.
  245. SCHEDULE 5 TERMS OF SECURE TENANCY RELATING TO ALTERATIONS, ETC TO HOUSE
  246. SCHEDULE 6 VESTING ORDER UNDER SECTION 77: MODIFICATION OF ENACTMENTS
  247. SCHEDULE 6A
  248. SCHEDULE 9 RECOVERY OF EXPENSES BY CHARGING ORDER
  249. SCHEDULE 12 TERMINATION OF EXCHEQUER PAYMENTS TO LOCAL AUTHORITIES AND CERTAIN PERIODICAL PAYMENTS TO OTHER PERSONS
  250. SCHEDULE 13 ENACTMENTS SPECIFYING EXCHEQUER CONTRIBUTIONS
  251. SCHEDULE 14 ENACTMENTS SPECIFYING EXCHEQUER CONTRIBUTIONS THAT MAY BE REDUCED, SUSPENDED OR DISCONTINUED
  252. SCHEDULE 15 THE HOUSING REVENUE ACCOUNT
  253. SCHEDULE 16 THE SLUM CLEARANCE REVENUE ACCOUNT
  254. SCHEDULE 22 TRANSITIONAL PROVISIONS AND SAVINGS
  255. SCHEDULE 23 MINOR AND CONSEQUENTIAL AMENDMENTS
  256. SCHEDULE 24 REPEALS

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256 provisions

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58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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81B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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82 Interpretation of sections 14, 19 and 20

In ... sections 14, 19, and 20, except where provision is made to the contrary, ... “family” and any reference to membership thereof shall be construed in accordance with section 83; ... ... ... “landlord” means a person who lets a house to a tenant for human habitation, and includes his successors in title; ... ... . . . . . . ... “tenancy” means any agreement under which a house is made available for occupation for human habitation, and “leases”, “let” and “lets” shall be construed accordingly; “tenant” means a person who leases a house from a landlord and who derives his right therein directly from the landlord, and in the case of joint tenancies means all the tenants.

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83 Members of a person’s family.

(1) A person is a member of another’s family for the purposes of this Act if— (a) he is the spouse or civil partner of that person or he and that person live together as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex; or (b) he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece. (2) For the purposes of subsection (1)(b)— (a) a relationship by marriage or by virtue of civil partnership shall be treated as a relationship by blood; (b) a relationship of the half-blood shall be treated as a relationship of the whole blood; (c) the stepchild of a person shall be treated as his child; and (ca) a person brought up or treated by another person as if the person were the child of the other person shall be treated as that person’s child; (d) a child shall be treated as such whether or not his parents are married. (3) Except in subsection (1)(a), references in this Act to a person’s spouse include references to that person’s civil partner or to another person living together with that person as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex.

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84 Service of notices.

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84A Application of right to buy to cases where landlord is lessee.

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85 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 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 subsection (1), 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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86 Definition of house meeting tolerable standard.

(1) Subject to subsection (2), a house meets 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; (ca) has satisfactory thermal insulation; (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 or waterless closet available for the exclusive use of the occupants of the house and suitably located within the house; (fa) has a fixed bath or shower and a wash-hand basin, each provided with a satisfactory supply of both hot and cold water and suitably located within the house; (g) has an effective system for the drainage and disposal of foul and surface water; (ga) in the case of a house having a supply of electricity, complies with the relevant requirements in relation to the electrical installation for the purposes of that supply; “the electrical installation” is the electrical wiring and associated components and fittings, but excludes equipment and appliances; “the relevant requirements” are that the electrical installation is adequate and safe to use; (h) has satisfactory facilities for the cooking of food within the house; (i) has satisfactory access to all external doors and outbuildings; (j) has satisfactory equipment installed for detecting, and for giving warning of, fire or suspected fire; (k) has satisfactory equipment installed for detecting, and for giving warning of, carbon monoxide present in a concentration that is hazardous to health, and any reference to a house not meeting the tolerable standard or being brought up to the tolerable standard shall be construed accordingly. (1A) In construing any such reference, regard shall be had to any guidance issued by the Scottish Ministers. (1B) The Scottish Ministers must issue the guidance in such manner as they consider appropriate for bringing it to the notice of local authorities and other persons with an interest. (1C) The Scottish Ministers may vary or revoke any such guidance. (1D) Any such guidance issued by the Scottish Ministers may further specify the circumstances in which a house is to be considered to be substantially free from rising or penetrating damp under subsection (1)(b). (2) The Secretary of State may by order vary or extend or amplify the criteria set out in the foregoing subsection either generally or, after consultation with a particular local authority, in relation to the district, or any part of the district, of that authority. (2A) An order under subsection (2) is to be made by statutory instrument, and no such order is to be made unless a draft of the order has been laid before and approved by resolution of the Scottish Parliament. (3) This section shall be without prejudice to section 114 (certain underground rooms to be treated as houses not meeting the tolerable standard).

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87 Official representation that house does not meet tolerable standard.

(1) The proper officer of the local authority may make an official representation to the authority whenever he is of opinion that any house in their district does not meet the tolerable standard. (2) A local authority shall as soon as may be take into consideration any official representation which has been made to them. (3) Every representation made in pursuance of this section by the proper officer of the local authority shall be in writing.

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88 Improvement of houses below tolerable standard outside housing action areas.

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89 Declaration of housing action areas for demolition.

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90 Declaration of housing action areas for improvement.

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91 Declaration of housing action areas for demolition and improvement.

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92 Provisions supplementary to sections 89 to 91.

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93 Consent to demolition of listed buildings, rehabilitation orders and compensation.

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94 Functions of Secretary of State, and duty of local authority to publish information.

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95 Further procedure, powers of local authority on acquisition of land, compensation and agricultural holdings.

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96 Power of local authority to retain houses subject to demolition for temporary occupation.

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97 Local authority may control occupation of houses in housing action area.

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98 Obligation of local authorities in relation to rehousing in housing action areas.

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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).

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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).

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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).

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102 Procedure; and application of s.103(1) of Rent (Scotland) Act 1984.

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103 Certain provisions of Rent (Scotland) Act 1984 not to apply.

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104 Effect of refusal to make order on validity of resolution.

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105 Exclusion of houses controlled by Crown.

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106 Power of local authority to arrange for the execution of works of improvement by agreement with the owner.

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107 Conditions may be attached to sale of below-standard local authority houses.

Where a house on land acquired or appropriated by a local authority for the purposes of Part I lacks one or more of the standard amenities (within the meaning given by section 73(6) of the Housing (Scotland) Act 2006 (asp 1)) or does not meet the tolerable standard, the local authority may make the sale by them of that house conditional on the purchaser providing the house with the standard amenities which it lacks or bringing the house up to the tolerable standard.

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108 Power of local authority to secure repair of house in state of serious disrepair.

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109 Recovery by local authority of expenses under s.108.

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110 Recovery by lessee of proportion of expenses incurred in repairing house.

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111 Appeals under Part V.

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112 Date of operation of notices, demands and orders subject to appeal.

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113 Obligations to repair.

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