1.About the Survey
Consultation on missing share powers for registered social landlords
Under the Tenements (Scotland) Act 2004 a majority of owners in a tenement (defined as a property divided horizontally) can make a binding majority decision to carry out maintenance and repairs. The Housing (Scotland) Act 2014 introduced a discretionary power for a local authority to pay a missing share on behalf of owners who are unable (or unwilling) to comply with the majority decision. The local authority is then entitled to recover its costs and can serve a repayment charge, a form of security against the property.
The Housing (Scotland) Act 2014 also included a regulation-making power for Scottish Ministers to allow registered social landlords a similar discretionary power to pay and then recover such missing shares. Before Scottish Ministers can make regulations to facilitate this power the Act states that they must consult bodies representing local authorities and registered social landlords.
The Scottish Government has commissioned Anna Evans Housing Consultancy Ltd. to carry out a consultation exercise to seek views on a missing share power for registered social landlords. We encourage you to offer your organisation's views on this matter and also to participate by completing this online survey which should take no more than 20 minutes. The survey will close on Friday 9 September 2016.
Under the Tenements (Scotland) Act 2004 a majority of owners in a tenement (defined as a property divided horizontally) can make a binding majority decision to carry out maintenance and repairs. The Housing (Scotland) Act 2014 introduced a discretionary power for a local authority to pay a missing share on behalf of owners who are unable (or unwilling) to comply with the majority decision. The local authority is then entitled to recover its costs and can serve a repayment charge, a form of security against the property.
The Housing (Scotland) Act 2014 also included a regulation-making power for Scottish Ministers to allow registered social landlords a similar discretionary power to pay and then recover such missing shares. Before Scottish Ministers can make regulations to facilitate this power the Act states that they must consult bodies representing local authorities and registered social landlords.
The Scottish Government has commissioned Anna Evans Housing Consultancy Ltd. to carry out a consultation exercise to seek views on a missing share power for registered social landlords. We encourage you to offer your organisation's views on this matter and also to participate by completing this online survey which should take no more than 20 minutes. The survey will close on Friday 9 September 2016.
Please ensure only one collective response is provided per organisation.
Should you have any questions about this survey please contact Regina Serpa by email at regina@aehousing.co.uk
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