Local Authority Intervention in Private Housing

What is it?

This page provides background advice on legislation underpinning local authority intervention in private housing

Who is it for?

This advice is for all owner occupiers and owner landlords of tenement buildings. Scroll down to read about the current financial assistance available to homeowners, statutory powers currently available and how the Council deals with neighbour nuisance

Support for home owners

An objective of the Housing (Scotland) Act 2006 was to encourage home owners to take greater direct responsibility for the maintenance of their properties. Local Authorities under Section 72 of the Act are required to make publicly available a statement 'Scheme of Assistance' which outlines what forms of assistance it can provide for home owners.

Local Authority statutory powers affecting home owners

Local authorities have a range of statutory powers which it could use to support residents and to protect tenement properties. Where a majority of owners in a tenement property are in favour of carrying out common repair works, Glasgow City Council will offer assistance and depending on the circumstances may be prepared to use its powers to intervene.

The passing of the Tenement (Scotland) Act, 2004 and the Housing (Scotland) Act, 2006 marked a determination by the Scottish Government to encourage owners to take greater direct responsibility for the management and maintenance of their own properties, with local authorities providing information, advice and assistance and the right to apply discretionary grant funding in particular circumstances. This is known as the Scheme of Assistance.

In addition, existing powers to declare properties unsafe, institute closing orders and if necessary compulsorily purchase and demolish properties remained. The local authority can also serve (Repair) Work Notices and other public health notices on individual property owners.

Nuisance and other Public Health matters

Local authorities may serve Notices on individual property owners and residents and take legal action against individuals where there is evidence that a nuisance requires to be abated.  Examples of include health hazards within a property such as water ingress coming from another flat, or in common area such as the disposal of bulk or other refuse.

An abatement Notice can be served. In the case of noise, sound equipment linked to the nuisance can be seized. In relation to nuisance associated with threatening or violent behaviour, an individual may also be subject to an Anti-Social Behaviour Order (ASBO) issued by a Sheriff.