S17.12 Repairing Standard Enforcement Order

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Housing (Scotland) Act 2006

The Housing (Scotland) Act 2006, as amended by the Housing (Scotland) Act 2014, makes provision for the registration in both Sasine and Land Registers of certain deed types in respect of the repair and maintenance of housing in Scotland.

In particular the legislation details inter alia:

- local authority powers to deal with repair and improvement of private housing;
- provision of a wider range of assistance for carrying out repair and improvement work, including subsidised and standard loans, grants, practical help and advice and assistance for house owners;
- power to Scottish Ministers to require sellers of houses and their agents to provide information about the houses to potential purchasers (the “single survey”);
- a modernised repairing standard that landlords must meet;
- a right for disabled tenants to adapt properties to meet their specific needs;
- a re-enactment and amendment to the existing system for the licensing of houses in Multiple Occupation (HMOs);
- extension of protection for owners of mobile homes whose stances are rented.

New deed types were introduced for registration in the Land Register or for recording in the Sasine Register by the 2006 Act.

Registrable Deeds

  • Repairing standard enforcement order
  • Notice of variation or revocation of a repairing standard enforcement order
  • Certificate of compliance with repairing standard enforcement order
  • Maintenance order 

These deeds will be submitted for recording by a private rented housing committee, except for maintenance orders which will be submitted by a local authority.

For the avoidance of doubt, maintenance plans as introduced by the 2006 Act and deeds intended to vary or revoke such plans can no longer be registered in the Land Register or recorded in the Sasine Register in terms of s.89(3) of the 2014 Act which repealed s.61(1)(e) and (f) of the 2006 Act. They should instead be registered in the appropriate local authority's building standards register.

Intake/Registration Guidance

Fee payable for all deeds is £80.00

Deeds should be probative - particulars of execution to be made available through common links.

Deeds should contain suitable description of property/ies including title number where necessary.

Sasines: Minute type on CSR is 154.

Intake

The deed will narrate “Private Rented Housing Committee” and this should be entered on CSR as part of the skeleton minute (except for maintenance orders which will be submitted by a local authority).

The SAF should show “Private Rented Housing Panel” as the Applicant – it should be rejected if this is not the case (except for maintenance orders which will be submitted by a local authority).

The deed should be taken on as a pink deed.

Drafting

The deed will narrate “Private Rented Housing Committee” and this should be entered on CSR (except for maintenance orders which will be submitted by a local authority).

The SAF should show “Private Rented Housing Panel” as the Applicant – it should be withdrawn if this is not the case (except for maintenance orders which will be submitted by a local authority).

In order to reflect the Applicant please enter “; with application on behalf of ?p?nPRIVATE RENTED HOUSING PANEL?z” after the execution date (for deeds relating to repairing standard enforcement orders).

REPAIRING STANDARD ENFORCEMENT ORDER

The "repairing standard" requires certain types of rented property to be fit for human habitation, and the structure, services etc to be in a reasonable state of repair. Fixtures, fittings, appliances and furniture may also be covered by this standard. If a property does not reach the necessary standard, the Private Rented Housing Committee may order a landlord to carry out repairs: the repairing standard enforcement order.

MID 01822 (No.44) 19 Mar. 2010 
REPAIRING STANDARD ENFORCEMENT ORDER by PRIVATE RENTED HOUSING COMMITTEE, in terms of S.14 (1) (b) of the Housing (Scotland) Act 2006 giving Notice to PATRICIA BRUCE, c/o Smith Gore, 12 Bernard Street, Edinburgh acting under power of attorney for her parents Thomas and Isabella Bruce (Landlord) to carry out such work so that house &c. 463 QUEENSFERRY ROAD, EDINBURGH, referred to in Disp. to Elizabeth Porteous Campbell Thomson or Black, recorded 23 Jul. 1935 meets the repairing standard. Dated 24 Feb. 2010; with application on behalf of PRIVATE RENTED HOUSING PANEL.

NOTICE OF VARIATION OR REVOCATION OF A REPAIRING STANDARD ENFORCEMENT ORDER

A repairing standard enforcement order can be revoked or varied. The order containing the variation or revocation order should be recorded. It should also contain the date of recording of the varied or revoked repairing standard enforcement order.

ABN 02560 (No.11) 27 Sep. 2010 
NOTICE OF DECISION TO VARY REPAIRING STANDARD ENFORCEMENT ORDER by PRIVATE RENTED HOUSING COMMITTEE, - VARYING Repairing Standard Enforcement Order dated 21 Jul. 2010, [recorded 26 Jul. 2010] to ROBERT MALCOLM HUNTER BROWN, Gardener's Cottage, Glenbogie, Rhynie, over property GARDENERS COTTAGE, GLENBOGIE, RHYNIE, part of subjects referred to in Disp. to Robert Malcolm Hunter Brown, recorded 12 Apr. 2006, as to an extension for completion of works as thereinmentioned. Dated 22 Sep. 2010; with application on behalf of PRIVATE RENTED HOUSING PANEL.

CERTIFICATE OF COMPLETION

When someone has to carry out work because of a repairing standard enforcement order, he or she can apply for a certificate of completion, which confirms that the work has been finished. The certificate will contain a description of the property, but will not usually refer to the date of recording of the repairing standard enforcement order.

STG 00332 (No.8) 10 Mar. 2009 
CERTIFICATE OF COMPLETION by PRIVATE RENTED HOUSING COMMITTEE, in terms of section 60 of the Housing (Scotland) Act 2006, certifying that the Repairing Standard Enforcement Order relative to house 22 LADYSNEUK ROAD, CAMBUSKENNETH, part of lands of RAPLOCH, referred to in Instrument of Resig. ad rem of Master of Cowane's Hospital, recorded 17 Oct. 1836, to which PATRONS OF COWANES HOSPITAL, 49 St. John Street, Stirling are Landlords, has been discharged. Dated 23 Feb. 2009; with application on behalf of PRIVATE RENTED HOUSING PANEL.

MAINTENANCE ORDER

A maintenance order is used by a local authority to require the owner of a house to prepare a plan for securing the maintenance of a house.

AYR 02268 (No. 7) 14 Sep. 2011
MAINTENANCE ORDER by EAST AYRSHIRE COUNCIL, in exercise of the powers conferred by Section 42 of the Housing (Scotland) Act 2006 - TO JOHN SMITH and JANE SMITH, Proprietor of house 103 UNTHANK DRIVE, KILMARNOCK, referred to in Disp. to Francis Wood, recorded 3 Feb. 1984, - REQUIRING said Proprietor to submit a maintenance plan for securing the maintenance of said house as thereinmentioned. Dated 25 Aug. 2011.


Registers of Scotland (RoS) seeks to ensure that the information published in the Sasines Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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