Regulation of Housing

Abstract

This chapter focuses on housing regulation in Scotland. Regulation, in the form of limitations on what may be done by property owners, has a long history in relation to property. The old limitations were principally restrictive and did not require property owners to do anything other than abstain from unlawful action. Modern forms of regulation now require owners and landlords to play an active role in meeting certain standards and tests. The chapter first considers the common law basis of tenancy before turning to relevant provisions of the Anti-social Behaviour etc (Scotland) Act 2004 concerning the registration of private landlords on a register of approved landlords as well as exemptions from this requirement; criteria for a ‘fit and proper person’; criminal offences; antisocial behaviour notices; rent income suspension; and management control order. It then examines the regulation of social renting, with particular emphasis on performance assessment of social landlords and the Scottish Social Housing Charter.