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Repairing Standard

Created: December 3, 2018
Posted in: Business, Guidance, Industry News, Regulations, Representation, Self-catering Industry

Draft copies of two Scottish Statutory Instruments intended to amend the repairing standard for private sector housing were published on 3rd December.

These statutory instruments implement the commitment made to amend the repairing standard following Part 2 of the consultation on Energy Efficiency and Condition Standards in the private rented sector (https://consult.gov.scot/better-homes-division/energy-efficiency-programme/), which ASSC submitted evidence to. We fought fairly hard to ensure that Holiday Lets were exempt to the Repairing Standard, and this will have a knock on effect to the Energy Performance Certificate debate.

The draft statutory instruments will be laid in Parliament on 12 December 2018. Subject to consideration by the Local Government and Communities Committee in the Scottish Parliament the statutory instruments will come into force on 1 March 2019.

THE HOUSING (SCOTLAND) ACT 2006 (MODIFICATION OF THE REPAIRING STANDARD) REGULATIONS 2019 and THE HOUSING (SCOTLAND) ACT 2006 (SUPPLEMENTAL PROVISION) ORDER 2019 was laid before the Scottish Parliament in December 2018 and comes into force in 2019.

In terms of self-catering:

Holiday Lets. The Modification Regulations amend the list of tenancies to which the repairing standard does not apply, by adding tenancies of less than 31 days for the purpose of a holiday. The makes it clear that short holiday lets are not subject to the repairing standard. Currently this depends on whether a holiday let is treated as a tenancy or an occupancy arrangement and this is not always clear. Holiday lets are subject to other rules on non-domestic residential accommodation and it is not appropriate for them to be subject to the repairing standard as well. Longer lets may be subject to the repairing standard depending on the circumstances of the case. Because this clarifies the existing legislation it will come into force from 1 March 2019.

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