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Housing (Scotland) Act 2010

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56Enforcement notices

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(1)The Regulator may serve an enforcement notice if, having made inquiries or otherwise, it considers—

(a)that a social landlord is, or is at risk of, failing—

(i)to achieve a standard or an outcome set out in the Scottish Social Housing Charter,

(ii)to meet a performance improvement target, or

(iii)to implement an approved performance improvement plan,

(b)that––

(i)a registered social landlord is, or is at risk of, failing to meet a financial management or governance target, or

(ii)there has been misconduct or mismanagement in a registered social landlord’s financial or other affairs,

(c)that the interests of a social landlord’s tenants need protection,

(d)that a registered social landlord’s assets need protection,

(e)that a registered social landlord’s financial viability is in jeopardy, or

(f)that any other conduct by a social landlord justifies serving an enforcement notice.

(2)An enforcement notice is a notice requiring the social landlord concerned to take action—

(a)to rectify or avoid a failure or other problem, or

(b)to protect its tenants or assets.

(3)An enforcement notice must—

(a)say why it has been served, and

(b)state by when the social landlord must take action.

(4)The Regulator must—

(a)publish an enforcement notice, and

(b)send a copy of it to every registered tenant organisation associated with the social landlord concerned.

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