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Housing (Scotland) Act 1987
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Changes over time for: Section 108
Version Superseded: 03/09/2007
Alternative versions:
- 01/02/1991- Amendment
- 28/11/2004
Point in time - 03/09/2007- Amendment
- 01/04/2010- Amendment
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Point in time view as at 28/11/2004. This version of this provision has been superseded.
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108 Power of local authority to secure repair of house in state of serious disrepair.S
(1)Where a local authority are satisfied that any house in their district is in a state of serious disrepair, they may serve upon the person having control of the house a repair notice.
(2)A repair notice shall—
(a)require that person to execute the works necessary to rectify such defects as are specified in the notice within such reasonable time, being not less than 21 days, as may be specified in the notice, and
(b)state that, in the opinion of the local authority, the rectification of those defects will bring the house up to such a standard of repair as is reasonable having regard to the age, character and location, and disregarding the internal decorative repair, of the house.
(3)Subject to subsection (5), if a notice under subsection (1) is not complied with, the local authority—
(a)may themselves execute the works necessary to rectify the defects specified in the notice or in the notice as varied by the sheriff, as the case may be, and
(b)may in addition execute any further works which are found to be necessary for the purpose of bringing the house up to the standard of repair referred to in subsection (2)(b), but which could not reasonably have been ascertained to be required prior to the service of the notice.
(4)Any question as to whether further works are necessary or could not have been reasonably ascertained under subsection (3)(b) shall be determined by the sheriff, whose decision shall be final.
(5)The local authority shall not execute any works under subsection (3) until—
(a)the expiration of the time specified in the repair notice; or
(b)if an appeal against the notice has been made and the notice confirmed with or without variation by the sheriff, the expiration of 21 days from the date of the determination of the appeal or such longer period as the sheriff may order.
(6)Any action taken under this section or under section 109 shall be without prejudice to any other powers of the local authority or any remedy available to the tenant of a house against his landlord under any enactment or rule of law.
(7)Where a local authority are of the opinion that a house in their district is in need of repair although not in a state of serious disrepair and that it is likely to deteriorate rapidly, or to cause material damage to another house, if nothing is done to repair it, they may treat it as being in a state of serious disrepair for the purposes of this Part.
(8)In this Part, “house” includes a building which comprises or includes—
(a)a house or houses; or
(b)a house or houses and other premises.
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