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Housing Law in Scotland$
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Peter Robson

Print publication date: 2011

Print ISBN-13: 9781845861117

Published to University Press Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861117.001.0001

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date: 20 April 2021

Housing Standards and Good Repair

Housing Standards and Good Repair

(p.107) 4 Housing Standards and Good Repair
Housing Law in Scotland

Peter W. G. Robson

Edinburgh University Press

This chapter explores the remedies available to individuals along with the role which can be played by local authorities in securing satisfactory housing standards for both individual houses and areas in Scotland. Since the middle of the nineteenth century, landlords are required to meet the public health standards contained in the environmental protection legislation as well as to comply with any notices which the local authority may serve on them in pursuance of their duties to deal with sub-standard houses in its district. The same rules apply to property rented out to tenants. Tenants, though, have rights stemming from the landlord and tenant contract. The chapter considers how the current law has developed in order to provide a context for understanding the range of current remedies, with particular emphasis on landlord obligations and tenant remedies. It also discusses the contractual and common law basis of remedies, along with basic repair obligations for social rented housing (public sector) and private rented housing. Finally, it describes the political, social and historical context of the development of housing standards in Scotland.

Keywords:   remedies, housing, local authorities, housing standards, Scotland, housing repair, landlords, tenants, social rented housing, private rented housing

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