- a short-term let
has the same meaning as in article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022.
- applicant
means a person who applies for an HMO licence, • “ chief constable ” means the chief constable of the Police Service of Scotland, • “ enforcing authority ” has the meaning given by section 61(9) of the Fire (Scotland) Act 2005 (asp 5), • “finally determined”, in relation to an appeal to the sheriff, has the meaning given in section 159(12), • “HMO register”, in relation to a local authority, means the register kept by it under section 160, • “licence holder” means a person who holds an HMO licence, • “proper officer”, in relation to a local authority, is to be construed in accordance with section 235(3) of the Local Government (Scotland) Act 1973 (c. 65).
- approved expense
has the meaning given in section 76, • “interest free element” means an amount determined under section 79(4), • “minimum percentage grant” and “minimum percentage loan” have the meanings given in section 79(7), • “repayment element” means an amount determined under section 79(5), • “standard loan” means a loan made under this Part which is not a subsidised loan, • “subsidised loan” means a loan made under this Part which is divided into two elements in accordance with section 79(3).
- building regulations
means any enactments, byelaws, rules or regulations or other provisions under whatever authority made, relating to the construction of new buildings or the laying out of and construction of new roads which are for the time being in force in relation to the land or premises concerned, • “Chamber President” means the President of the First-tier Tribunal Housing and Property Chamber;
- Chamber President
means the President of the First-tier Tribunal Housing and Property Chamber;
- chief constable
means the chief constable of the Police Service of Scotland, • “ enforcing authority ” has the meaning given by section 61(9) of the Fire (Scotland) Act 2005 (asp 5), • “finally determined”, in relation to an appeal to the sheriff, has the meaning given in section 159(12), • “HMO register”, in relation to a local authority, means the register kept by it under section 160, • “licence holder” means a person who holds an HMO licence, • “proper officer”, in relation to a local authority, is to be construed in accordance with section 235(3) of the Local Government (Scotland) Act 1973 (c. 65).
- commercial lender
means a person who— (a) has permission under Part 4A of or is otherwise authorised under the Financial Services and Markets Act 2000 (c. 8) to pay money under a contract on terms under which it will be repaid or otherwise to enter into a contract of the kind mentioned in paragraph 23 or paragraph 23B of Schedule 2 to that Act (credit agreements and contracts for hire of goods), or, (b) is an exempt person within the meaning of that Act in relation to the activity mentioned in paragraph (a), and (c)... • “fair terms” means terms which, in the opinion of the local authority, are reasonable and affordable having regard to the circumstances of the applicant and the interest rates prevailing at the time the loan was applied for.
- common parts
means any— a part of the house;
- competent person
means a person who, in the reasonable opinion of the landlord, has the skills and experience necessary to determine the matters mentioned in paragraphs (a) and (b) of subsection (5), • “relevant safety work” means, in relation to a house, work that— (a) is required for the purposes of complying with the duty imposed by subsection (1), and (b) is for the purpose of ensuring that the house— (a) is substantially free from damp and mould, and (b) so far as reasonably practicable, will continue to be substantially free from damp and mould, • “working day” means any day other than a Saturday, a Sunday or a day which, under the Banking and Financial Dealings Act 1971, is a bank holiday in Scotland.
- couple
means two persons who—
- demolition notice
means a notice served under section 33(2), • “disabled person” has the same meaning as in the Disability Discrimination Act 1995 (c. 50), • “First-tier Tribunal” means the First-tier Tribunal for Scotland, • “First-tier Tribunal” means the First-tier Tribunal for Scotland Housing and Property Chamber, • “formal communication” has the meaning given in section 187, • “HMO”, which is an acronym for “house in multiple occupation”, has the meaning given in section 125(1), • “HMO amenity notice” has the meaning given in section 146(2), • “HMO licence” has the meaning given in section 124(2), • “HRA” is used as an acronym for “housing renewal area”, • “HRA action plan” has the meaning given in section 3, • “HRA designation order” means an order made under section 1, • “house”— (a) means any living accommodation which is, or which is capable of being, occupied as a separate dwelling (other than a mobile home or any other living accommodation which is not a building), and (b) includes— (i) any part of the living accommodation (including its structure and exterior) which is, and any common facilities relating to it which are, owned in common with others, and (ii) any yard
- development management scheme
has the same meaning as in the Title Conditions (Scotland) Act 2003 (asp 9), • “sanitary defects” includes lack of air space or of ventilation, lack of lighting, dampness, absence of adequate and readily accessible water supply or of sanitary arrangements or of other conveniences, and inadequate paving or drainage of courts, yards or passages, • “Scottish secure tenancy” and “short Scottish secure tenancy” have the same meanings as in the Housing (Scotland) Act 2001 (asp 10), • “sub-standard”, in relation to a house, has the meaning given in section 68, • “tenement management scheme” has the same meaning as in the Tenements (Scotland) Act 2004 (asp 11).
- disabled person
has the same meaning as in the Disability Discrimination Act 1995 (c. 50), • “First-tier Tribunal” means the First-tier Tribunal for Scotland, • “First-tier Tribunal” means the First-tier Tribunal for Scotland Housing and Property Chamber, • “formal communication” has the meaning given in section 187, • “HMO”, which is an acronym for “house in multiple occupation”, has the meaning given in section 125(1), • “HMO amenity notice” has the meaning given in section 146(2), • “HMO licence” has the meaning given in section 124(2), • “HRA” is used as an acronym for “housing renewal area”, • “HRA action plan” has the meaning given in section 3, • “HRA designation order” means an order made under section 1, • “house”— (a) means any living accommodation which is, or which is capable of being, occupied as a separate dwelling (other than a mobile home or any other living accommodation which is not a building), and (b) includes— (i) any part of the living accommodation (including its structure and exterior) which is, and any common facilities relating to it which are, owned in common with others, and (ii) any yard, garden, garage, out-house or other area or structure which is,
- enforcing authority
has the meaning given by section 61(9) of the Fire (Scotland) Act 2005 (asp 5), • “finally determined”, in relation to an appeal to the sheriff, has the meaning given in section 159(12), • “HMO register”, in relation to a local authority, means the register kept by it under section 160, • “licence holder” means a person who holds an HMO licence, • “proper officer”, in relation to a local authority, is to be construed in accordance with section 235(3) of the Local Government (Scotland) Act 1973 (c. 65).
- fair terms
means terms which, in the opinion of the local authority, are reasonable and affordable having regard to the circumstances of the applicant and the interest rates prevailing at the time the loan was applied for.
- First-tier Tribunal
means the First-tier Tribunal for Scotland, • “First-tier Tribunal” means the First-tier Tribunal for Scotland Housing and Property Chamber, • “formal communication” has the meaning given in section 187, • “HMO”, which is an acronym for “house in multiple occupation”, has the meaning given in section 125(1), • “HMO amenity notice” has the meaning given in section 146(2), • “HMO licence” has the meaning given in section 124(2), • “HRA” is used as an acronym for “housing renewal area”, • “HRA action plan” has the meaning given in section 3, • “HRA designation order” means an order made under section 1, • “house”— (a) means any living accommodation which is, or which is capable of being, occupied as a separate dwelling (other than a mobile home or any other living accommodation which is not a building), and (b) includes— (i) any part of the living accommodation (including its structure and exterior) which is, and any common facilities relating to it which are, owned in common with others, and (ii) any yard, garden, garage, out-house or other area or structure which is, or which is capable of being, occupied or enjoyed together with the living accommodation (solel
- formal communication
has the meaning given in section 187, • “HMO”, which is an acronym for “house in multiple occupation”, has the meaning given in section 125(1), • “HMO amenity notice” has the meaning given in section 146(2), • “HMO licence” has the meaning given in section 124(2), • “HRA” is used as an acronym for “housing renewal area”, • “HRA action plan” has the meaning given in section 3, • “HRA designation order” means an order made under section 1, • “house”— (a) means any living accommodation which is, or which is capable of being, occupied as a separate dwelling (other than a mobile home or any other living accommodation which is not a building), and (b) includes— (i) any part of the living accommodation (including its structure and exterior) which is, and any common facilities relating to it which are, owned in common with others, and (ii) any yard, garden, garage, out-house or other area or structure which is, or which is capable of being, occupied or enjoyed together with the living accommodation (solely or in common with others), • “land” means any land (including any structure or erection on the land) other than land which consists of or on which there are any pr
- house for a disabled person
means a house which—
- housing management functions
means functions relating to the management of houses.”
- land
means any land (including any structure or erection on the land) other than land which consists of or on which there are any premises, • “landlord” means any person who lets a house under a tenancy, and includes the landlord's successors in title, • “legal member” has the same meaning as in section 15(2) of the Tribunals (Scotland) Act 2014;
- landlord
means any person who lets a house under a tenancy, and includes the landlord's successors in title, • “legal member” has the same meaning as in section 15(2) of the Tribunals (Scotland) Act 2014;
- lawful occupation
means occupation which is not an offence under paragraph 4 of schedule 5.
- legal member
has the same meaning as in section 15(2) of the Tribunals (Scotland) Act 2014;
- licence holder
means a person who holds an HMO licence, • “proper officer”, in relation to a local authority, is to be construed in accordance with section 235(3) of the Local Government (Scotland) Act 1973 (c. 65).
- living accommodation
means any place which is, or which is capable of being, occupied for the purposes of human habitation, • “local authority” means a council constituted under section 2 of the Local Government etc.
- local authority
means a council constituted under section 2 of the Local Government etc.
- long lease
means a probative lease— (a) granted for a period exceeding 20 years, or (b) which contains an obligation on the landlord to renew the lease from time to time at fixed periods, upon the termination of a life or lives, or otherwise so that the total duration could (in terms of the lease, as renewed, and without any subsequent agreement, express or implied, between the persons holding the interests of the landlord and the tenant) endure for a period exceeding 20 years, • “potential buyer” means a person who claims to be interested, or that the person may become interested, in buying a house, • “sale”, in relation to a house, means a disposal, or agreement to dispose, by way of sale of— (a) the ownership of the house, (b) the interest of the tenant under a long lease of a house, and “seller” means a person contemplating such a disposal (and related expressions are to be construed accordingly).
- maintenance
includes repairs and replacement, cleaning, painting and other routine work, gardening, and the reinstatement of part (but not most) of premises (but does not include demolition, alteration or improvement, or any internal decoration of any part of premises which are not owned in common, unless reasonably incidental to any such repairs etc.);
- maintenance account
means a bank or building society account opened for the purpose of holding money to be used to pay costs incurred in connection with any work carried out for the purpose of maintaining premises consisting of two or more houses, • “maintenance order” has the meaning given in section 42, • “maintenance plan” has the meaning given in section 43, • “occupancy arrangement” means an arrangement other than a lease under which a person is entitled, by way of contract or otherwise, to occupy any land or premises, • “occupier” includes any person entitled to occupy any land or premises under a tenancy or an occupancy arrangement (and “occupy”, “occupied” and “occupant” are to be construed accordingly), • “ordinary member” has the same meaning as in section 15(1) of the Tribunals (Scotland) Act 2014;
- maintenance order
has the meaning given in section 42, • “maintenance plan” has the meaning given in section 43, • “occupancy arrangement” means an arrangement other than a lease under which a person is entitled, by way of contract or otherwise, to occupy any land or premises, • “occupier” includes any person entitled to occupy any land or premises under a tenancy or an occupancy arrangement (and “occupy”, “occupied” and “occupant” are to be construed accordingly), • “ordinary member” has the same meaning as in section 15(1) of the Tribunals (Scotland) Act 2014;
- marketing instructions
means instructions to carry out any activities with a view to—
- occupier
includes any person entitled to occupy any land or premises under a tenancy or an occupancy arrangement (and “occupy”, “occupied” and “occupant” are to be construed accordingly), • “ordinary member” has the same meaning as in section 15(1) of the Tribunals (Scotland) Act 2014;
- ordinary member
has the same meaning as in section 15(1) of the Tribunals (Scotland) Act 2014;
- possession
includes civil possession;
- potential buyer
means a person who claims to be interested, or that the person may become interested, in buying a house, • “sale”, in relation to a house, means a disposal, or agreement to dispose, by way of sale of— (a) the ownership of the house, (b) the interest of the tenant under a long lease of a house, and “seller” means a person contemplating such a disposal (and related expressions are to be construed accordingly).
- property
means a place which is—
- qualifying action
means action taken with the intention of marketing the house which—
- registered social landlord
means a body registered in the register maintained under section 20(1) of the Housing (Scotland) Act 2010 (asp 17), • “ Tenement Management Scheme ” has the same meaning as in the 2004 Act, and • “ the 2004 Act ” means the Tenements (Scotland) Act 2004 (asp 11).
- relative
means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece,
- relevant safety work
means, in relation to a house, work that— (a) is required for the purposes of complying with the duty imposed by subsection (1), and (b) is for the purpose of ensuring that the house— (a) is substantially free from damp and mould, and (b) so far as reasonably practicable, will continue to be substantially free from damp and mould, • “working day” means any day other than a Saturday, a Sunday or a day which, under the Banking and Financial Dealings Act 1971, is a bank holiday in Scotland.
- rent relief order
has the meaning given in section 27(1), • “repairing standard” has the meaning given in section 13, • “repairing standard enforcement order” means an order made under section 24(2), • “temporary exemption order” has the meaning given in section 142(1), • “tenancy” includes— (a) a sub-tenancy, (b) any occupation of living accommodation by a person under that person's terms of employment, but does not otherwise include any occupation under an occupancy arrangement, • “tenant” means a tenant under a tenancy, • “third party applicant” has the meaning given by section 22(1A), • “tolerable standard” has the meaning given in section 86 of the 1987 Act, • “work” includes maintenance, repair and improvement but does not include demolition, • “work notice” means a notice served under section 30(2).
- repayment element
means an amount determined under section 79(5), • “standard loan” means a loan made under this Part which is not a subsidised loan, • “subsidised loan” means a loan made under this Part which is divided into two elements in accordance with section 79(3).
- sanitary defects
includes lack of air space or of ventilation, lack of lighting, dampness, absence of adequate and readily accessible water supply or of sanitary arrangements or of other conveniences, and inadequate paving or drainage of courts, yards or passages, • “Scottish secure tenancy” and “short Scottish secure tenancy” have the same meanings as in the Housing (Scotland) Act 2001 (asp 10), • “sub-standard”, in relation to a house, has the meaning given in section 68, • “tenement management scheme” has the same meaning as in the Tenements (Scotland) Act 2004 (asp 11).
- seller
means a person contemplating such a disposal (and related expressions are to be construed accordingly).
- sheriff
means the sheriff of the sheriffdom in which the house is situated.
- standard amenities
has the meaning given by section 73(6) of the said Act of 2006;
- standard loan
means a loan made under this Part which is not a subsidised loan, • “subsidised loan” means a loan made under this Part which is divided into two elements in accordance with section 79(3).
- sub-divided building
means a building originally constructed or adapted for use as a single dwelling which has been divided (on one or more occasions) into separate houses.
- subsidised loan
means a loan made under this Part which is divided into two elements in accordance with section 79(3).
- temporary exemption order
has the meaning given in section 142(1), • “tenancy” includes— (a) a sub-tenancy, (b) any occupation of living accommodation by a person under that person's terms of employment, but does not otherwise include any occupation under an occupancy arrangement, • “tenant” means a tenant under a tenancy, • “third party applicant” has the meaning given by section 22(1A), • “tolerable standard” has the meaning given in section 86 of the 1987 Act, • “work” includes maintenance, repair and improvement but does not include demolition, • “work notice” means a notice served under section 30(2).
- tenant
means a tenant under a tenancy, • “third party applicant” has the meaning given by section 22(1A), • “tolerable standard” has the meaning given in section 86 of the 1987 Act, • “work” includes maintenance, repair and improvement but does not include demolition, • “work notice” means a notice served under section 30(2).
- Tenement Management Scheme
has the same meaning as in the 2004 Act, and • “ the 2004 Act ” means the Tenements (Scotland) Act 2004 (asp 11).
- the 1987 Act
means the Housing (Scotland) Act 1987 (c. 26), • “building regulations” means any enactments, byelaws, rules or regulations or other provisions under whatever authority made, relating to the construction of new buildings or the laying out of and construction of new roads which are for the time being in force in relation to the land or premises concerned, • “Chamber President” means the President of the First-tier Tribunal Housing and Property Chamber;
- the 2004 Act
means the Tenements (Scotland) Act 2004 (asp 11).
- the First-tier Tribunal member
means the member of the First-tier Tribunal to whom the case has been allocated under section 28A(2).
- the relevant period
means the period beginning with the date on which the agreement is made and ending— a six months after that date;
- third party applicant
has the meaning given by section 22(1A), • “tolerable standard” has the meaning given in section 86 of the 1987 Act, • “work” includes maintenance, repair and improvement but does not include demolition, • “work notice” means a notice served under section 30(2).
- tolerable standard
has the meaning given in section 86 of the 1987 Act, • “work” includes maintenance, repair and improvement but does not include demolition, • “work notice” means a notice served under section 30(2).
- work notice
means a notice served under section 30(2).
- working day
means any day other than a Saturday, a Sunday or a day which, under the Banking and Financial Dealings Act 1971, is a bank holiday in Scotland.