Chamber and committees

I refer the member to the answer to question S5W-18139 on 30 August 2018. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at: http://www.parliament.scot/parliamentarybusiness/28877.aspx .

I refer the member to the answer to question S5W-18140 on 30 August 2018. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx .

Updated answer on 04/09/18:

The minimum compliance for a private landlord to let a single property, is to meet the requirements of landlord registration, subject to any exemptions that may apply.   The cost of registration is the principal application fee of £55 and £11 for the property. Internet based applications are subject to a discount of 10%.  An additional fee of £110 is chargeable where an application has only been submitted after the local authority has made two separate requests for an application to be made. 

Answer Given on 17/08/18 by Ash Denham:

This question relates to operational matters that are the responsibility of the Scottish Court and Tribunals Service (SCTS) corporate body. The question has been passed to the Chief Executive of the SCTS who reply in writing within 20 days.

Landlords are required to provide Energy Performance Certificates (EPCs) at the point of rental under the Energy Performance of Buildings (Scotland) Regulations 2008, as amended. Regulation 17 of the Regulations provides enforcement authorities with the power to impose a penalty charge notice. The amount payable for dwellings or buildings that are ancillary to dwellings is £500.

We consulted in 2017 on proposals to require a minimum EPC rating in private rented properties, including a proposal that local authorities would be able to issue civil fines to landlords whose properties failed to meet minimum standards. The Energy Efficient Scotland Route Map confirmed that we will bring forward standards which will apply from April 2020. Detail of the enforcement process, including relevant penalties, will be set out in draft regulations in 2019.

The Scottish Government recognises the challenges associated with repairs and improvements, including the installation of energy efficiency measures, in mixed-tenure tenements where there can be social and private tenants as well as owner occupiers. Support is provided for private sector households as well as social landlords to help ensure that measures are installed in mixed tenure properties, focusing primarily upon helping households that are in fuel poverty and vulnerable to cold weather.

At the parliamentary debate on the condition of tenement housing stock on 23 May, the agreed motion included a commitment to carry out a review of relevant legislation and how tenements can be better maintained and enhanced. This will include consideration of potential costs and collective maintenance by owners and will also look at the best role for property factors. Discussions are underway on how best to take this forward.

The review will be mindful of existing and proposed energy efficiency standards, including associated costs, and how these can best be met in mixed-tenure tenements.

Home Energy Scotland provides free and impartial advice on making homes easier and cheaper to heat to all householders in Scotland including advice on schemes they may be eligible for. This includes advice tailored for an individual’s own home and personal circumstances. The Scottish Government also provides public funding through Warmer Homes Scotland and Area Based Schemes to help households with energy efficiency improvements and to tackle fuel poverty.

All referrals to Warmer Homes Scotland are made through Home Energy Scotland. Following a referral, qualified assessors identify the most suitable measures for the property. The assessment takes into account the Energy Performance Certificate (EPC), the type of property and any energy efficiency measures already installed.

All Warmer Homes Scotland installers are required to be PAS2030 accredited and a minimum of 20% of installs are independently inspected by the Scottish Government’s appointed Quality Assurance Auditor. The independent inspectors also check a sample of customers every month to verify whether the appropriate measures have been recommended during the initial assessment.

Area Based Schemes are delivered by local authorities and each authority assesses the most appropriate form of measure for selected properties. This will generally be noted in a pre EPC or a surveyors report. Where ABS projects include external wall insulation measures, a building warrant is required in Scotland. Procurement of ABS contractors is by local authorities or their partners, such as Registered Social Landlords. Contractors must also work to the standards required for ECO eligibility, including PAS 2030 requirements for relevant measures.

Where individual households need to make a contribution to the cost of the measure, interest free loans are available through HES for owner occupiers and private sector landlords. The Home Energy Scotland (HES) loan scheme is also available more widely to help with the cost of energy efficiency measures.

Applicants for a HES loan must have received advice from Home Energy Scotland as a requirement of the loan. Some measures, such as external wall insulation, require that the installation is carried out by a certified Green Deal installer and in those instances HES would signpost householders to the certified UK list. We also recommend that householders obtain three quotes and ask installers about guarantees for the quality of the work undertaken.

The Scottish Government fund Home Energy Scotland (HES) to provide free and impartial energy advice to all callers via a Freephone number and can offer face to face support where this is the best option for the householder. Our programmes use qualified assessors to identify suitable measures for the property and installs must be carried out by contractors who comply with national industry standards such as PAS 2030.

The Scottish Government believes that consumer protection and quality assurance must underpin delivery of an energy efficient Scotland. In the route map we published in May, we adopted the principles of robust consumer protection; high standards of quality; customer care; competence, skills and training: as well as health and safety. We have set up a Short Life Working Group with sector stakeholders that will use these principles to develop a new quality assurance framework that will be operational in 2020.

There is no minimum EPC level required for temporary accommodation. However, where temporary accommodation is provided in properties which are usually let as social housing, the property will be required to meet the Energy Efficiency Standard for Social Housing (EESSH), equivalent to EPC band D or C by 2020.

  Section 5 of the Property Factors (Scotland) Act 2011 and section 3 of the Property Factors (Registration) (Scotland) Regulations 2012 set the information a property factor must provide and the matters which Scottish Ministers must have due regard to when considering whether to enter a person on the register of property factors (the register).

As part of the application process, the 2012 regulations require a person to supply information relating to a fit and proper person test. This takes the form of self declaration of the information referred to under section 5 of the 2011 Act.

Scottish Ministers may consider any relevant information provided by the property factor and/or a third party including public records and will take steps to review an entry on the register if they have reasonable grounds to suspect that information provided is, or has become, inaccurate. The Act does not provide specific investigatory powers although a person may also be required to provide a criminal conviction certificate as evidence to support the information provided in the application.

No applications to enter the register have been refused by Scottish Ministers since 2012.

All households in Scotland are entitled to apply for an interest free loan to improve the energy efficiency of their home. Our domestic energy efficiency loans are administered by the Energy Saving Trust (EST). A small number of applicants may be refused a loan if they have an unsatisfactory credit score and fail the credit assessment. In these cases customers have the option of appealing their initial credit assessment by going direct to the credit reference agency and completing a free report online that can be sent for further review. This service gives the customer a chance to give more detailed information and correct any inaccuracies that may have impacted the score in their initial report. EST can also carry out a manual review of applicants financial circumstances, reviewing bank statements payslips etc. to determine affordability. And finally, other individuals can act as a guarantor to the applicant.

All unsuccessful applicants are referred back to Home Energy Scotland, the Scottish Government funded advice and support service, to see if alternative support, including grants or equity loans, are available or appropriate including advice on how to reduce their fuel bills.