Chamber and committees

The Tenements (Scotland) Act 2004 provides that repairs and maintenance work will be carried out according to the provisions in the relevant title deeds of the properties.

Where homeowners have workable provisions in their title deeds to carry out maintenance and repair then these should be followed. Where title deeds do not specify how decisions should be made, or if different owners' title deeds say conflicting things and are therefore unworkable, the Tenement Management Scheme (TMS) in Schedule 1 Rule 2 of the 2004 Act sets out procedures for flat owners to follow when making scheme decisions about maintaining and repairing common parts of a shared building.

Rules 7 and 8 already set out the requirements for consultation, and rule 9 sets out the procedure for giving notice in connection with the TMS.

More detail is here: Tenements (Scotland) Act 2004 (legislation.gov.uk)

The Minister for Housing visited the Wester Hailes pilot on 4 July 2023 and met with local councillors, members of the City of Edinburgh Mixed Tenure Improvement Service (MTIS) Team and local tenants living in flats affected by the MTIS. Scottish Government officials meet City of Edinburgh Council regularly to discuss progress with the MTIS and any issues arising, most recently in July 2024 with another meeting expected in September.

Living Rent Edinburgh gave a deputation at the City of Edinburgh Council’s Housing, Homelessness and Fair Work Committee on 27 August 2024, after which they shared their concerns with council officials. The council have extended an invitation to Edinburgh Living Rent to hold regular meetings with them to discuss and agree options to improve local engagement.

MTIS is the responsibility of the City of Edinburgh Council and decisions related to service delivery are best discussed with the council.

The total drug costs and fees for dispensing methadone mixture and solution (1mg/ml) to the NHS in the last year (July 2023 – June 2024), broken down by NHS Board, are presented in the following table. Cost data are complete for all NHS Boards, whereas fees are incomplete as some payment elements are handled locally.

Table 1: Total drug costs and fees for dispensing methadone mixture1. Items dispensed in Scotland by NHS Board – July 2023 to June 2024

In Edinburgh, the council’s Scheme of Assistance Strategy allows owner occupiers to sell their homes back to the Council and remain in their home with a Scottish Secure Tenancy. Throughout the 3-year Pilot programme in Wester Hailes, the team have engaged and consulted with owners and landlords to understand their concerns and see what support could be offered. This approach will continue as the service expands to Restalrig and Lochend.

The Mixed Tenure Improvement Service is not a Scottish Government initiative and was established by the City of Edinburgh Council in 2021. The local authority has created this service based upon powers provided to them under the Tenements (Scotland) Act 2004 to establish a Tenement Management Scheme.

It is for each local authority to review the delivery of their services.

During the 3-year Pilot programme in Wester Hailes, the team have had numerous discussions with owners and landlords.

In Lochend and Restalrig, the team have held a mixture of individual meetings and open ‘drop-in’ sessions where, over the course of a day and evening, local residents can discuss their concerns. So far five of these sessions have been held with the local community, in addition to the newsletters and letters that have been issued in the area.

The council have extended an invitation to Edinburgh Living Rent to hold regular meetings with them to discuss and agree options to improve local engagement.

The council is also in the process of establishing a dedicated project office in the community where residents can drop in to meet with the project team. It is anticipated that this project office will be in place during September.

The Mixed Tenure Improvement Service is delivered by the City of Edinburgh Council using powers as set out in the Tenements (Scotland) Act 2004. Any concerns with the scheme would need to be raised with the Council.

Tackling the climate emergency is one of this Government’s key priorities and we are committed to ensuring that those who may be impacted by the transition to net zero are involved in designing how we manage it.

Our Public Engagement Strategy for Climate Change, published in September 2021, recognises our commitment to a participatory approach where people can actively shape just, fair and inclusive policies that promote mitigation of, and adaptation to, climate change.

Heating our homes and workplaces causes around 20% of our carbon emissions, so we cannot achieve net zero without improving energy efficiency and ending our use of gas boilers. We recently consulted on proposals for a Heat in Buildings Bill, receiving over 1600 responses. We will ensure that our proposals are affordable for homes and businesses, and take account of responses to the consultation.

The council have considered residents with poor credit ratings and have offered payments plans which have been extended to 15 years and the interest rate was lowered to 4% from 8%. This option was specifically established where owners would not be eligible for loans from other sources and is not dependant on any credit references being obtained.

The Scottish Government has not engaged in any such discussions with the City of Edinburgh Council's Mixed Tenure Improvement Service. Homeowners who have purchased properties under the Low Cost Initiative for First Time Buyers (LIFT) are able to participate in such improvements schemes in the same manner as other residents.

There are no current plans to issue additional guidance covering cases where an owner occupier wishes to sell their home to a local authority or a Registered Social Landlord and remain in it as a tenant in the social rented sector. These matters are covered in our operational procedures for local authorities and Registered Social Landlords on (a) the grant-funded element of the Affordable Housing Supply Programme and (b) the Mortgage to Rent scheme which is part of the Home Owners Support Fund.

In due course however, we intend to issue additional guidance to local authorities and Registered Social Landlords on the purchase of properties from landlords leaving the private rented sector with a tenant in situ through the Affordable Housing Supply Programme.

The prescribed Notice to Leave that landlords must use to end a private residential tenancy includes important information for tenants and signposts to a number of organisations, such as Citizens Advice Scotland and Shelter Scotland, should they need advice and support to understand their rights. It also directs tenants worried about having somewhere to live to contact their local authority to discuss their circumstances.

Local authorities are obliged by law to offer minimum of temporary accommodation, advice and assistance for people who are at risk or who are experiencing homelessness. They are best placed to provide advice on housing options and what further support they can offer.

For short assured or assured tenancies, the Notice to Quit landlords must use to end the tenancy advises tenants about getting legal advice or contacting organisations who provide housing support if they are unsure of the validity of the Notice. It advises that help with all or part of the cost of legal advice may be available under the legal aid legislation.

Scottish Government are providing up to £2 million this year to support the Early Resolution Advice Programme administered by the Scottish Legal Aid Board, which supports projects in the third sector, to provide assistance and representation for people at risk of, or facing court action related to debt and housing matters.