Damage caused during No statutory duty but Right to reinstatement or repair work possibly common law compensation for damage liability to house or property in connection with inspections, repairs or improvements or entry of appeal Right to apply to the of complaint to Private Rented Housing landlord and escalation to Panel for determination Scottish Public Services (and local authority has Ombudsman, in cases of discretionary power to significant performance make third party failure can report to the applications on behalf of Scottish Housing tenants) Regulator Enforcement Repairing Standard There are no formal Enforcement Rent enforcement powers for Relief Order, referral to complaints or the local authority to carry out Ombudsman, but the work, statutory offence tenant has the right to carry out repairs if the landlord fails to do them, and the Regulator has regulatory intervention powers in cases of serious performance failure 14. We think that the differences between enforcement and improvement by tenants in social and private rented homes would be an obstacle to a single common rented standard, but would not prevent changes to existing standards to ensure that all kinds of rents are covered and that standards are consistent across sectors. Comments 15. We have not any structured questions for this paper but we invite any comments from members of the forum on either points raised in this paper or on any other issue considered in previous topic papers or otherwise considered relevant to consideration of a common housing quality standard. Scottish Government August 2016
Damage caused during repair work No statutory duty but possibly common law liability Right to reinstatement or compensation for damage to house or property in connection with inspections, repairs or improvements or entry of appeal Right to apply to the Private Rented Housing Panel for determination (and local authority has discretionary power to make third party applications on behalf of tenants) of complaint to landlord and escalation to Scottish Public Services Ombudsman, in cases of significant performance failure can report to the Scottish Housing Regulator Enforcement Repairing Standard Enforcement Rent Relief Order, referral to local authority to carry out work, statutory offence There are no formal enforcement powers for complaints or the Ombudsman, but the tenant has the right to carry out repairs if the landlord fails to do them, and the Regulator has regulatory intervention powers in cases of serious performance failure 14. We think that the differences between enforcement and improvement by tenants in social and private rented homes would be an obstacle to a single common rented standard, but would not prevent changes to existing standards to ensure that all kinds of rents are covered and that standards are consistent across sectors. Comments 15. We have not any structured questions for this paper but we invite any comments from members of the forum on either points raised in this paper or on any other issue considered in previous topic papers or otherwise considered relevant to consideration of a common housing quality standard. Scottish Government August 2016
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