Scottish Government consultation on missing share powers for RSLs

The Scottish Government has appointed Anna Evans Housing Consultancy Ltd (AEHC) to carry out a consultation to seek views on a missing share power for registered social landlords.

Under the Tenements (Scotland) Act 2004 a majority of owners in a tenement can make a binding decision to carry out maintenance and repairs. The Housing (Scotland) Act 2014 introduced a discretionary power for a local authority to pay a missing share on behalf of owners who are unable or unwilling to comply with the majority decision. The local authority is entitled to recover its costs and can use a repayment charge, a kind of security against the property.

The Housing (Scotland) Act 2014 also includes a regulation-making power for Scottish Ministers to allow registered social landlords a similar discretionary power to pay and recover missing shares. There could be a range of circumstances where RSLs may wish to use this power directly, rather than reverting to the local authority to use their discretionary power. Before Scottish Ministers can make regulations the Act says that they must consult bodies representing local authorities and registered social landlords and “such other persons” as they think fit.

The consultation will be undertaken through an online survey, telephone consultation and focus groups with RSL organisations. AEHC will also be consulting with the Scottish Housing Regulator, COSLA, ALCHO, Property Managers Association and other key stakeholders through individual and group consultation. The consultation work will begin in early August and is being undertaken by Anna Evans, Professor Douglas Robertson and Regina Serpa.