FOI Request - Tolerable Standard Enforcement
Request 101002996967
Under FOISA, I am looking for the following information:
• The Council's policy[/ies] on enforcing the tolerable standard on (a) social (b) private rented and (c) owner occupied housing
• The guidance issued to officers regarding the enforcement of the tolerable standard on (a) social (b) private rented and (c) owner occupied housing
• Any specific guidance issued to officers in relation to The Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Order 2019 coming into force on 1 February 2022, including where the guidance differs for (a) social (b) private rented and(c) owner occupied housing
• The number of enforcement actions on owner occupier homes taken in each of the past 5 years, i.e. taking actions under sections 85 and 87 of the Housing (Scotland) Act 1987
Response 08-03-2022
• The Council's policy[/ies] on enforcing the tolerable standard on (a) social (b) private rented and (c) owner occupied housing
a) Social Housing – Moray Council’s Voids Management Policy is available on the Moray Council website at this link: http://www.moray.gov.uk/downloads/file84857.pdf. This information therefore falls under Section 25 of the Freedom of Information (Scotland) Act 2002 – Information otherwise accessible. One of the main objectives of the policy is ‘to ensure that properties allocated by the Council meet minimum legal standards as set out in Moray Council’s Letting Standard and Scottish Housing Quality Standards (SHQS)’. Section 4 of the policy sets out the Legal Provisions, Regulations and Standards which the Council commits to in relation to the legally required tolerable standard as set out in S. 86 of the Housing (Scotland) Act 1987 (https://www.legislation.gov.uk/ukpga/1987/26/part/IV/crossheading/the-tolerable-standard), as amended by the Housing (Scotland) Act 2001 and the Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criterion) Order 2019 (https://www.legislation.gov.uk/ukpga/1987/26/part/IV/crossheading/the-tolerable-standard). Section 31 of the Housing (Scotland) Act 2010 also introduced the Scottish Social Housing Charter detailing Scottish Housing Quality Standards (SHQS) – Technical Guidance for Social Landlords (https://www.gov.scot/publications/shqs-technical-guidance-for-social-landlords/). Moray Council’s Letting Standard and the SHQS are based on the legally defined tolerable standard. Moray Council submit an Annual Return on the Charter (ARC) to the Scottish Housing Regulator to monitor compliance and/or failures against these standards for social housing. It is the Scottish Housing Regulator that would oversee any enforcement action against Moray Council if these standards were unsatisfactory.
b) The Moray Council Information on Private rented housing can be found on the Moray Council Website at:- http://www.moray.gov.uk/moray_standard/page_127534.html
This information therefore falls under Section 25 of the Freedom of Information (Scotland) Act 2002 – Information otherwise accessible.
c) Information on Private sector housing can be found on the Moray Council Website at:- http://www.moray.gov.uk/moray_standard/page_88327.html This information therefore falls under Section 25 of the Freedom of Information (Scotland) Act 2002 – Information otherwise accessible.
• The guidance issued to officers regarding the enforcement of the tolerable standard on (a) social (b) private rented and (c) owner occupied housing
(a) Social Housing:
Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criterion) Order 2019 (https://www.gov.scot/binaries/content/documents/govscot/publications/advice-and-guidance/2019/02/fire-and-smoke-alarms-tolerable-standard-guidance/documents/tolerable-standard-guidance-satisfactory-fire-and-carbon-monoxide-detection/tolerable-standard-guidance-satisfactory-fire-and-carbon-monoxide-detection/govscot%3Adocument)
Scottish Government Practical Fire Safety for Existing Specialised Housing and Risk Assessments (https://www.gov.scot/publications/practical-fire-safety-guidance-existing-specialised-housing-similar-premises/documents/)
This information therefore falls under Section 25 of the Freedom of Information (Scotland) Act 2002 – Information otherwise accessible.
b) And c): Officers would follow Scottish Government Guidance, ”Implementing the Housing (Scotland) Act 2006, Parts 1 and 2: Advisory and Statutory Guidance for Local Authorities: Volume 4 Tolerable Standard”
• Any specific guidance issued to officers in relation to The Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Order 2019 coming into force on 1 February 2022, including where the guidance differs for (a) social (b) private rented and(c) owner occupied housing
a), b) and c): For specific guidance on The Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Order 2019, officers would consult Scottish Government guidance available at:- https://www.gov.scot/publications/fire-and-smoke-alarms-tolerable-standard-guidance/
• The number of enforcement actions on owner occupier homes taken in each of the past 5 years, i.e. taking actions under sections 85 and 87 of the Housing (Scotland) Act 1987
Orders and Works Notices served on house can be found on the Moray Council Website at:-
http://www.moray.gov.uk/moray_standard/page_86203.html
This information therefore falls under Section 25 of the Freedom of Information (Scotland) Act 2002 – Information otherwise accessible.