Housing (Hansard, 15 April 1991)

§ Mr. Kirkwood
To ask the Secretary of State for Scotland when he next expects to meet the Scottish Homes board to discuss progress being made in the proposed disposal of former Scottish Special Housing Association houses in the Borders region in terms of the voluntary disposal procedures in the Housing (Scotland) Act 1988; and if he will make a statement.

§ Lord James Douglas-Hamilton
I have no plans to do so.

§ Mr. Kirkwood
To ask the Secretary of State for Scotland (1) whether, in the event of the disposal of the former SSHA houses in the Borders region being rejected in whole or in part, by a majority of the tenants or by himself, he would require to give his consent to any proposed agents to factor any properties remaining in the possession of Scottish Homes;
(2) if he will allow local authorities to be considered as appropriate bodies to compete to act as agents of Scottish Homes in any future factoring arrangements on expiry of exisiting contractual arrangements of Scottish Homes properties in the Borders region;
(3) what instructions he will give to Scottish Homes in terms of future factoring arrangements for former SSHA housing stock in the Borders region;
(4) if he will make a statement on how he intends to exercise his powers in section 3A of the Housing (Scotland) Act 1988, relative to his consent being required for Scottish Homes appointing other persons to act as its agents.
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§ Lord James Douglas-Hamilton
In terms of Scottish Homes (Powers) General Authority 1989, a general authority given by my right hon. Friend in terms of section 2(3)(a) of the Housing (Scotland) Act 1988, Scottish Homes may appoint such agents as it considers necessary, on such terms and conditions as it thinks fit and reasonable. The general authority does not, however, authorise Scottish Homes to appoint agents to manage houses where the cost of doing so is greater than if Scottish Homes managed those houses without an agent.

§ Mr. Kirkwood
To ask the Secretary of State for Scotland, pursuant to his answer of 5 March,Official Report, column 142, if he will publish the revised timetable for the proposed disposal of former SSHA housing stock in the Borders region including the time for Scottish Homes to process proposals to purchase stock.

§ Lord James Douglas-Hamilton
My right hon. Friend has asked Scottish Homes to publish the proposed timetable and expects it to do so during May.

§ Mr. Kirkwood
To ask the Secretary of State for Scotland whether he will now reconsider his policy of proscribing tenants choice of landlord in relation to the public sector; and if he will make a statement.

§ Lord James Douglas-Hamilton
My right hon. Friend has no plans to amend the relevant legislation.

§ Mr. Kirkwood
To ask the Secretary of State for Scotland, pursuant to his answer of 5 March,Official Report, column 144, if he will now publish the safeguards he will insist upon as a condition of his consent to a voluntary transfer of housing stock under the provisions of the Housing (Scotland) Act 1988 in protecting the interests of tenants against any private sector or voluntary sector landlord who is subsequently made bankrupt or goes into liquidation.

§ Lord James Douglas-Hamilton
I have nothing to add to my reply of 5 March.

§ Mr. Kirkwood
To ask the Secretary of State for Scotland whether multi-option ballots are to be allowed to be put to tenants under the voluntary disposals of former SSHA housing stock in the Borders region in terms of the Housing (Scotland) Act 1988.

§ Lord James Douglas-Hamilton
In the guidance which my right hon. Friend has given to Scottish Homes there is nothing which prevents the agency from putting forward two or more options to the ballot stage for consideration by tenants. I understand that it remains Scottish Homes' intention, however, that at each ballot only one proposal for change will be put to the tenants.

§ Mr. Kirkwood
To ask the Secretary of State for Scotland whether he is yet in a position to publish details of the burdens and other heritable conditions to be determined by Scottish Homes which are to be inserted in the title deeds of the heritable properties to be disposed of under the voluntary disposals of former Scottish Special Housing Association housing stock in the Borders region in terms of the Housing (Scotland) Act 1988; what specific heritable conditions will be imposed to protect and safeguard future tenants; and what powers he has to vary any such conditions.

§ Lord James Douglas-Hamilton
As stated in my reply of 5 March, these properties are owned by Scottish Homes 121W and which, if any, burdens or other heritable conditions are imposed on the stock to be transferred is a matter for the agency.
My right hon. Friend has no powers to vary any such conditions, although he may take these into account in the giving or withholding of his consent to any disposal.

§ Mr. Kirkwood
To ask the Secretary of State for Scotland, pursuant to his answer of 5 March,Official Report, column 144, regarding the valuation system to be adopted in any large-scale voluntary transfer of housing stock, what procedures are to be put in place to decide what condition the stock is in and who will arbitrate in the event of a dispute about the valuation of the necessary remedial work.

§ Lord James Douglas-Hamilton
In terms of Scottish Homes' published procedures, the agency itself will undertake a current survey of the properties so that the condition can be established. As stated in my answer of 5 March, the district valuer will be invited to assess the market value of the stock. This valuation will be on the basis of open market value subject to existing tenancies with account being taken of the condition of the stock. Negotiations on the offers made by prospective landlords will be a matter for Scottish Homes.

§ Mr. Kirkwood
To ask the Secretary of State for Scotland what power he has to ensure that former SSHA tenants, currently holding tenancies with Scottish Homes, will continue to be the subject to affordable levels of rent in the event of being transferred to another private or voluntary sector landlord under the voluntary disposal of stock provisions in the Housing (Scotland) Act 1988.

§ Lord James Douglas-Hamilton
The basis for determin-ing future rents will form part of the overall proposal which will be put to tenants in the ballot which will precede the approval of any such disposal. Future rental increases will be determined by the provisions of the tenancy agreement and in the case of dispute will be subject to the arrangements for rental increases under assured tenancies under the provisions of sections 24 and 25 of the Housing (Scotland) Act 1988. These provisions allow the tenant to refer the prescribed notice of increase in rent to the rent assessment committee for determination.

§ Mr. Kirkwood
To ask the Secretary of State for Scotland what level of financial support he expects to pay to private sector landlords acquiring former SSHA housing stock in the Borders region in terms of the voluntary disposal provisions of the Housing (Scotland) Act 1988; and what financial support will be provided to cover elements of any management costs involved in making the successful bid to purchase.

§ Lord James Douglas-Hamilton
Scottish Homes would be responsible for the consideration and payment of any request for financial support from a private sector landlord. It would be for the agency to consider, in the first instance, the elements of costs which might be assisted. In terms of section 3(a) of the Housing (Scotland) Act 1988, any proposal by Scottish Homes to provide financial support would require the approval of my right hon. Friend given with the consent of Treasury. Before granting that approval, he would wish to be assured that the assistance would be in accordance with his and Scottish122W Homes' policy objectives and would provide value for the public funds involved, relative to the competing demands for those funds.

§ Mr. Kirkwood
To ask the Secretary of State for Scotland if he will take steps to ensure that any tenants of Scottish Homes who do not wish to transfer to the private sector, in terms of the voluntary disposal of former SSHA houses in Borders region under the Housing (Scotland) Act 1988 will be permitted to remain as tenants of Scottish Homes.

§ Lord James Douglas-Hamilton
No. However, my right hon. Friend will withhold his consent to any disposal if he is not satisfied that the interests of tenants have been fully protected and he will give his consent only if a majority of those replying to the ballot are in favour of the proposal put to them.
In the guidance which he issued to Scottish Homes in February 1991, my right hon. Friend asked Scottish Homes to ensure that tenants are advised of their rights and of all the opportunities available to them, as soon as possible after Scottish Homes' initial clearance of any case put to it for disposal. He will wish to ensure that advice has been given to tenants before giving his consent.