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)

There is no statutory process for either scenario.

Subject to the agreement of both parties, any owner-occupier who wishes to sell their home to a local authority and remain in it as a tenant in the social rented sector may do so.

If there is already a private tenancy in place, prior to any purchase there could be some negotiation and agreement with the sitting tenant in order to bring their private tenancy with their existing landlord to an end so that they may enter into a social tenancy when the property is purchased by the local authority.

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

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.

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 City of Edinburgh Council set their 21-day timescale during the Wester Hailes pilot and the timescale is based on experience gained during the pilot programme.

The timescale allows owners to reflect and seek advice but is short enough to prevent undue delays to the repairs. The council have provided numerous extensions to this timescale where requested by owners.

The interest rate is applicable to debt where private property owner occupiers pay back over an agreed period of time. The City of Edinburgh Council consider this a last resort for private property owners who may be able to source more favourable rates through re-mortgaging or external finance. This rate was agreed within the council in 2021 alongside the approval of the enhanced Scheme of Assistance and extension of the debt recovery terms. It is worth noting that interest rates were much lower in 2021.

The policy is aimed at getting the balance right for both the council and debtors whilst not encouraging owners to agree payment plans with the council by default. Debt recovery from owners for the works in Wester Hailes is very positive so far with 77% of debt paid or secured in payment plans.

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.