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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

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 Scottish Government does not collect or hold management fee information about local authorities’ mixed tenure improvement services, which would need to be obtained directly from each local authority that operates such a service.

The Tenements (Scotland) Act 2004 does not discuss “standard rates” for any aspect of work to be undertaken and no changes to this are currently under consideration.

The prescribed Notice to Leave that landlords must use to end a private residential tenancy includes important information for tenants and signposts to a number of organisations, such as Citizens Advice Scotland and Shelter Scotland, should they need advice and support to understand their rights. It also directs tenants worried about having somewhere to live to contact their local authority to discuss their circumstances.

Local authorities are obliged by law to offer minimum of temporary accommodation, advice and assistance for people who are at risk or who are experiencing homelessness. They are best placed to provide advice on housing options and what further support they can offer.

For short assured or assured tenancies, the Notice to Quit landlords must use to end the tenancy advises tenants about getting legal advice or contacting organisations who provide housing support if they are unsure of the validity of the Notice. It advises that help with all or part of the cost of legal advice may be available under the legal aid legislation.

Scottish Government are providing up to £2 million this year to support the Early Resolution Advice Programme administered by the Scottish Legal Aid Board, which supports projects in the third sector, to provide assistance and representation for people at risk of, or facing court action related to debt and housing matters.

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 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.

In Edinburgh, the council’s Scheme of Assistance Strategy allows owner occupiers to sell their homes back to the Council and remain in their home with a Scottish Secure Tenancy. Throughout the 3-year Pilot programme in Wester Hailes, the team have engaged and consulted with owners and landlords to understand their concerns and see what support could be offered. This approach will continue as the service expands to Restalrig and Lochend.

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.