CHANGES TO YOUR SCOTTISH SECURE TENANCY RIGHTS INTRODUCED BY THE HOUSING (SCOTLAND) ACT 2014
The tenancy agreement you have with us is a Scottish secure tenancy agreement. This article explains the changes to Scottish secure tenancy rights made by the Housing (Scotland) Act 2014.
This article affects your rights under the tenancy agreement you signed when you took up your tenancy. You should keep it in a safe place along with your tenancy agreement in case you need to refer to it in the future.
Telling us about changes to your household
To ensure that your tenancy rights are protected it is very important to ensure that you advise us of any changes to your household.
This includes telling us about anyone who has previously moved in with you who you haven’t already told us about, and when anyone moves into or out of your home in the future at the time they do so.
If this is not correct please update your details, you can do this by:
Updating your family information on our website at my.clochhousing.org.uk
Writing to us at Cloch Housing Association Limited, 19 Bogle Street, Greenock PA15 1ER
Calling us on: 01475 783637 Emailing us on firstname.lastname@example.org
We will acknowledge receipt of your notification
Subletting, Assignation and Joint Tenancy
There are changes if you want to sublet all or part of your house to someone else if you want to assign your tenancy (pass on the tenancy to someone else) or want another person to be included with you as a joint tenant.
If you want to sublet all or part of your tenancy, this needs our consent as your landlord. Section 12(2) of the 2014 Act makes the following changes:
Assignation (passing your tenancy to someone else)
If you want to assign your tenancy (pass the tenancy to someone else), this needs our consent as your landlord. Section 12(2) of the 2014 Act makes the following changes:
We can refuse permission to assign a tenancy if it is reasonable for us to do that.
Two new reasons when we can refuse an application for assignation have been added to the existing list of reasons at section 32 of the Housing (Scotland) Act 2001. These new reasons are:
This change will come into effect from 1 November 2019. As is already the case, before you can assign (pass) your home to someone else you must ensure that you apply to us for permission.
If you want to add a joint tenant to your tenancy agreement, this needs our consent as your landlord. Section 12(1) of the 2014 Act makes the following changes:
This change will come into effect from 1st November 2019. Before you can add a joint tenant to your tenancy agreement, as is already the case you must ensure that you apply to us for permission. The person you wish to add as a joint tenant, and any existing joint tenants, must apply along with you.
Ending a Scottish Secure Tenancy Agreement
By Court Order
The Act changes the way in which a Scottish secure tenancy can be ended following a conviction for serious antisocial or criminal behaviour. Section 14(2) of the 2014 Act means that a court does not have to consider whether it is reasonable to make an order for eviction where the landlord has grounds for recovery of possession under Schedule 2 paragraph 2 of the Housing (Scotland) Act 2001.
These grounds are:
That the tenant (or any one of joint tenants), a person residing or lodging in the house with, or subtenant of, the tenant, or a person visiting the house has been convicted of:
This means that we can end a Scottish secure tenancy if someone living in or visiting the home is convicted of a serious
If we are intending to end a Scottish secure tenancy in this way, we would serve a notice on you advising that we intend to seek recovery of possession of the property. That would be done within 12 months of the conviction (
A tenant has a right to challenge a landlord’s decision to take court action to end the tenancy on these grounds.
This change will come into effect from 1 May 2019. This change does not apply if we served the notice on you before that date and the notice is still in force at the date when court proceedings are raised.
Section 15 of the 2014 Act allows any social landlord to ask a sheriff to grant an order to end the tenancy of an adapted property that is not being occupied by anyone who needs the adaptations. This only applies where the landlord requires the property for someone who does need the adaptations. If this situation happens we would give you notice before applying to the sheriff. We would offer you suitable alternative accommodation. You would be able to ask the sheriff to consider whether our actions were reasonable and to challenge the suitability of the alternative accommodation.
This change will come into effect from 1 May 2019.
Conversion to a Short Scottish Secure Tenancy for Antisocial Behaviour
Section 7(2) of the 2014 Act extends the circumstances when we could serve you with a notice converting your Scottish secure tenancy to a short Scottish secure tenancy. This means that in certain circumstances we can change your tenancy agreement to a different type of tenancy agreement called a short Scottish secure tenancy which gives you fewer rights and less protection from eviction than a Scottish secure tenancy. A short Scottish secure tenancy has a fixed duration, unless we agree to extend it or convert it back to a Scottish secure tenancy.
The circumstances now include any situation where a tenant or someone living with the tenant has acted in an antisocial
Section 7(2) of the 2014 Act also places new requirements on social landlords when issuing a notice to a tenant converting a tenancy to a short Scottish secure tenancy as a result of antisocial
This new ground to convert a tenancy will come into effect from 1 May 2019
Taking Over a Tenancy after the Tenant’s Death (known as Succession)
The 2014 Act changes some of the rules around when certain people can succeed to (take over) a Scottish secure tenancy on the death of the tenant. To ensure rights to succession are protected you must have told us that the person wishing to succeed to a tenancy has moved in with you at the time they do so.
Section 13(a) and 13(d) of the 2014 Act make changes to the rules on succession for unmarried partners:
Section 13(b) and 13(d) of the 2014 Act make changes to the rules on succession for family members:
Section 13(c) and 13(d) of the 2014 Act make changes to the rules on succession for carers:
These changes will come into effect from 1 November 2019. If we have already been told by the appropriate person then we do not have to be notified again.
Right to Buy
|Right to buy ended for all tenants of social housing in Scotland who had a right to buy on 1 August 2016.|
This article provides a summary of the changes to your rights under your tenancy agreement. If you need more information on how these changes affect you, please contact us.