Scottish Secure Tenancy Rights Housing (Scotland) Act 2014 Changes

Similar documents
CHANGES TO YOUR SCOTTISH SECURE TENANCY RIGHTS INTRODUCED BY THE HOUSING (SCOTLAND) ACT 2014

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 booklet explains the changes to Scottish secure tenancy rights

Changes to your SHORT Scottish Secure Tenancy Rights Introduced by the Housing (Scotland) Act 2014

JOINT TENANCY POLICY 2017

Introductory Tenancies Your Questions Answered

SUBLETTING POLICY 2017

Demoted Tenancies Your Questions Answered

Housing (Scotland)Act Jim Bauld TC Young Solicitors

Final Draft October 2016

Your Rights. as an Assured Tenant

Private Residential Tenancies: Your essential guide to the new regime

Your Guide to. Your Tenancy Agreement

Royal Borough of Kensington and Chelsea. Tenancy Policy

Deed of Guarantee (Limited)

POLICY: SUCCESSION. 1.0 Introduction. 2.0 Policy Statement. 3.0 Objectives. 4.0 Background Legislation

Explanatory Notes to Housing (Scotland) Act 2006

Until there s a home for everyone

1.3 The grant of a new tenancy normally follows the allocation of a home by SCH through the Solihull Home Options ( SHO ) scheme.

VARIATION OF THE BURY COUNCIL SECURE AND INTRODUCTORY TENANCY AGREEMENT SECTION 103 OF THE HOUSING ACT 1985

Sole to Joint Tenancy Policy

Granting Sole and Joint Tenancies Policy ENFORCEMENT POLICY

Northampton Tenant s Panel. Tenancy Rights and Tenancy Agreements

A message from Gloria, ARK Participation Officer

Briefing Note. Private Rented Sector Housing: Regulation and Landlords Responsibilities

Final Draft October 2016

TENANCY AGREEMENT (2010 Edition)

How a Landlord Can End a Tenancy

Final Draft October 2016

Guidance Sheet : Tenancy Deposit Protection in Scotland Information for Landlords, Tenants and Letting Agents

Welcome to Advice Direct..., the written information service from Guild Advice.

Starter Tenancy Policy

CLACKMANNANSHIRE TENANTS AND RESIDENTS ASSOCIATION WRITTEN SUBMISSION

Residential Possession Proceedings Briefing Note

HomeFinder. Information Guide. Providing Quality Homes & Neighbourhoods

Policy Scope This policy applies to individuals who are seeking to succeed to a Phoenix tenancy.

Tenancy Agreement. Name Sex D of B Relationship to tenant

Private Residential Tenancy Statutory Terms Supporting Notes

Briefing The Housing (Scotland) Bill: tackling unlawful evictions in Scotland

Tenancy Policy Dale & Valley Homes Durham City Homes and East Durham Homes

The Scottish Government Consultation on Affordable Rented Housing

HORIZON HOUSING ASSOCIATION ABANDONMENT AND REPOSSESSION OF PROPERTY POLICY DRAFT APPROVED: 18 JUNE 2015 EFFECTIVE DATE: 18 JUNE 2015

Southend-on-Sea Borough Council. Tenancy Policy

Tenants Handbook. Welcome to your new home. Understanding your tenancy

Tenancy agreement. a guide

TENANTS INFORMATION SERVICE (TIS) WRITTEN SUBMISSION

ASSIGNMENTS & OTHER TENANCY CHANGES

If the Council offers you a property the offer letter will explain the type and length of the tenancy.

End of fixed term tenancy policy

Sample Rent Book. Amount of weekly rent. Record of rent paid. Date rent due from

THE RESIDENTIAL TENANCIES ACT OFFENCES

Assignment, Mutual Exchange and Succession Policy

DATE APPROVED: August 2015 Revision No: 3 Code: HM 11

ASSIGNMENTS & OTHER TENANCY CHANGES. 2.1 We will deal with all tenancy changes in line with relevant legislation.

Document control. Supercedes (Version & Date) Version 2 February 2017

Renting Homes (Wales) Act 2016 Overview of the Act and implications for the sector

Tenancy Changes Policy

We do not require sight of the tenancy agreement. However you must provide us with the following if requested:

Landlord and Tenant Action from Attwells Solicitors

Choice Based Lettings Information Guide

Some homes may not be eligible and in those cases we will try to find an alternative property that you can buy.

ASSURED TENANCY AGREEMENT (In accordance with Part 1 of the Housing Act 1988) Modified: September 10, Title: FO-Green Lane Tenancy Agreement

Royal Borough of Kensington and Chelsea Grenfell Rehousing Policy. Revision November 2017

Tenancy Transfer, Succession and Mutual Exchanges Policy

ALLOCATION SCHEME. Effective from the day of 24 th April In this Scheme, unless the context otherwise requires:-

SERVICE POLICY MUTUAL EXCHANGES AND SUCCESSIONS OF TENANCY

ASSIGNMENT POLICY AND PROCEDURE

Scottish Secure Tenancy Agreement

Renting Homes (Wales) Bill

The year in review for landlords Landlord Law Conference Sam Madge-Wyld 19 May 2017

The Private Rented Housing Panel

POLICY: FIXED-TERM TENANCIES. 1.0 Introduction. 2.0 Aims and Objectives. 3.0 Policy Statement. 4.0 Background Legislation & Legal Framework

SCOTTISH GOVERNMENT RESPONSE TO PRIVATE RENTED HOUSING (SCOTLAND) BILL STAGE 1 REPORT

H17. Succession Policy and Procedure. If you require this policy in a different format please ask a member of staff

a summary report on the unlawful eviction of private sector tenants

SCOTTISH SECURE TENANCY AGREEMENT

SHORT ASSURED TENANCY AGREEMENT UNDER THE HOUSING (SCOTLAND)ACT 1988

Licensing of Houses in Multiple Occupation in England. A guide for tenants

MAGNA HOUSING GROUP TENANCY POLICY

Mutual Exchanges Policy

Tenancy Deposit Protection

ANTI-SOCIAL BEHAVIOUR POLICY

Tenant Belongings Landlord duties and responsibilities when the tenant leaves but their belongings stay

Application Procedure

MUTUAL EXCHANGES EXPLAINED

APPLICATION FOR RENTAL (Archstone Van Ness)

Mutual Exchange Policy

3.1 A Notice to Quit (NTQ) is a legal instrument to end a tenancy that can be provided by a tenant or a landlord to terminate the tenancy.

BUSINESS PROPERTY LEASES

Updated July Housing Allocation Scheme

PRIVATE RENTED HOUSING (SCOTLAND) BILL [AS AMENDED AT STAGE 2]

TENANT LAW SERIES. Care homes

Wandsworth Borough Council. Tenancy and Rent Strategy

Your tenancy Intermediate rent

APPLICATION FORM FOR A MUTUAL EXCHANGE

Advice for Private Landlords Mandatory Licensing of Houses in Multiple Occupation

Tenancy Policy Introduction Legal Framework Purpose Principles Policy Statement Tenancy Statement...

Repairs Recharge Policy (Former and Existing Tenants) Date Effective: Date of Review: Irvine Housing Association Repairs Recharge Policy

SAMPLE AT5 FORM ASSURED TENANCIES HOUSING (SCOTLAND) ACT 1988 NOTICE UNDER SECTION 32 TO BE SERVED ON A PROSPECTIVE TENANT OF A SHORT ASSURED TENANCY

Lettings and Tenancy. Date: February 2015 Version: 1. Document Reference: Document Owner: Annette Morrison. See also: Date last reviewed: June 2014

Transcription:

Scottish Secure Tenancy Rights Housing (Scotland) Act 2014 Changes The tenancy agreement you have with Scottish Borders Housing Association is a Scottish Secure Tenancy (SST) agreement. Scottish Secure Tenancy Rights will be changed by the Housing (Scotland) Act 2014. This leaflet tells you about the changes to your rights under your tenancy agreement and what you need to do to protect your tenancy rights. Keep this leaflet in a safe place in case you need to refer to it.

May Ending a Scottish Secure Tenancy by Court Order Conviction of a Crime / Serious Antisocial Behaviour Committing serious antisocial behaviour or certain crimes are a breach of your tenancy agreement and can lead to your eviction If you, or anyone living with you in the property or anyone visiting the property, are convicted of using the house or allowing it to be used for immoral or illegal purposes, or of an offence punishable by imprisonment committed in or in the locality of the property, we are entitled to seek a court order to evict you from your home Before we start the court action for eviction, we will serve a Notice of Proceedings on you. You have a right to challenge that decision. From 1 May, the Housing (Scotland) Act 2014 will make this process easier by removing the need for the Court to consider whether it is reasonable to make an order for eviction where we are using this ground for eviction. The court will be to grant the eviction order if we have served the Notice of Proceedings within twelve months of the date of the conviction (or within twelve months of the conclusion of an unsuccessful appeal against the conviction) Adapted Properties Some properties are designed or adapted to meet the particular needs of a tenant or a person living with the tenant. Sometimes that person moves to a different property or dies. From 1 May, we will be able to apply to the Court to recover the property if it is not being occupied by anyone who needs the adaptations. We would only do this if we need the property for someone who needs the adaptations. We would give you notice before applying to the court to do this and we would offer you suitable alternative accommodation. You would be able to ask the Court to consider whether our actions were reasonable and challenge the suitability of the alternative accommodation.

Conversion to a Short Scottish Secure Tenancy for Antisocial Behaviour In certain circumstances, we can change your tenancy agreement to a different type of tenancy agreement called a Short Scottish Secure Tenancy (SSST) agreement, which gives you fewer rights and less protection from eviction than a Scottish Secure Tenancy (SST). From 1 May, these circumstances will now include any situation where a tenant or someone living with the tenant has acted in an antisocial manner in or around the property. If we choose to convert your tenancy we will serve a Notice on you which will detail the actions of the person who has behaved in an antisocial manner and our reasons for converting the tenancy. You will have the right to appeal the conversion to the Sheriff Court. November Changes to your household and tenancy rights From 1 November, new rules mean that there will be a 12-month qualifying period before you can apply for permission to make any substantial changes to your tenancy, AND the 12-month qualifying period only begins on the day we receive written notification from you of any changes. To protect your tenancy rights, it is important that you let us know in writing, by no later than 1 November 2018, of changes that have already happened It is important that you tell us immediately of any change which occurs after 1 November 2018. This is particularly important if someone has given up their own home to move in with you to care for you. If you let us know after 1 November 2018, the 12-month qualifying period will begin on the day you let us know. For example, if you notify us in writing on the 5 November 2018, the 12- month qualifying period will end on the 5 November. If you notify us in writing on 5 April 2020, the 12-month qualifying period will end on the 5 April 2021.

Applying to add a joint tenant to your tenancy agreement You may have a new partner or family member who you wish to become a joint tenant with you. You need consent from us if you wish to add a joint tenant to your tenancy agreement. From 1 November, proposed joint tenants will need to have lived at the property as their only or principal home for 12-months before you apply for them to become a joint tenant. The 12-month period only starts when we receive written notification from you that the proposed joint tenant is living there, and you wish to apply to add them as a joint tenant. Transferring your tenancy to someone else (Assignation) You may wish to move out of your property, and pass your tenancy to a member of your household who already lives with you. From 1 November, before you can do this, both you AND the person you wish to pass the tenancy to must have lived in the property as your only or principal home during the previous 12 months before you apply to assign your tenancy. The 12-month period only starts when we receive written notification from you that the other person is living in the property as their only or principal home. We can refuse permission to assign a tenancy if we have reasonable grounds to do so.

Subletting your property You may wish to sublet all or part of your home. You need our consent to do this. From 1 November, before you apply for consent to sublet your property, you must have been the tenant of the house throughout the 12 months immediately before you apply to sublet. We can refuse to give permission for you to sub-let your property if we have reasonable grounds to do so. Taking over a tenancy after the tenant s death (Succession) You may have people living with you who are not joint tenants, who you may wish to take over the tenancy after you die. This could be an unmarried partner, family member or carer. To protect their right to succeed to your tenancy, you must tell us in writing that the person you wish to take over your tenancy has moved in with you at the time they do so. If someone has already moved in and you have not told us, it may affect their right to succeed to your tenancy. To succeed to your tenancy if you die after 1 November, any person who is not your lawful spouse or civil partner must have lived in the property as their only or principal home for at least 12 months immediately prior to the tenant s death. The 12-month period only starts when we receive written notification from you that the other person is living in the property as their only or principal home. This is very important if someone else has given up their own home to care for you.

Summary of Changes to your Rights under your Tenancy Agreement Topic Conversion to SSST When it comes into effect 1 May Changes introduced Circumstances will include any situation where a tenant or someone living with the tenant has acted in an antisocial manner, or pursued a course of conduct amounting to harassment of another person. This conduct must have been in or around the house occupied by the tenant and it must also have happened in the 3 years before the notice is served. Current situation Action What happens if you don t take action? N/A None N/A Joint Tenancy Subletting 1 November 1 November In cases where no antisocial behaviour order has been granted by the court, the landlord must include in the notice the actions of the person who has behaved in an antisocial manner, the landlord s reasons for converting the tenancy and details of the tenant s right of appeal to the court. The proposed joint tenant must have lived at the property as their only principal home for the 12 months before you apply for them to become a joint tenant. 12 months only start when we have received written notification from you that they live there. You must have been the tenant of the house throughout the 12 months immediately before you apply for written No qualifying period Notify us in writing of who lives in your house We will not be able to offer a joint tenancy No qualifying period None N/A

Topic Assignation Succession When it comes into effect 1 November 1 November Changes introduced permission to sublet your home. The house must have been your only or principal home during the 12 months immediately before you apply for written permission to pass your tenancy to someone else. The person you wish to pass your tenancy to must have lived at the property as their only or principal home for the 12 months before you apply. The 12-month period only starts when we have received written notification that the person living in the property as their only or principle home. We must have been told that by you, a joint tenant, or the person you now wish to pass the tenancy to. The person who is not the lawful spouse or civil partner of the deceased tenant who wishes to succeed to the tenancy must have lived at the property as their only principal home for 12 months at the time of the tenant s death. The 12-month period does not begin until we have been notified in writing that the person living in the property as their only principal home. We must have been told that by you, a joint tenant, or the person you Current situation No qualifying period for existing tenant. Six-month qualification period for assignee Written notification No qualifying period Written notification Action Notify us in writing of who lives in your house Notify us in writing of who lives in your house What happens if you don t take action? We will not be able to assign your tenancy The person will not be entitled to succeed to your tenancy. We will have no discretion to allow such succession.

Topic When it comes into effect Changes introduced now wish to pass the tenancy to. Current situation Action What happens if you don t take action? Ending SST by Court Order following a conviction for serious antisocial behaviour or criminal behaviour Recovering adapted properties 1 May 1 May 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. Court can be asked to end a 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. Notice would be and suitable alternative accommodation would need to be offered. Courts need to consider if it is reasonable to evict after a conviction Adapted properties cannot be recovered N/A N/A N/A N/A