Housing (Scotland) Act 2001

The Housing (Scotland) Act 2001 has introduced a new tenancy for tenants in the social housing sector and from 30th September 2002, the Scottish Secure Tenancy (SST), replaced assured tenancies for tenants of registered social landlords. The Association's Committee of Management approved it's new SST Agreement in August 2002 and all of our tenants are now signed up to our new Tenancy Agreement. Please note that we have highlighted your main rights and responsibilities, as contained in your new tenancy agreement, below.

Rent - We will consult you about any proposed increase in rent or service charge and have regard to your opinions before we make our decision. We will give tenants at least four weeks notice before increasing rents or other service charges. We will not normally change the rent more than once every twelve months.

Use Of The Property - You must take entry to the house, occupy and furnish it and use it solely as your only or principal home.

Respect For Others - You, those living with you, and your visitors, must not harass or act in an anti-social manner to, or pursue a course of anti-social conduct against, any person in the neighbourhood.

Sub-Letting & Assignation - You have a right to assign, sublet or take in a lodger with the written consent of the Association. We will not unreasonably refuse permission for an assignation, sub-letting or taking in a lodger. In the case of an assignation the house must have been the only or principle home of the person to whom you want to assign the tenancy for at least 6 months before the date of your written request.

Exchange Of Your Tenancy - You have a right to apply for an exchange of your house. The exchange must be with another house where the tenant is also a tenant of a local authority landlord, a registered social landlord, a water authority or sewerage authority. We will not unreasonably refuse permission for a mutual exchange. Reasonable grounds may include factors to do with the size of the property, suitability and design of the property.

Joint Tenancies - All persons occupying the house as their principle home may apply for a joint tenancy and this will not be unreasonably refused by the Association. If two or more people have signed the Tenancy Agreement, they are joint and severally liable for the terms and conditions of the Agreement. A joint tenant may, at any time, end his or her interest in the tenancy of the house by giving 4 week's written notice to us and to the other joint tenant. Succession - Tenants now have a statutory right to a second round of succession and succession rights have been created for same sex couples and carers. The 12 months residency test has been removed and replaced by a 6 month residency test which applies to non spouse family members.

Repairs - During the course of your tenancy we will carry out repairs or other work necessary to put the house in a condition which is tenantable, wind and watertight and reasonably fit for human habitation. Before the start of your tenancy we will inspect your house and notify you of any work that requires to be carried out to meet this obligation. We have the right to get access to the property, providing at least 24 hours notice is given, to inspect or carry out repairs. We will carry out all repairs within a reasonable period of becoming aware that the repairs need to be done. All tenants will have the statutory "right to repair".

Right to Repair - Tenants will have the right to have certain essential repairs carried out within a specified period. Secure tenants already have these rights. The Association will provide more information when we receive further guidance from the Scottish Executive.

Abandonment - We will seek to recover possession of a house which we believe has been abandoned by the tenant, or joint tenant, where we believe that the tenant does not intend to occupy it as the tenant's home. We can recover possession of the house under these circumstances without going to court.

Security of Tenure - All actions for recovery on conduct grounds are subject to a test of reasonableness by the courts.

  • Courts are required to have regard to four specified criteria in considering the reasonableness of recovery actions on "conduct grounds"
  • Other occupiers (who are not tenants) have the right to be party to any court proceedings for recovery.

Information - We will provide you with the following:-

  • a written tenancy agreement
  • information about our complaints procedure
  • information, on request, relating to our policy about rent setting, allocations, exchanges, repairs and tenant participation.
  • Information about the right to buy prior to a new tenancy
  • notification of any change in tenants right to buy entitlement

Right To Buy Entitlement -

  • Those tenants who currently have the preserved RTB (as former Scottish Homes tenants) will retain their right to buy. If you transfer to another house as from 30 September 2002 you will lose the preserved RTB.
  • Those tenants who do not currently have the right to buy will be suspended from the RTB for a period of 10 years. Registered social landlords can also apply to have the 10 year period extended for a further period of up to 10 years.
  • Right to buy can be suspended by a landlord where the tenant has outstanding rent arrears or Where legal action has been initiated against the tenant because of alleged anti-social behaviour.

Whilst the main clauses in the SST agreement as highlighted above, are statutory and cannot therefore be changed or omitted, there are also some contractual clauses which we have included which take into account local circumstances and cover such issues as the keeping of pets, use of the common parts, garden maintenance and Data Protection.

Please contact the Housing Management staff at the office for further information on any of the above issues.





©2003 Larkfield Housing Association