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Fairfield Housing Association

The Housing Scotland Act 2014: Important Changes to Your Rights as a Tenant

The Housing (Scotland) Act 2014 introduces important changes to the rights of all social housing tenants some come into effect on 1 May 2019 and others from 1 November 2019.  We wrote to all our tenants in October 2018 informing them in detail of these changes and making them fully aware of how these changes may impact upon them now and in the future.

We advised all tenants that it is very important to ensure that we have accurate information about who is living in your house and that you advise us of any changes to your household.

If you do not tell us in writing that someone is in your property they will not be eligible to become a joint tenant, you will not be able to seek permission to transfer your tenancy to them (assign the tenancy) nor will they be entitled to  take over the tenancy if you die (succeed).

Shown below is a table highlighting the changes introduced by the Housing Scotland Act 2014.  Should you require any further information on this matter please do not hesitate to contact us.

Change

What does it mean?

When does it start?

Repossession of a property for criminal behaviour

If you, someone living with you, or a visitor to your property is convicted of an offence in the property or surrounding area, for which a prison sentence could have been imposed, then we can end your tenancy.

1 May 2019

(can be applied where conviction has taken place up to 12 months previously)

Short Scottish Secure Tenancy Agreements

We can now offer a Short Scottish Secure Tenancy (SSST) to someone who owns their property, on a temporary basis in certain exceptional circumstances.

We can also decide to offer, or convert an existing tenancy to, a SSST, where the tenant, someone living with them, or visiting them has acted in an anti-social manner within the previous 3 years.

A SSS will last for 12months with a possible 6 month extension. It has fewer rights than a Scottish Secure Tenancy and less protection from eviction.

1 May 2019

Adapted properties

Currently we can ask a Sheriff to allow us to repossess a property which has been specially adapted, where the person no longer requires the adaptation.

The changes mean that we can now also ask for an order for repossession where the tenant did not need the adaptation in the first place.

In these circumstances we have to provide the tenant with suitable alternative accommodation.

1 May 2019

Joint Tenancy

If you wish to make someone in your household a joint tenant, that person must have been registered with us as living with you in the property for at least 12months before you apply for the joint tenancy.

1 November 2019

Assignation

If you wish to give your tenancy to someone else who lives with you, that person must have been registered with us as living with you in the property for at least 12months before you apply for the assignation.

1 November 2019

Sub - letting

You must have been the tenant of your property for at least 12months before you can ask us to allow you to temporarily sub-let it to someone else.

1 November 2019

Succession

If you pass away, anyone who wishes to take on your tenancy must have been registered with us as living with you in the property for at least 12 months at the time of your death. The only exceptions to this are for spouses, civil partners or joint tenants. People in any of these categories must have been registered with us as living in the property at the time of the tenants’ death.

1 November 2019


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