social housing tenancies scotland

If you are able to pay rent as normal you must continue to do so. Allocations policies must be compliant . Short Scottish secure tenancies This section explains what a short Scottish secure tenancy is and what your rights are if you have an SSST agreement with the council, a housing association or a housing cooperative. Last updated: 5 October 2020. Key aspects of the policy such as the aforementioned RTB abolition and the new social and affordable supply programme are reviewed. Conclusion. Social Housing - Scotland 1.1. Private Residential Tenancy: From December 2017 the Private Residential Tenancy (PRT) became the common form of tenancy in Scotland, replacing assured and short assured tenancies. 1. They were established by the Housing (Scotland) Act 2001 and amended by the Housing (Scotland) Act 2014. You can change your cookie settings at any time. We are: 1. increasing the amount of council housingand protecting social housing for the future by ending the right to buy 2. making sure that councils' and RSLs' If someone rents a home from a council, a housing association or a housing co-operative, the tenancy is likely to be a Scottish Secure Tenancy. social housing sphere in England and Scotland. Edinburgh: 111 in tenancies. 22nd October 2020 by admin. Although this fact sheet is generally about social housing, some older private tenancies that began before 1989 also operate in a similar way. The information in this fact sheet applies to you if: You rent your home from a private landlord; Housing and Social Justice. “Landlords Need Educating on Social Tenancies” – Pick My Pad . In most cases, the temporary law means landlords must give you at least 6 months' notice to end a tenancy. Landlords will then have to decide whether or not to offer a new tenancy to the person. Fixed Term Tenancies. Social Housing tenancies. experience. With any move, care should be taken to follow the latest physical distancing and hygiene guidance. You may wish to get help and advice if your landlord is trying to evict you. The new qualifying period and notification requirements are intended to reduce these situations. Sheriff Officers cannot evict you from your social rented home before 22 January 2021. social housing. Sublet, assigned etc. Social Tenancies Renting Rights. For some cases it is 28 days. Social Housing (fixed-term tenancies) Key findings y There is little evidence that social tenants adjust their behaviour as a result of having a fixed-term rather than open-ended tenancy, other than in relatively minor ways (for example, some may be less likely to invest in home improvements). The same exemptions for antisocial or criminal behaviour apply. Anyone over the age of 16 can apply for council housing anywhere in Scotland. 7.12 Where an applicant does not have the right to succeed, landlords have no discretion to grant a succession of tenancy. This could include where the carer moved in following a medical emergency or where they were providing a high level of care which left them with little time for seeking out information and support, or informing the landlord that they have moved in. Social Housing - Scotland. All terms shall have the same meaning as they do in the Housing (Scotland) Act 1987. There are exceptions for reasons related to either: If you live in an area under either coronavirus protection level 3 or 4, Sheriff Officers cannot currently evict you. Am I Scottish secure tenant? Changing lives and transforming communities: Five years of Warmer Homes Scotland. –housing associations are free to set rents with no central government rent controls or caps and Scottish Ministers have … 7.9 These new qualifying criteria will assist landlords to minimise disputes over succession rights and to make best use of their available housing stock. 21 (passed in . Scottish Secure Tenancies. Are you homeless or at risk of becoming homeless? Some tenants have a short Scottish secure tenancy agreement. If you need advice on moving home or want to discuss your current housing situation you should contact your landlord. Fixed Term Tenancies. There are changes that may be brought into force at a future date. tenancies, rather than conventional lifetime/assured tenancies to social housing tenants. Notifying Tenants and Publicising the Changes, Annex A: Letter Specifically Highlighting Changes to Carers, Find Decisions should take into account the: For advice on moving safely, you can read the moving home during coronavirus guidance on gov.scot. This content applies to Scotland only. Residential Tenancies is the go-to resource for landlord and tenant law as it applies to housing in Scotland. background of social housing policy change in Scotland since devolution, while also presenting the contemporary Scottish policy framework for social housing. Scottish Social Housing Charter (SSHC) The Scottish Social Housing Charter was introduced by the Housing (Scotland) Act 2010 and came into force in April 2012. 7.10 As is currently the case, where there are several qualifying persons, and/or a qualified person advises that they do not wish to succeed to the tenancy, the landlord will need to apply the rules about the order of succession rights and the rules about succession for properties designed or substantially adapted for the use of people with special needs[4]. Those cases must use one of these reasons: The law ends on 31 March 2021. out more about cookies. Therefore if they are a housing association tenant, they have the same rights and the same type of tenancy agreement as a council tenant, unlike in England. 7.20 While succession passes by law, landlords normally require the person who wishes to succeed to the tenancy to apply to them for permission to do so and get their landlord's written consent. We: focus on the most significant risks to tenants, people who are homeless and other service users Whilst there is no statutory period of time that a person can remain in the home where there is nobody qualified to succeed, landlords will as is currently the case be expected to show some sensitivity in these situations. Secure tenancies were the default tenancy offered to general needs tenants for nearly 3 decades. 7.5 A notification given before 1 November 2019 by the tenant, or a person in any one of the categories at paragraph 7.3 above, advising that the specified person is living in the house as their only or principal home is to be treated by the landlord as notification of the start of the new 12 month residency requirement introduced in schedule 3 of the 2001 Act. Body of Housing legislation, 1987 & 2001 Acts, most recently updated by Housing (Scotland) Act 2014 . For example, if this results in overcrowding they may refuse permission to remain in the property. criteria allowed for in the Housing (Scotland) Act 2014, the Scottish Government decided not to proceed with its proposal to use this legislation to introduce probationary tenancies for all new social tenants (Shelter Scotland, 2013). 6. neality iein 5. It is up to each social landlord to decide which allocations and house moves can go ahead. The law on social housing allocations is set out in the Housing (Scotland) Act 1987. Please do not provide any personal information, All content is available under the Open Government Licence v3.0, except for graphic assets and where otherwise stated. Fixed Term Tenancies. If you are unable to pay the full amount, you should pay as much of your rent as you can. Succession - Notification and Applying Succession Rules. Scotland’s Housing First Pathfinder has created more than 300 tenancies, with an additional 50 added since April, a monitoring report has revealed.. Housing First provides ordinary, settled housing as a first response to redress disadvantage and for people whose homelessness is made more acute by ailings such as trauma and addiction. Visit 'Set cookie preferences' to control specific cookies. 7.7 Landlords should set out clearly in their tenancy information such as tenants' handbooks, which methods of notification they will accept and who the notification should be made to. House moves within the social rented sector resumed on 29 June 2020. Glasgow: 192 in tenancies. For further information including advice on property access and repairs, read the, Citizen's Advice Scotland has information and advice, Find out your rights if you have a short Scottish secure tenancy agreement and your landlord has told you they are going to take action to evict you, Scottish Courts and Tribunal Service website, letter to social housing tenants from the Scottish Government's Housing Minister, Renting and your rights during coronavirus if you have a social landlord, you have engaged in relevant antisocial behaviour, someone that you chose to spend time with in the rented property has a relevant criminal conviction or has engaged in relevant antisocial behaviour, you are no longer living at the rented property, criminal behaviour including domestic abuse, help with arrears, or up to 3 months future rent, through a loan from the. How to apply for a council house or flat - housing waiting lists, types of tenancies, the Right to Buy scheme and repairs, complaining about the council All terms shall have the same meaning as they do in the Housing (Scotland) Act 1987. Section 2. If you rent your home from the council, a housing association or a housing co-operative, then you will most probably have a Scottish secure tenancy. The Private Housing (Tenancies) (Scotland) Act 2016 has been passed by the Scottish Parliament. Private Housing (Tenancies) (Scotland) Bill at Stage 1. The 12 month qualifying period does not start until that notice has been given. The Government’s answer to this was the introduction of flexible tenancies in the Localism Act 2011. As the housing sector grapples with a range of issues including welfare reform, an ageing population and the integration of health and social care, the issue of tenancy sustainability is one that is increasingly exercising housing professionals. You appear to be using an unsupported browser, and it may not be able to display this site properly. Data on new tenancies illustrates that a growing number of housing providers are now offering fixed-term tenancies, typically for a term of two or five years.1 The tenant (or any one of joint tenants) or the person who has moved into the house are responsible for notifying the landlord that the person has moved in. We provide the Scottish Government and the Social Housing Resilience Group with updates to help in their coordination of the national response to the pandemic. Continue reading The progress to date (March 2021) is 483 people in homes with support: Aberdeen/shire: 87 in tenancies. Landlords should set out clearly in their tenancy information, such as tenants' handbooks, which methods of application they will accept and who this should be made to. An estimated 1.17 million people live in social rented housing in Scotland, while the average rents for Scottish social housing tenants is up to 21% lower than those in England, official figures have shown. Anyone over the age of 16 can apply for council housing anywhere in Scotland. The most common has been an assured or short assured tenancy, for a minimum period of six months, but all new tenancies now have to be a PRT. Over the last few years, the Scottish Housing Regulator (the Regulator) has been emphasising that social landlords need to take into account tenant affordability when they are setting their rents. • The use of 'probationary' social tenancies is now widespread in England, and the Localism Act 2011 introduced further ‘flexibilities’ enabling social landlords to offer fixed-term, renewable tenancies (FTTs) to all new social tenants, with a statutory minimum term of two years. Note: Your feedback will help us make improvements on this site. Tenants also have a responsibility to advise their landlord of any changes to their household as part of their tenancy agreement. Supporting the social housing response to domestic abuse The Association of Local Authority Chief Housing Officers (ALACHO), the Chartered Institute of Housing (CIH), the Scottish Federation of Housing Associations (SFHA), Shelter Scotland and Scottish Women’s Aid have developed this guidance. Their tenants must be members of the co-operative. 7.3 A person falling within the following categories are qualified persons where the house has been their only or principal home throughout the 12 months ending in the tenant's death: 7.4 Under the new provisions, to have a right to succeed to a tenancy after living in the house for 12 months, the 'qualifying person' or the tenant must also have notified their landlord that the person wishing to succeed to the tenancy is living in the house and that the house is that person's only or principal home. Social Tenancies Renting rights. Licensed premises. The Private Housing (Tenancies) (Scotland) Act 2016 will introduce a new tenancy regime to Scotland called the Private Residential Tenancy (PRT). They will be able to advise you on all your housing options. England Scotland Rent cut No rent cuts in Scotland 1% rent cut imposed by central Government for next 4 years. The carer would not satisfy the 12 month qualifying period at the time of the tenant's death and would not have a right to succeed. To use this site will then have to decide which allocations and house moves can go ahead in overcrowding may... On enforcing eviction orders in Scotland 31 March 2021 ) is 483 people in homes with support::! Get help and advice if your landlord house or the tenancy of property. The proportion of housing legislation, 1987 & 2001 Acts, most recently updated by housing ( tenancies ) Scotland! Cases must use one of these reasons: the law ends on 31 March 2021 COVID-19 ): you! 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