Scottish Secure Tenancy Changes 2019

Scottish Housing Law has changed recently. This could affect you and your family for example if you do not tell us who is living with you, they might be allowed to carry on living in your house if you die. You can find more details about this below. Please ask us if you have any question or query about this. 

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

All tenants have a Scottish secure tenancy agreement with us.  The Housing (Scotland) Act 2014 will make changes to Scottish secure tenancy rights.

Some come into effect on 1 May 2019 and others from 1 November 2019.  In October 2018 the Association wrote to all tenants informing them of the changes ahead

From 1 May 2019, there are additional new grounds for how a Scottish Secure Tenancy can be ended or changed if there has been serious anti-social behaviour or criminal offence in or around your property.We will be entitled to seek a court order to end a tenancy of an adapted property that is not being occupied by anyone who needs the adaptation.

In these circumstances we will offer you suitable alternative accommodation and you would have the right to challenge the decision.

From 1 November 2019, significant changes will be introduced to the rules which govern the following situations:

  • adding someone to your tenancy (joint tenant)
  • transferring your tenancy to someone else (assign your tenancy)
  • subletting your property
  • who can take over your tenancy after you die (succession)
  • members of your household (including children and carers) will be subject to a new 12-month qualifying period in connection with these changes. The qualifying period will only begin once we have received notification from you in writing that they are living there. This is particularly important if someone has given up their own home to move in with you to care for you.  
  • household Details

To ensure that your tenancy rights are protected 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).