Housing (Scotland) Act 2014

Housing (Scotland) Act 2014

Social Housing Provisions

Housing (Scotland) Act 2014

Act received Royal Assent on 1 August 2014

Provisions will be commenced at different timesRTB will be abolished from 1st August 2016Social housing provisions guidance planned for December

2015Awareness raising sessions held and Guide for Tenants published

Housing (Scotland) Act 2014

1.

Right to Buy2. Social Housing3. Private Rented Housing4. Letting Agents

5. Mobile Home Sites with Permanent Residents6. Private Housing Conditions7. Miscellaneous8. General

Housing (Scotland) Act

2014Social housing provisions

Supporting landlords to make the best use of social housingGiving landlords more tools to tackle antisocial behaviourProviding further protection for tenants, particularly tenants with short SSTs, by strengthening their rights in a number of ways

Clarifying existing legislation on how short SSTs operate.

Right

to Buy

RTB will end for all tenants of social housing in Scotland on 1 August 2016

Applications submitted before end date will continue to be processedUp to 15,500 social housing houses protected

Right to Buy-2 Year Notice Period

Strikes a balance between need to protect homes as soon as possible and give tenants a reasonable period to

exercise their RTB if they choose to do soGives tenants time to think about optionsGuidance for tenants issued

Social Housing - Allocations

Changes to Reasonable Preference

Categories when allocating housing:Applicants who must be given reasonable preference:People who are homeless or threatened with homelessness and who have unmet housing needs;People living under unsatisfactory housing conditions and who have unmet housing needs;

Social housing tenants who are under-occupying

Social Housing - Allocations

Landlords must consult

on changes to their allocations policyProperty Ownership/value of property can be taken into account in

allocations – except:where the owner cannot secure entry to the property or

where

doing so would put

the

owner at risk of abuse

or

-

where

it would endanger their health.

Social Housing -

Suspensions

Sets existing practice in legislationA landlord may impose a minimum period before an applicant may receive an offer of housingDoesn’t apply to homeless applicants where local authorities have a duty

Applicant may appeal to the sheriff

Short

Scottish Secure Tenancies

More flexibility for landlords around use of Short

SSTsA new Short SST for antisocial behaviour providing an additional

‘

tool’ to help landlords

address

ASB

New Short SST for homeowners – gives landlords flexibility to provide a temporary let to

a homeowner in particular circumstances

Short SST for Home Owners

Short SST for a temporary let can be given to a

home owner who cannot live in their own home For example where: - adaptations are being carried out to the

property to enable the home owner and family to live in it - repairs are being carried out to make the property

habitable

Allows the

home owner

to make arrangements

for access

Antisocial Behaviour

The Act gives landlords more tools to tackle antisocial behaviour by allowing for:

Previous antisocial behaviour to be taken into account in the allocation of housingAntisocial tenants to be given a Short Scottish Secure Tenancy

The introduction of a simplified eviction process where a criminal conviction is given for behaviour that affects their community

Short SSTs for Antisocial Behaviour Key Changes

Short SST can be given where the landlord has evidence of

ASB within the previous 3 yearsNo need for there to be a previous eviction for

ASB or an ASBOIncrease in initial term of short SST from 6 to 12 months (

ASB

cases only

)

Short SST for

ASB

will convert to full SST at end of 12 months

unless

action taken to evict tenant or extend short SST for further one-off period of 6

months

Landlords must provide reasons for conversion to

SSST

Short SSTs for

ASB – Key Changes

One-off extension of 6 months can only be made where tenant is in receipt of housing support services

Eviction process strengthened: - Has to have been a breach of tenancy;

-

Landlords

will have to specify the alleged breach

in the

Notice of

Proceedings;

-

Tenant

can ask landlord to review decision to

serve

Notice of

Proceedings.

Eviction – Criminal Convictions

New s

implified eviction process for certain cases where there has been a criminal convictionConviction has to be for serious criminal or

ASB behaviour in or around social housing and have a serious impact on neighbours/local communityHas to be a conviction

for using house illegally or for an offence punishable by imprisonment committed in or in locality of

house

Tenant

has a right

to

challenge court action

Eviction – Special Need Houses

Minor change made to grounds for recovery of possession of “special needs” houses

Recovery will now be allowed even if house originally let to person/family who did not have the “special needs” which required that accommodationWill give landlords more flexibility on usageLandlords need to provide alternative accommodation

Protection for tenants/applicants

Landlords must give tenants reasons for converting their tenancy to a Short SST

Landlords must give reasons for seeking repossession of their tenancyTenants with short SSTs have a right to ask landlord to review a decision to pursue eviction action before the action is raised in courtTenants/applicants who have been suspended can appeal to the sheriff court

Assignation, Subletting

and Joint Tenancies

New rules intended to help make better use of limited social housing 12 month residency requirements for assignation, subletting and joint tenancies

New notification requirement - proposed assignee, subtenant or joint tenant must have notified landlord when the house became their only or principal home (prior notification by tenant also counts)

Additional Reasons to Refuse Assignations

Two

new reasons for refusing assignations added: If proposed assignee is not a person who would get “reasonable preference” in normal allocation If assignation would lead to house being “under occupied”

Succession

Qualifying period for partner/civil partner extended from 6 months to 12 months

New qualifying period of 12 months occupancy prior to tenant's death for family members/carers Person claiming succession must also

have notified landlord when the house became their only or principal home (

notification by tenant also counts

)

Landlords can continue to use discretion in

allocation

policies where there are

exceptional circumstances

Changes to

SHR’s Powers

and Duties1. The general duty on SHR to consult tenants or lenders before

directing a transfer of RSL assets will not apply if:

RSL

viability in jeopardy for financial reasons;

and

Anyone could take a step to make

RSL

insolvent;

and

Direction would substantially reduce risk of such a step;

and

There was insufficient

time to consult and make the direction.

2.

SHR

cannot agree to

an

RSL

becoming

a subsidiary

of other

body

unless

the tenants

of

the

RSL

have been consulted

by

ballot