Provisions to enable the Short SST to There is a new duty to have regard to be used where an applicant is an owner the local local housing and requires a short term housing authority’s strategy, and to any Scottish solution (see below under Social sector Government guidance, when reviewing tenancies) will also be useful in this allocations priorities. The new scenario. requirement for landlords to have regard to local housing strategies is important, The new provisions should enable particularly in relation to partnership responsible landlords to get the balance working with local authorities on right excluding applicants who quite – ensuring access to suitable housing for simply need social housing, but don’t homeless people. Equally, without resorting to blanket exclusions housing associations will of people who own property but who want local authorities to respect their may also still have a legitimate need for role in meeting housing needs in their social housing. local communities. Suspensions Under existing law suspending someone from receiving an offer of Taking property ownership into account housing has not been illegal, but the Act clarifies the position by setting down the Existing legislation is amended to allow circumstances in which this can be social landlords to take ownership of done (the provisions do not apply where property into account when deciding a homelessness duty is being met): rehousing priority and allocating social housing. This would apply to the Past anti social behaviour in the housing applicant, members of their vicinity of the house current household, and other people Harassment of others who are included in their housing Anti social behaviour towards a application. social landlord’s employees when applying for housing However, the Act specifies that property Using a house for immoral or ownership cannot be taken into account illegal purposes or offences where the owner cannot secure entry to punishable by imprisonment that the property they own and in cases were committed in the vicinity of where occupation of the owned property the house could result in some form of abuse. An order for recovery of Landlords do of course have discretion possession, anywhere in the UK to disregard property ownership in other Repossession of an abandoned circumstances as they see fit. tenancy in Scotland
There is a new duty to have regard to the local authority’s local housing strategy, and to any Scottish Government guidance, when reviewing allocations priorities. The new requirement for landlords to have regard to local housing strategies is important, particularly in relation to partnership working with local authorities on ensuring access to suitable housing for homeless people. Equally, housing associations will want local authorities to respect their role in meeting housing needs in their local communities. Taking property ownership into account Existing legislation is amended to allow social landlords to take ownership of property into account when deciding rehousing priority and allocating social housing. This would apply to the housing applicant, members of their current household, and other people who are included in their housing application. However, the Act specifies that property ownership cannot be taken into account where the owner cannot secure entry to the property they own and in cases where occupation of the owned property could result in some form of abuse. Landlords do of course have discretion to disregard property ownership in other circumstances as they see fit. Provisions to enable the Short SST to be used where an applicant is an owner and requires a short term housing solution (see below under Social sector tenancies) will also be useful in this scenario. The new provisions should enable responsible landlords to get the balance right – excluding applicants who quite simply don’t need social housing, but without resorting to blanket exclusions of people who own property but who may also still have a legitimate need for social housing. Suspensions Under existing law suspending someone from receiving an offer of housing has not been illegal, but the Act clarifies the position by setting down the circumstances in which this can be done (the provisions do not apply where a homelessness duty is being met): Past anti social behaviour in the vicinity of the house Harassment of others Anti social behaviour towards a social landlord’s employees when applying for housing Using a house for immoral or illegal purposes or offences punishable by imprisonment that were committed in the vicinity of the house An order for recovery of possession, anywhere in the UK Repossession of an abandoned tenancy in Scotland