The current six month qualifying period for possession of drugs) did not result in for co-habiting couples who are not anti social behaviour affecting spouses or civil partners is increased neighbours or others in the community. from six to 12 months. Level 2 and 3 successors family members and Recovery of possession of adapted – carers will have to meet a new 12 property – month qualifying period. There is a minor but helpful change In all cases the landlord would have to here. Currently, when a landlord has let have been notified (by the tenant or an adapted property to a household prospective successor) that the person which need the adaptation, it doesn’t was living in the property. can recover possession of it (to offer it to a disabled household) only if the Note: As now, all the above qualifying existing household requires ‘no longer’ requirements around succession and the adaptations. The amendment in the assignation etc. are about the Act means that this ground can now tenant’s rights. Landlords will continue to have apply equally in the case of households discretion to reduce or waive these who have never required the requirements where they are satisfied adaptations. As now, the duty to offer that the circumstances are genuine and suitable alternative accommodation not This discretion applies in such cases. ‘queue jumping’. accords with previously GWSF’s 5 Scottish Housing Regulator expressed preference for a six rather than 12 month qualifying period. powers RSL insolvency – Eviction after conviction The Act specifies four tests which need to be met before the SHR can set aside There is to be a requirement that a court the normal requirement for it to consult grants an order for possession made by an tenants and lenders before RSL’s a landlord within 12 months of a directing a transfer of its assets. The for using the tenant’s conviction four tests are: property for illegal or immoral purposes or for an offence punishable by The viability is in jeopardy RSL’s imprisonment committed in, or in the for financial reasons vicinity, of the house. The Scottish There is a risk of someone taking Government will produce and consult on steps to have the RSL declared guidance on these provisions. insolvent A direction to transfer assets Whilst this speedier route to recovery would substantially reduce the after conviction is welcome, landlords likelihood of someone taking are likely to want to exercise discretion where, for example, a conviction (e.g.
The current six month qualifying period for co-habiting couples who are not spouses or civil partners is increased from six to 12 months. Level 2 and 3 successors – family members and carers – will have to meet a new 12 month qualifying period. In all cases the landlord would have to have been notified (by the tenant or prospective successor) that the person was living in the property. Note: As now, all the above qualifying requirements around succession and assignation etc. are about the tenant’s rights. Landlords will continue to have discretion to reduce or waive these requirements where they are satisfied that the circumstances are genuine and not ‘queue jumping’. This discretion accords with GWSF’s previously expressed preference for a six rather than 12 month qualifying period. Eviction after conviction There is to be a requirement that a court grants an order for possession made by a landlord within 12 months of a tenant’s conviction for using the property for illegal or immoral purposes or for an offence punishable by imprisonment committed in, or in the vicinity, of the house. The Scottish Government will produce and consult on guidance on these provisions. Whilst this speedier route to recovery after conviction is welcome, landlords are likely to want to exercise discretion where, for example, a conviction (e.g. for possession of drugs) did not result in anti social behaviour affecting neighbours or others in the community. Recovery of possession of adapted property There is a minor but helpful change here. Currently, when a landlord has let an adapted property to a household which doesn’t need the adaptation, it can recover possession of it (to offer it to a disabled household) only if the existing household ‘no longer’ requires the adaptations. The amendment in the Act means that this ground can now apply equally in the case of households who have never required the adaptations. As now, the duty to offer suitable alternative accommodation applies in such cases. 5 Scottish Housing Regulator powers – RSL insolvency The Act specifies four tests which need to be met before the SHR can set aside the normal requirement for it to consult an RSL’s tenants and lenders before directing a transfer of its assets. The four tests are: The RSL’s viability is in jeopardy for financial reasons There is a risk of someone taking steps to have the RSL declared insolvent A direction to transfer assets would substantially reduce the likelihood of someone taking
Housing-Act-Guide-final-20-August.docx