SST for anti social behaviour or demote Repossession of a tenancy in an existing tenancy to a Short SST. Scotland on the grounds of Currently, this applies only to a tenant damage to the property or applicant who has been evicted for Rent arrears above a certain anti social behaviour or subject to an level ASBO in the last three years. The Bill Deliberately providing false makes a number of changes: information as part of a housing application The ASBO provision will now Refusal of offers of housing, apply to a tenant, joint tenant, where the landlord considers the member of the household, refusal to be unreasonable. lodger, sub tenant or visitor A Short SST can be given (to a The Act allows but – doesn’t require – tenant, joint tenant, member of the Scottish Government to set down in the household, lodger, sub tenant regulations (a) the maximum period for or visitor) for a much wider range which someone can be suspended, and of ASB i.e. any ASB or (b) how far back a landlord can go in – harassment towards someone in considering previous behaviour. There the area may be some worries about trying to The minimum period for a Short legislate for the latter: landlords SST for ASB is to be 12 rather generally accept the principle of than six months, extendable to recognising that people can change 18 months their behaviour over time and should not be penalised unduly for previous Clarification that for any Short misconduct, but to put a specific time SST for ASB, at the end of the 12 period into law could be seen as very or 18 month period the tenancy inflexible. converts automatically to a full SST if the landlord has not taken The Act introduces a new right of action to end the tenancy appeal to the court for applicants Clarification that the tenant must aggrieved at being suspended. receive a notice at least two months before expiry of the Short The Scottish Government is likely to SST either ending or (in the case produce and consult on guidance on of a 12 month tenancy) extending suspensions. it to 18 months Clarification that the court must 4 Social sector tenancies make a repossession order where the Short SST is being ended by the landlord Short SST for anti social behaviour Landlords must have regard to any Scottish Government The Act widens the circumstances in which landlords can either give a Short
Repossession of a tenancy in Scotland on the grounds of damage to the property Rent arrears above a certain level Deliberately providing false information as part of a housing application Refusal of offers of housing, where the landlord considers the refusal to be unreasonable. The Act allows – but doesn’t require – the Scottish Government to set down in regulations (a) the maximum period for which someone can be suspended, and (b) how far back a landlord can go in considering previous behaviour. There may be some worries about trying to legislate for the latter: landlords generally accept the principle of recognising that people can change their behaviour over time and should not be penalised unduly for previous misconduct, but to put a specific time period into law could be seen as very inflexible. The Act introduces a new right of appeal to the court for applicants aggrieved at being suspended. The Scottish Government is likely to produce and consult on guidance on suspensions. 4 Social sector tenancies Short SST for anti social behaviour The Act widens the circumstances in which landlords can either give a Short SST for anti social behaviour or demote an existing tenancy to a Short SST. Currently, this applies only to a tenant or applicant who has been evicted for anti social behaviour or subject to an ASBO in the last three years. The Bill makes a number of changes: The ASBO provision will now apply to a tenant, joint tenant, member of the household, lodger, sub tenant or visitor A Short SST can be given (to a tenant, joint tenant, member of the household, lodger, sub tenant or visitor) for a much wider range of ASB – i.e. any ASB or harassment towards someone in the area The minimum period for a Short SST for ASB is to be 12 rather than six months, extendable to 18 months Clarification that for any Short SST for ASB, at the end of the 12 or 18 month period the tenancy converts automatically to a full SST if the landlord has not taken action to end the tenancy Clarification that the tenant must receive a notice at least two months before expiry of the Short SST either ending or (in the case of a 12 month tenancy) extending it to 18 months Clarification that the court must make a repossession order where the Short SST is being ended by the landlord Landlords must have regard to any Scottish Government
Housing-Act-Guide-final-20-August.docx