From today, Friday 1st November 2019, there are some important changes in relation to Social Housing in Scotland. Tenancies in the social sector are either Scottish Secure Tenancies (SST’s) or Short Scottish Secure Tenancies (SSST’s). Patten & Prentice act for several local Housing Associations and other Registered Social Landlords and we have been assisting them in implementing the changes. They relate to the procedures for assignation, subletting, joint tenancies and succession. The key points are as follows: –
- Before a tenant can assign their home, the house must have been their only or principal home for at least 12 months (previously there was no qualifying period). The person they wish to pass their tenancy to must also have lived in the property for 12 months.
- Before a tenant can sublet all or part of their home, they must have been a tenant at that property for 12 months (again, previously there was no qualifying period).
- To succeed to a tenancy on death there is a new 12 month qualifying period and an obligation to notify your landlord before certain categories of persons become entitled to succeed. There is no qualifying period for spouses, civil partners and joint tenants, provided it was the person’s only or principal home at the time of the tenant’s death.
For detailed guidance on the changes from the Scottish Government follow this link: https://www.gov.scot/publications/scottish-secure-short-scottish-secure-tenancies-assignation-subletting-joint-tenancies-succession-guidance-social-landlords/pages/2/. If you have any questions in relation to Social Housing or Private Residential Tenancies please contact Ken Caldwell at kenc@patten.co.uk.
