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 times RTB will be abolished from 1st August 2016 Social housing provisions guidance planned for December 2015 Awareness raising sessions held and Guide for Tenants published

Housing (Scotland) Act 2014 1. Right to Buy 2. Social Housing 3. Private Rented Housing 4. Letting Agents 5. Mobile Home Sites with Permanent Residents 6. Private Housing Conditions 7. Miscellaneous 8. General

Housing (Scotland) Act 2014 Social housing provisions Supporting landlords to make the best use of social housing Giving landlords more tools to tackle antisocial behaviour Providing 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 processed Up 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 so Gives tenants time to think about options Guidance 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 policy Property 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 legislation A landlord may impose a minimum period before an applicant may receive an offer of housing Doesn’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 SSTs A 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 housing Antisocial 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 years No need for there to be a previous eviction for ASB or an ASBO Increase 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 simplified eviction process for certain cases where there has been a criminal conviction Conviction has to be for serious criminal or ASB behaviour in or around social housing and have a serious impact on neighbours/local community Has 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 accommodation Will give landlords more flexibility on usage Landlords 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 tenancy Tenants with short SSTs have a right to ask landlord to review a decision to pursue eviction action before the action is raised in court Tenants/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 Duties 1. 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