1. Housing (Scotland) Act 2014
Social Housing Provisions

2. 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

3. 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

4. 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.

5. 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

6. 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

7. 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

8. 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.

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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.

15. 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

16. 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

17. 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

18. 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)

19. 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”

20. 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

21. 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