Regulations made under Section 32A of the Housing (Scotland) Act 1987

Shelter agrees, in principle, that there might be greater use of the private rented sector
(PRS) by allowing local authorities, in some circumstances, to discharge their statutory
duty to households who are homeless into a private let. We believe that this is an
important additional means to achieve the 2012 target and, if used well, is consistent
with greater applicant choice.

• We agree that use of this power should be limited by criteria designed to ensure that
that homeless households are making an informed choice in accepting a private
tenancy. It is important that affordability, and support needs are taken into account and
management and repair standards are met within the tenancy. However, we think it is
unlikely that these criteria can be satisfactorily assessed before the tenancy has
commenced.

• Shelter does not think that the housing needs of homeless households can be met
within a 12 month Short Assured Tenancy (SAT). A minimum fixed period of two years
should be provided to enable tenants to feel secure and to become settled.

• We propose that to enable an accurate and meaningful assessment of the suitability of
the tenancy and to ensure that tenants are given sufficient security of tenure,
discharge of duty should be delayed until after the satisfactory completion of a review
following an initial six-month tenancy period.

• Following an initial six-month SAT, the local authority should review affordability,
management standards, repair, and any ongoing support needs. The review should
also seek views from the tenant and the landlord about the tenancy. If the review
concludes that the private sector tenancy is appropriate and the tenant gives informed
consent, the local authority should negotiate a longer (minimum two year) fixed term
tenancy with the landlord before discharging duty. Otherwise, the local authority would
continue to have a duty to accommodate the tenant in a different private sector
tenancy or in social rented housing.

• We have suggested ways in which the requirements on affordability, support and
informed consent can be strengthened practicably. We believe that it is wrong to omit
minimal physical standards and that all landlords with whom homeless households are
being housed should meet national core standards.

• We see the amended regulations as a short-term measure designed to address
immediate concerns about capacity to meet 2012. In the medium term (i.e. over the
term of this parliament) we look to a new housing bill to revamp private sector tenancy
law to give additional tenancy options, which promote longer term security.