Scottish secure tenancies

This section deals with the law concerning the Scottish secure tenancy. It looks at the definition of a Scottish secure tenancy, how this can be brought to an end, abandonment procedures and other rights of a Scottish secure tenant.

Introduction

From 30 September 2002, the Scottish secure tenancy replaced the previous system of secure and assured tenancies for tenants whose landlord is a local authority or registered social landlord. 

What is a Scottish secure tenancy

There are a number of requirements that must be satisfied before a tenancy can be defined as a Scottish secure tenancy. 

Tenancies that cannot be SSTs

There are a number of tenancies that are specifically excluded from the Scottish secure tenancy regime, even if they would otherwise meet the criteria to establish such a tenancy. 

Ending a Scottish secure tenancy

There are statutory limitations on the ending of a Scottish secure tenancy. 

Repossession grounds - conduct

The first seven grounds for repossession are collectively known as 'conduct' grounds. This is because the landlord's reason for seeking an order for recovery of possession is associated with the conduct of the tenant or someone living with her/him. 

Repossession grounds - management

There are a number of grounds for possession that are collectively known as 'management' grounds. These are the grounds under which a court will order possession if other suitable accommodation is available. 

Repossession ground - tenancy transfer

The Housing (Scotland) Act 2001 provides a basis for repossession to transfer a tenancy. 

Repossession action procedures

A landlord is entitled to seek possession under one of the specified grounds but to do this there are procedural requirements that must be complied with. 

Repossession of SSTs and article 8 of the ECHR

Possession actions for SSTs can be defended using Article 8 of the ECHR. 

Abandoning a tenancy

If it appears that a property has been abandoned, the landlord can begin the abandonment procedure to secure it and eventually regain possession. 

Rent

Increases in rent and rent in advance in Scottish secure tenancies. These rules also apply to short Scottish secure tenancies. 

Other rights

There are a number of other rights that a Scottish secure tenant will have. 

Assignation and exchanges

There are particular arrangements for assignation and exchanges of tenancy under a Scottish secure tenancy. 

Succession

There are particular arrangements for succession under a Scottish secure tenancy. 

Subletting

There are particular arrangements that apply to tenants who wish to sublet and who have a Scottish secure tenancy.