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.
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.
There are a number of requirements that must be satisfied before a tenancy can be defined as a Scottish secure tenancy.
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.
There are statutory limitations on the ending of a Scottish secure tenancy.
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.
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.
The Housing (Scotland) Act 2001 provides a basis for repossession to transfer a tenancy.
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.
Possession actions for SSTs can be defended using Article 8 of the ECHR.
If it appears that a property has been abandoned, the landlord can begin the abandonment procedure to secure it and eventually regain possession.
Increases in rent and rent in advance in Scottish secure tenancies. These rules also apply to short Scottish secure tenancies.
There are a number of other rights that a Scottish secure tenant will have.
There are particular arrangements for assignation and exchanges of tenancy under a Scottish secure tenancy.
There are particular arrangements for succession under a Scottish secure tenancy.
There are particular arrangements that apply to tenants who wish to sublet and who have a Scottish secure tenancy.
Last updated: 29 December 2014
- Act of Sederunt (Summary Cause Rules) 2002
- Antisocial Behaviour etc. (Scotland) Act 2004
- Crime and Disorder Act 1998
- Housing (Scotland) Act 2001
- The Housing (Scotland) Act 2001 (Scottish Secure Tenancy etc.) Order 2002
- Human Rights Act 1998
- The Scottish Secure Tenancies (Abandoned Property) Order 2002
- The Scottish Secure Tenants (Compensation for Improvements) Regulations 2002
- The Scottish Secure Tenants (Right to Repair) Regulations 2002
- The Housing (Scotland) Act 2001 (Accommodation for Asylum-Seekers) Order 2002
- The Housing (Scotland) Act 2001 (Commencement No. 5, Transitional Provisions and Savings) Order 2002
- The Housing (Scotland) Act 2001 (Scottish Secure Tenancy etc.) Amendment Order 2002
- Civil Partnership Act 2004
- Legislation.gov.uk - Protection from Harassment Act 1997