Other rights of Scottish secure tenants
There are a number of other rights that a Scottish secure tenant will have.
Right to a written tenancy agreement
Scottish secure tenants have a right to a written lease. It is the duty of the landlord to provide this [1] and the tenant must be supplied with a copy free of charge. [2] The Scottish Government has issued a model Scottish secure tenancy agreement that may be used by landlords as a basis for such tenancies.
Right to information
Prior to the creation of a Scottish secure tenancy, the landlord must supply a prospective tenant with information about their right to buy and what this will mean for them in relation to the responsibility of owning a home. This includes information on repairs and the possible consequences of mortgage arrears. [3]
Once the tenancy has been created the landlord must supply information to the tenant on any changes to the right to buy provisions that may impact upon their rights, [4] and the landlord's complaints procedure. [5]
In addition, if a tenant requests it, the landlord must also provide information on:
the terms of the tenancy
the rent and charges policy of the landlord
admission to the housing list, allocations, transfers, exchanges, repairs and maintenance
how the right to buy provisions affect the tenant and their obligations if they exercise any right to buy
the landlord's tenant participation strategy, if the landlord is a local authority or registered social landlord only
the landlord's decision making structures such as committees and consultation procedures. [6]
Right to repair
The landlord has an obligation to ensure that a property let under a Scottish secure tenancy is wind and watertight and reasonably fit for human habitation and remains so throughout the tenancy. [7]
Where any work is required on the property to maintain it in this condition, it must be carried out within a reasonable time. The landlord must make good any damage, which results from the work. [8]
In the case of Robb v Dundee City Council, a tenant had taken action against her landlord using the provisions of the Environmental Protection Act 1990 (EPA). Her property suffered from condensation, dampness and mould. Although the court held that the condition of the property constituted a statutory nuisance under the EPA, it was also held that the landlord was not responsible for this. The problem was the tenant's inability to pay for sufficient heating and not inadequate heating facilities. [9]
There are provisions for a tenant to have essential repairs carried out within a maximum time, and for compensation where this does not occur. [10] Landlords must inform tenants in writing at least once a year of the regulations in relation to essential repairs. [11]
If the repair cannot be carried out within the timescale because of exceptional circumstances beyond the landlord's, or the contractor's, control, the timescale will not apply. The tenant must be informed of this. [12]
Right to compensation for work carried out on the property
Where a tenant, with the consent of the landlord, has carried out improvement work to their property, s/he can be compensated for this at the end of the tenancy. [13] There are specific regulations, which set out work that qualifies, the amount of compensation, circumstances where compensation will not be paid and a disputes procedure. [14]
Right to buy
The Right to Buy was abolished in November 2014 [15]
Prior to this date many Scottish secure tenants had the right to buy their home at a discounted rate which was based upon the length of their time as a tenant of a relevant landlord.
Creation of joint tenancy
A tenant may request that a person (or persons) be added to their tenancy to create a joint tenancy. This request should be made in writing and the landlord should not unreasonably refuse consent. [16]
From 1 November 2019 there will be a requirement that the proposed joint tenant must have resided in the tenancy as their only or principal home throughout the previous twelve month period and the landlord must have been notified of this.
Variation of Scottish secure tenancy
The contractual terms of a Scottish secure tenancy can only vary where:
there is a written agreement between the landlord and tenant, including all joint tenants
there is an increase in rent or charges, and the correct notice has been given to the tenant
there is a court order. [17]
Variation by court order
If a landlord wishes to change any term or condition of a Scottish secure tenancy and the tenant disagrees, the landlord can apply to the court to have the change inserted. [18]
If a tenant wishes to change a tenancy term, this must be one that places restrictions on their use or enjoyment of the property, for example, where the keeping of pets is prohibited. The wish to change a term must be because the term:
is no longer reasonable or appropriate
places a burden on the tenant which is much more than any benefit that could be obtained
is one that does not allow the tenant to make reasonable use of the property. [19]
If the landlord does not agree to the change, the tenant can apply to the court to have the change inserted.
The court is entitled to make any order that it thinks is reasonable to change a term in the tenancy contract. The only terms that cannot be altered by the court are those that relate to rent or other charges. [20] In making an order, the court must take account of safety considerations and the chances of any damage being done to the property. [21]
Last updated: 13 May 2019