Converting from a short Scottish secure tenancy

In some cases a short Scottish secure tenancy will automatically convert to a Scottish secure tenancy. The landlord is obliged to inform a tenant that their tenancy will become a Scottish secure tenancy and the date that this takes effect. [1]

A conversion from a short Scottish secure tenancy can only occur where the tenancy was granted (or converted) on the following basis:[2]

• because the tenant had been evicted from a previous tenancy for antisocial behaviour

• because the tenant or someone living with them, or someone visiting the property has conducted themselves in an antisocial manner.

• because the tenant, or someone living with them, is the subject of an anti-social behaviour order. [3]

In these situations, the tenant will automatically be given a Scottish secure tenancy from the end of the relevant period.  

The landlord however can prevent this if they serve a notice for recovery of possession during or at the end of the relevant period

If the short Scottish secure tenancy has been given on any other grounds, there is no provision to convert it to a Scottish secure tenancy at any point. Where there is no provision to convert the tenancy, it will either remain a short Scottish secure tenancy as a result of tacit relocation or the landlord will end it at the ish by following the relevant procedures.

The service of a notice for recovery of possession would normally prevent the automatic conversion of a short Scottish secure tenancy to a Scottish secure tenancy. However, even if the landlord has served a notice for recovery of possession on the tenant, the tenancy may still convert to an Scottish secure tenancy at the end of the relevant period in particular circumstances.

If the notice expires before the landlord takes action, or the landlord withdraws the notice for recovery of possession, the tenancy will automatically become a Scottish secure tenancy at that point, or at the end of the relevant period if that is a later date. [4]

If the notice of recovery of possession has led to court proceedings and the tenant is successful in defending the action, s/he will also be entitled to a Scottish secure tenancy automatically. This will begin from the date that the action finally ends or at the end of the relevant period, if that is a later date. [5] Court action is deemed to have finally ended when the landlord has failed to lodge an appeal, the appeal is withdrawn or the court has decided the appeal. [6]

See the section on Ending a SSST for more information about challenging recovery of possession action.

The 'relevant period' is twelve months, or where the tenancy has been correctly extended, eighteen months. [7]

For information about extending the term of the tenancy see the section on security of tenure on the page Creating a SSST.