Converting to a short Scottish secure tenancy
This section explains the process which can be used by a landlord to convert a full Scottish secure tenancy to a short Scottish secure tenancy.
Antisocial behaviour orders
If a tenant, or anyone living with them, is the subject of an anti-social behaviour order (ASBO),[1] under:
section 234AA of the Criminal Procedure (Scotland) Act 1995 ; or
section 4 of the Antisocial Behaviour etc. (Scotland) Act 2004
the landlord is entitled to convert the tenant's tenancy to a short Scottish secure tenancy. [2] s.35(1)-(2) Housing (Scotland) Act 2001 ]
This does not apply if the tenant has only received an interim antisocial behaviour order prior to a full court hearing. In addition, landlords should not exercise their power if the behaviour that led to an ASBO is either unrelated to the tenancy, or committed out with the vicinity of the accommodation.[3]
Acting in an antisocial manner
From 1st May 2019 a landlord may also convert a tenancy to a Scottish short secure tenancy if: [4]
the tenant; or
persons living with them; or
persons visiting the tenancy
have acted in an antisocial manner in the last three years.
More detailed definitions of the terms used to define this are detailed in the legislation.[5]
Alternative measures
The landlord is not obliged to convert the tenancy to a short Scottish secure tenancy if an ASBO has been granted. The tenant could instead face repossession proceedings and possible eviction. For more information on the grounds for raising an action for recovery of possession, please see the section on ending a Scottish secure tenancy.
Procedure for converting to a short Scottish secure tenancy
A landlord intending to convert the tenancy to a short Scottish secure tenancy must serve a notice on the tenant telling them that the tenancy is changing and naming the person who is subject to the order or has acted in an antisocial manner [6]
The notice can be served by delivering it to the person, leaving it at their last known address or by sending it to that address by recorded delivery. [7]
Where a tenancy is created on this basis the landlord must provide support. See the section support for tenants with SSSTs.
Succession rights
No person can succeed to the tenancy while the short Scottish secure tenancy is in force. [8]
Right to appeal
The tenant can use the summary cause procedure in the sheriff court to challenge the conversion of their tenancy. [9] The court can grant an order that reinstates the Scottish secure tenancy if it considers there are grounds to do so. A client requiring assistance with this should be referred to a solicitor.
At the end of the initial term
The tenancy will have an initial term of twelve months. If the landlord wants to end the tenancy at the end of this twelve month period they may do so if they use the correct procedure. See the section on Ending a SSST.
Alternatively the landlord may serve a notice extending the term for a further six months. The notice must be served two months prior to the ish date. The notice must state the reasons for the extension and the tenant must be in receipt of support services. [10]
If action is not raised to end the tenancy then it will automatically convert back to a Scottish secure tenancy at the end of twelve months (or eighteen months if an extension has been granted). See the section Converting from a SSST for more information.
Last updated: 29 April 2019