Support for tenants with short Scottish secure tenancies

The landlord must provide the support. [1] This applies whether the tenant was previously evicted for anti-social behaviour or s/he, or someone living with them, is the subject of an antisocial behaviour order but has not been evicted.

The aim is to enable the tenant to move towards a Scottish secure tenancy, whether this occurs at the end of the initial six-month short Scottish secure tenancy lease or automatically at the end of twelve months. The landlord should make clear that the short Scottish secure tenancy is being granted because of certain behaviour and that it will convert to an Scottish secure tenancy in 12 months, or that the landlord will offer a full Scottish secure tenancy before that time providing the behaviour is altered. Landlords should make sure that the support it considers appropriate to enable conversion to a Scottish secure tenancy is linked to its stated objectives in granting a short Scottish secure tenancy. [2]

A broad definition of what is meant by support is given in the legislation [3] and regulations give more detail. [4] The type of support envisaged may include counselling on alcohol, debt or family problems and could involve the social work department. [5]

If a tenant refuses the support offered by the landlord, s/he may still be offered a short Scottish secure tenancy on the condition that the antisocial behaviour ceases. However, the landlord is obliged to offer support and may therefore make it a condition of the tenancy offer that the tenant agrees to make use of this.

If the tenant does not wish to accept a tenancy with support, s/he can appeal against the offer of a short Scottish secure tenancy.

The landlord continues to have the option of beginning possession proceedings on the ground of antisocial behaviour.