Creating a SSST

A tenant who has a short Scottish secure tenancy has limited security of tenure, and there can be no succession to the tenancy. [1] A short Scottish secure tenancy can only be offered in specific circumstances and tenants have no right to request this. It is the landlord's decision whether to offer a short Scottish secure tenancy to some tenants if the relevant conditions prevail.

The offer of a short Scottish secure tenancy can only be made if:

• all the conditions for the creation of a Scottish secure tenancy are met, for example the landlord is a local authority or registered social landlord and the house will be the tenant's only or principal home [2]

• the tenancy will run for at least six months

• the prospective tenant has received a notice from the landlord advising them that a short Scottish secure tenancy is what s/he will be offered.

The notice must identify the reason that the tenant is being offered a short Scottish secure tenancy and the length of the lease. [3]

A short Scottish secure tenancy can only be created in the following specific circumstances: [4]

• The prospective tenant has been evicted from a previous tenancy in the last three years on the grounds of anti-social behaviour. The landlord must make sure that support services are available to the tenant that would help them to convert to a Scottish secure tenancy at a later date.[5]

• The prospective tenant, or anyone who will be living with them, is subject to an anti-social behaviour order. The landlord must make sure that support services are available to the tenant that would help them to convert to a Scottish secure tenancy at a later date. [6]

• The prospective tenant or anyone living with or who has visited the prospective tenant has acted in an antisocial manner in the three years prior to the offer of the tenancy. The terms defining this are explained more fully in the legislation. [7] The landlord must make sure that support services are available to the tenant that would help them to convert to a Scottish secure tenancy at a later date.

• The tenancy is let on a temporary basis to someone moving into the area to take up work and to allow them to find accommodation.

• The tenancy is let on a temporary basis pending development that affects the property. The Town and Country Planning (Scotland) Act defines what is meant by 'development'. [8]

• The tenancy is let on a temporary basis for at least six months to someone who is homeless.

• The landlord does not own the property and the lease prevents the landlord from offering a Scottish secure tenancy.

• The tenancy is let on a temporary basis where a person owns a home, pending arrangements for the property (for example sale or adaptations to allow housing needs to be met). This should not be used where the need for social housing is permanent or long-term and where social housing is the most suitable housing option given the circumstances of the household. [9]

• The tenancy is let to a person to whom no other paragraph of the schedule applied and who is in receipt of a housing support service

Scottish Ministers have the power to amend this list. [10]

All short Scottish secure tenancies must have an initial term of at least six months. [11]

In all  cases if the landlord wants to end the tenancy at the end of the the initial term they may do so if they use the correct procedure. See the section on Ending a SSST.

Tenancy granted due to eviction or antisocial behaviour

Where a tenancy has been offered (or converted) due to eviction or antisocial behaviour the initial term will be twelve months. [12] 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. [13]

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 was granted). See the section Converting from a SSST for more information.

Tenancy granted for other reasons

If the landlord does not use the procedure to end the tenancy the tenancy will continue via tacit relocation [14]

A prospective tenant who is offered a short Scottish secure tenancy can apply to the sheriff court for an order requiring the landlord to grant them a Scottish secure tenancy. [15] The client should be referred to a solicitor experienced in housing law.