The landlord is a local authority, RSL or Scottish Water

This section looks at the status of a tenant of a local authority, registered social landlord or Scottish Water, and who occupies the accommodation as part of the contract of employment and for the better performance of their duties.

This content applies to Scotland

Employees rights from the secure tenancy regime

If a local authority, RSL or Scottish Water lets a property to an employee as part of the contract of employment and for the better performance of their duties, a Scottish secure tenancy will not have been created. [1] The employee will have a service occupancy, but will also have some rights conferred by the Scottish secure tenancy regime. [2] Occupancy in the property does not have to be essential for the performance of the employee's duties, just for the better performance of the duties. [3]

Written agreement

The landlord must supply the employee with a written tenancy agreement stating the terms of the occupancy. [4] The terms of the agreement cannot be varied other than by written agreement between the landlord and the employee unless it refers to rent increases. [5] If the landlord and employee cannot agree it is possible for either party to make an application to the court for an order varying the terms of the occupancy. [6] If the landlord wishes to increase the rent they must give the employee written notice at least four weeks before the rent increase takes place. [7]

Repairs

The landlord must ensure that the property is wind and watertight and fit for human habitation before the occupancy commences and throughout the occupancy. Repairs must be carried out within a reasonable time of the problem being notified to the landlord. The landlord can enter the property at any reasonable time to inspect the property and carry out necessary repairs if s/he gives the employee 24 hours' written notice. [8]

Right to buy

As a Scottish secure tenancy will not have been created, the employee will not have the right to buy.

Service occupancy

For more information about the employee's security of tenure, please see the section on service occupancy.

Last updated: 29 July 2021

Footnotes

  • [1]

    sch. 1, para 1 Housing (Scotland) Act 2001

  • [2]

    s.39 Housing (Scotland) Act 2001

  • [3]

    McAuslane v The Highland Council 2004 Hous. L.R. 2

  • [4]

    s.23 (1) Housing (Scotland) Act 2001

  • [5]

    s.24 Housing (Scotland) Act 2001

  • [6]

    s.26 Housing (Scotland) Act 2001

  • [7]

    s.25 Housing (Scotland) Act 2001

  • [8]

    s.27 Housing (Scotland) Act 2001