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Short Scottish Secure Tenancies: When can they be used?

Short Scottish Secure Tenancies: When can they be used?

The vast majority of tenancies offered by Registered Social Landlords in Scotland are Scottish Secure Tenancies (SST). However, in some specific circumstances, landlords are able to offer tenants Short Scottish Secure Tenancies (SSST) instead. A SSST is a tenancy that lasts for a specified period of time (not less than six months) and can be terminated in certain circumstances upon reaching its end date. Tenants with SSSTs have fewer rights than those with SSTs and have less security of tenure.

Landlords can offer SSSTs to tenants in a number of different circumstances which include the following:

Anti-social Behaviour Orders (ASBOs) and/or Previous Eviction for Antisocial Behaviour (in the last three years)

Where a tenant is subject to an ASBO or has been evicted in the last three years due to antisocial behaviour, a landlords can offer that tenant a SSST.

This SSST will last initially for a period of twelve months, with the landlord having a duty to provide such housing support services as are needed to enable the tenancy to convert to a SST at its conclusion. This SSST can be extended for a further period of six months where housing support is in place and sufficient improvement in the behaviour has not yet been demonstrated. If no action is taken to extend the SSST then it will automatically convert to a SST.

New Tenancy Where Tenant Has Exhibited Antisocial Behaviour (in the last three years)

This is available to landlords where they have evidence from the previous landlord, or another reliable source such as the police, of the tenant behaving in an antisocial manner within the last three years.

The creation of a SSST on this ground will last initially for a period of twelve months, with the landlord having a duty to provide such housing support services as are required to enable the tenancy to convert to a SST. This SSST can also be extended for a further period of six months where housing support is in place and the tenant has failed to sufficiently improve their behaviour. If no action is taken to extend the SSST then it will automatically convert to a SST.

Antisocial Behaviour of a Current Tenant, Joint Tenant, Occupant or Visitor

This ground is available to landlords who wish to convert an already existing tenant on a SST to a SSST due to concerns over antisocial behaviour. In order to convert the tenancy, the landlord will require evidence of serious antisocial behaviour. This behaviour must be ongoing for a period of time, where warnings and other communication have been unsuccessful.

As with the previous ground, this SSST will run for a period of twelve months with the duty to provide housing support services as required to enable the tenancy to convert to a SST. A SSST created on this ground can also be extended for a further period of six months where housing support is in place and the tenant has failed to sufficiently improve their behaviour. If no action is taken to extend the SSST then it will automatically convert to a SST.

For more information or advice, contact our team.

Should you require further information on the creation, conversion or termination of a SSST, then please click here

Alternatively, if you would like any advice in relation to offering SSSTs, please contact a member of our social housing team.

Written by : Natasha Boles