Scottish Secure and Short Secure Tenancies
All West Lothian Council secure tenants became Scottish Secure tenants by law on 30th September 2002. This change was introduced by the Housing (Scotland) Act 2001. By law, tenants automatically have all the new rights and responsibilities associated with being a Scottish Secure tenant whether or not they have signed the new Scottish Secure Tenancy Agreement.
Scottish Secure Tenancies (SST)
The Scottish Secure Tenancy was developed in partnership with tenants. The agreement sets out clearly what your legal rights and obligations are. Tenants have been involved in developing the new agreement so that it suits the needs of West Lothian. When you sign the new agreement you will have a clear record of all your rights and responsibilities.
Short Scottish Secure Tenancies (SSST)
In some specifically defined circumstances tenants will have a SSST rather than a full SST. The tenant's rights under a SSST are identical to the full SST except:
- There is no provision for succession
- They can be ended without the landlord having to show the court that there are any specific or management grounds for ending the tenancy.
SSSTs are offered for at least 6 months in the first instance, and can be allowed to continue after that for 6 successive monthly periods.
The same eviction procedures are available for the SSST as are available for the full SST, at any time during the tenancy (for example, non-payment of rent, anti-social behaviour). However, there are also additional special procedures which allow the SSST to be ended after the term of the lease (6 months) without the landlord having to show the court that there are any specific or management grounds. If the landlord serves the right notice the court must make an order for recovery of possession once the tenancy has reached the end of its 6 monthly period.
You may have been given a SSST rather than a full SST if you:
- Were previously evicted (anywhere in the UK) for anti-social behaviour in the last 3 years, or if you, or a member of the household, is currently subject to an Anti-Social Behaviour Order.
- Live in a house that is let on a temporary basis, but for a period of not less than 6 months, and you are getting housing support services.
Can existing tenancies be converted to a Short Scottish Secure Tenancy?
Yes, your Scottish Secure Tenancy can be downgraded to a Short Scottish Secure Tenancy for up to a year if you, or a member of your household, are subject to an Anti-Social Behaviour Order. If this happens the Council will provide you with support to help you convert your tenancy back to a full Scottish Secure Tenancy. However, if you do not change your behaviour, we will ask the Court to end your tenancy.
