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» Tenancy

This section of our website contains details about the type of tenancy agreement which Linstone offers and how this can be ended or changed.

Scottish Secure Tenancy
Ending Your Tenancy
If You Are Moving House
Duty To Occupy The House/Abandonment Of Your Tenancy
Abandonment by a Joint Tenant
Information And Consultation
Succession
Assignation
Lodgers
Sub-Letting
Joint Tenancies

Scottish Secure Tenancy

Your Tenancy Agreement (sometimes known as your “Missive”) is a legal contract between you and Linstone setting out the terms and conditions under which you rent your home. It clearly defines the rights and responsibilities of both you and the Association. It is the MOST IMPORTANT document relating to your tenancy and should be kept in a safe place at all times.

The general principle of the agreement is that, provided you pay your rent and abide by the conditions detailed in the document you will have security of tenure. This means that you cannot be evicted or otherwise removed from your home.

In July 2001 a new housing act, the Housing (Scotland) Act 2001, was passed which gave new rights to tenants and placed a number of obligations on Linstone Housing Association as your landlord. One of the main changes was the introduction of a new tenancy known as the SCOTTISH SECURE TENANCY (SST) and this is generally the type of agreement you will have.  Back to Top

Ending Your Tenancy

The SST can only be ended by:

• You (together with any joint tenant) giving 28 days notice in writing.

OR

• The death of the tenant (assuming there is no-one qualified to 'inherit' or succeed to the tenancy).

OR

• Linstone serving the appropriate Notices declaring the property to be “abandoned”.

OR

• You buying the property from us through Right to Buy.

OR

• Conversion to a Short Scottish Secure Tenancy because an Anti Social Behaviour Order has been made against you or a member of your household.  A Short Scottish Secure Tenancy is similar to a full tenancy but with no succession or Right to Buy (where applicable).  It is for a specific term of not less than 6 months.

OR

• Linstone obtaining a court order (Decree) allowing us to repossess the property.

Linstone will only pursue court action for recovery of your home, i.e. for your eviction, where there has been a significant breach of your tenancy and all other reasonable steps have been exhausted. Grounds for repossession include:

- Non payment of rent.

- Harassment or anti social behaviour.

- Ill-treatment or neglect of the house, common areas and/or any furniture and fittings provided.

- Using the house for illegal purposes e.g. drug dealing.

- Failure to comply with some other crucial term or condition of the SST.

Before asking the Sheriff to consider granting an order for eviction, Linstone must first serve a Notice of Proceedings for Recovery of Possession. This will advise the earliest date legal action can commence.

During the period of any such action you will have ample opportunity to present your side of the case, either by yourself or through a solicitor or other advisory body e.g. Citizen Advice Bureau, Advice Works or Housing Advisory Centre.

In all cases Linstone must present their case to the Sheriff proving that it is “reasonable” to seek eviction.

If you are at all concerned about this issue please speak to your Housing Officer. Back to Top

If You Are Moving House

There are a number of actions you must take if you are intending to move home. Detailed below is a checklist, which should be followed:

• Give Linstone one months notice in writing. This must include written consent of your spouse or partner.
• Allow access to enable Linstone staff to carry out an inspection of your home.
• Ensure your rent account is paid up to date of tenancy end.
• Completely clear and tidy the property.
• Carry out any repairs that are your responsibility. These will be notified to you during the pre termination inspection and failure to comply will result in the costs being recharged to you.
• Arrange a ‘special uplift’ via this office for any items you are not taking with you.
• Clear out any loft spaces or cellars.
• Contact all utility companies e.g. gas, electricity, telephone, advising when you are moving and giving details of your forwarding address.
• Notify Council Tax and Rent allowance office (if applicable).
• Arrange qualified tradesman to disconnect your cooker/washing machine and cap pipes or make safe wiring.
• Arrange with Post Office to have your mail redirected.
• Hand in a minimum of 2 sets of keys to Linstone on or before your tenancy end date. Back to Top

Duty To Occupy The House/Abandonment Of Your Tenancy

The SST obliges you to take entry, occupy, furnish and use the house as your only or principal home. If Linstone believes this is not the case, or if you move out of the property without properly advising the Association, your tenancy will be treated as “abandoned”.

In such cases, a Notice will be served advising that Linstone intends to repossess the property. You will then have 28 days to respond before a second Notice is issued and locks are changed.

If your tenancy is ended in this way but you feel Linstone was wrong to do so, you can appeal to the Association within 6 months for a formal review of the decision. There is also a right to raise proceedings in the Sheriff Court.

To prevent the possibility of abandonment action you should notify your Housing Officer if you are going to be away from your home for a significant period of time.
Back to Top

Abandonment by a Joint Tenant

The Housing (Scotland) Act 2001 also gives Linstone the ability to take action should it believe that a joint tenant has abandoned and does not intend to occupy the property.
This is also done through the service of Notices. The first will advise that the joint tenant has 28 days to confirm their intention to reside at the property.

Should they fail to do so, a second notice will be served confirming that the joint tenant’s interest will come to an end in 8 weeks time.

This process does not end the full tenancy only the abandoning tenant’s share.
If your interest in the tenancy has been ended this way and you feel Linstone was wrong to do so, you can appeal to the Association or raise proceedings at court within 8 weeks from the date the second notice being served. Back to Top

Information And Consultation

This is probably one of the most important rights which you have and one of Linstone’s greatest responsibilities.

Linstone must provide you with: -

• A written tenancy agreement.

• Details of our Complaints Procedure.

and before you tenancy starts: -

• Written details about whether you have a Right to Buy and if so on what terms. You will also be given an explanation of the implications of purchase.

If you request it, Linstone will also provide you with free information about:

• Setting rents and service charges.

• Applying for Housing, Allocations, transfers and exchanges.

• The Right to Buy.

• Our consultation and tenant participation strategy.

• Repairs.

As your landlord, Linstone must also ensure you are consulted about: -

• Proposed changes to rent and service charges.

• Our tenant participation strategy.

• Housing management service standards, targets and performance.

• Policy/service matters if you are likely to be affected any proposal.

• Any possible change of landlord.

In addition the SST section on Information and Consultation confirms that you have an entitlement to inspect personal information which Linstone holds in your housing file. The process is detailed briefly below:

- Your request must be submitted in writing together with proof of your identity and sufficient information to allow us to locate the data you require e.g. accurate address and tenancy dates.

- Linstone will then advise in writing whether there are any accessible records of which you are the subject.

- The Association has 40 days to supply you with a copy of any relevant information (This timescale does not start until you have provided all the necessary supporting documentation).

- Linstone may charge a fee of up to £10.00 to deal with your request.  NB You are entitled to check information in connection with your application for housing free of charge.

- Where the information supplied is not easily understood you may be supplied with a written explanation.

- If you believe any of the personal data supplied is inaccurate you are entitled to request that it be amended or removed.

For such a request to be successful you must provide written evidence proving the inaccuracy.

Linstone, if it agrees, will then remove or amend the incorrect data. If however, Linstone does not agree, a written note will be placed with the information advising that you believe it to be inaccurate. You are entitled to a copy of this note together with an explanation of why the Association does not agree.

If you are unhappy with the actions taken regarding any of the above, you can ask for a formal review by Linstone’s Management Committee.

There are some exemptions where access is not appropriate or allowed. For further information please speak to your Housing Officer. Back to Top

Succession

If you die, your tenancy can be succeeded to by either:

• your husband / wife or

• another joint tenant(s) or

• your partner (of either sex) who was living with you for at least 6 months beforehand.

If none of the above people qualifies or chooses to succeed, the tenancy can pass to

another member of your family aged 16 or over who was living with you when you died.

If none of the above people qualifies or chooses to succeed, the tenancy can pass to:

a carer who lives with you in your home and gave up their only or main home to care for you or a member of your family.

Your tenancy can be succeeded to twice and any request should be notified to Linstone within 28 days.

Family members and carers do not have the right to succeed to the tenancy of a property which has been designed or adapted for someone with special needs unless they themselves require that type of accommodation. They are however entitled to be rehoused elsewhere.

Spouses or partners may also be in this position if there has been a previous succession to the same tenancy.   Succession affects the entitlement to Right to Buy.  For further information please speak to your Housing Officer.  Back to Top

Assignation

The SST gives you a right to assign (transfer to another person) your tenancy providing you obtain written permission from Linstone.

Assignation occurs when a tenant, who intends to leave the house, conveys all the rights (with the exception of any Right to Buy) and obligations of the tenancy agreement to another person. The other person becomes substituted as the tenant and becomes responsible for all aspects of the tenancy including any outstanding rent arrears.

The proposed new tenant must have resided in the house for at least 6 months.

Linstone will not withhold consent unreasonably. Staff will be happy to give further advice should you be interested in pursuing this option. Back to Top

Lodgers

If you have enough room in your home you may wish to take in a lodger. A lodger is someone who is not a relative but lives with you and has a formal financial arrangement to have the use of one or more rooms or part of a room.

Before taking in a lodger you must first obtain written consent from Linstone.

The Association will respond to requests within 28 days and will not withhold its consent unreasonably. Prior to agreeing we will require that you provide the lodger with a written agreement, the terms of which must be acceptable to Linstone.

Lodging will not be allowed where overcrowding would result.

Application forms are available from Linstone’s office. Back to Top

Sub–Letting

If you are going to be away from your home for a significant period of time and do not want to leave your house empty, you may wish to consider sub-letting.

You will require to provide the sub tenant with a written tenancy agreement, the terms of which must be acceptable to and agreed by Linstone.

As with lodger applications you can expect a response to your written request within 28 days. Consent will not be withheld unreasonably. Back to Top

Joint Tenancies

You are entitled to request that your tenancy become joint with one or more individuals.  Anyone wishing to be considered as a joint tenant must live or intend to live in the property as their principal home.  Joint tenants are all equally and independently liable for the responsibilities under the SST agreement including the payment of rent.  Consent will not be withheld unreasonably.

Equally it is possible for a joint tenant to end their interest in a tenancy by giving 4 weeks notice in writing to Linstone and any remaining joint tenants.  Back to Top