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Estates Management Policy

Starting a Tenancy


Each tenant will sign either a Scottish Secure Tenancy Agreement, or a Short Scottish Secure Tenancy Agreement, before moving into their new home. Where possible, a mini sample version of the agreement will be sent to the person in advance. This will allow the person time to read the document and identify any questions, which they may wish to ask prior to signing the agreement. The process of signing the Scottish Secure Tenancy Agreement will normally take place in an interview room in the local Area Housing Office. The tenant may wish to sign the agreement in their own home if they are unable to access the office for any reason.

The tenant will be required to provide, as proof of identification, a copy of their birth certificate or passport and two other documents, which confirm their current address. Examples of documentary evidence include, but are not limited to:

Staff will explain the terms and conditions of the agreement to the tenant. They will also answer any questions, which the person has about the tenancy and about their new home. The tenant will be given the opportunity to bring someone along to the interview for support or advice. This could be a member of their family, a friend, an interpreter or an advisor. The Council can make arrangements for an interpreter to be provided if the person does not know of anyone who can fulfil this role. Interpreters will be used for tenants whose first language is not English, and for tenants who have sensory impairments. Assistance can also be provided for people with literacy or numeracy difficulties. The Council’s Tenancy Agreement can be translated into other languages or formats if required. This will be arranged before the tenant is asked to sign the agreement. The new tenant(s) will be advised prior to the interview that they should bring along proof of their income, if they intend to claim Housing and Council Tax Benefit. Housing Benefit Officers will help them to complete a claim form before leaving the interview. Tenants who are not claiming Housing Benefit will be encouraged to pay 2 weeks rent on the day of the tenancy sign-up. Issues for Discussion on the day the Tenant Signs the Agreement.

At the sign-up interview the officer will discuss the following issues with the tenant: Types of Tenancy
The Council can offer 2 types of tenancy. A Scottish Secure Tenancy and a Short Scottish Secure Tenancy. In most cases a Scottish Secure Tenancy will be offered, but in specifically defined circumstances, a Short Scottish Secure Tenancy may be offered. This will be where a full Scottish Secure Tenancy is not appropriate.

Short Scottish Secure Tenancy
A Short Scottish Secure Tenancy was introduced in Section 34 of the Housing (Scotland) Act 2001. It may be offered where any of the following apply:

When Short Scottish Secure Tenancy is offered, 3 main conditions must be met:

The Area Housing Manager will determine whether a Short Scottish Secure Tenancy is to be offered.

Serving the Notice
A notice must be served on the prospective tenant. Scottish Statutory Instrument 2002, number 315, "The Short Scottish Secure Tenancies (Notices) Regulation 2002 outlines the format of the notice required. A copy of the notice is attached.
The notice will be hand delivered by 2 Housing Officers who will sign and date the "hand delivery" record.

The SSST Agreement outlines the terms and conditions of the tenancy.

Scottish Secure Tenancy
A Scottish Secure Tenancy was introduced in Section 11 of the Housing (Scotland) Act 2001. A tenancy will only be an SST if:

The Scottish Secure Tenancy Agreement outlines the terms and conditions of the tenancy.
More information about Short Scottish Secure Tenancies is available in the Council’s Anti-social Behaviour Procedures.

Short Scottish Secure Tenancies
The Short Scottish Secure Tenancy (Short SST) was introduced by section 34 of the Housing (Scotland) Act 2001 (the 2001 Act). It is similar to the standard Scottish Secure Tenancy (SST) except that a tenant under the Short SST does not have the right to buy, there are no provisions for succession, and security of tenure is limited to 6 months.

After 6 months the landlord may take action to recover possession using a fast-track procedure provided by the 2001 Act. Alternatively, in certain circumstances the Short SST may automatically convert to a full SST after 12 months or a landlord may wish to convert the Short SST to a full SST where it considers appropriate.

Local authorities are entitled, although not obliged, to use the Short SST in the circumstances prescribed in paragraphs 1-7 of Schedule 6 of the 2001 Act, provided that:

Using Short Scottish Secure Tenancies Circumstances in which a Short SST may be offered
Schedule 6 to the Housing (Scotland) Act 2001 prescribes several circumstances in which the Short SST might be used. The Council will use the Short SST in any of these circumstances where it considers it to be fair and reasonable to do so.

The prescribed circumstances are listed below along with examples of situations in which the Council might use the Short SST.

These examples are not exhaustive and the Council may use its discretion to offer the Short SST in other circumstances, which comply with the provisions and spirit of the 2001 Act, and it is fair and reasonable to do so in the circumstances.

This might be used where an existing tenant of the Council is being offered a transfer to another property but the Council has been granted an order for recovery of possession against the tenant on the ground of anti-social behaviour during the last 3 years.

This might also be used where an applicant was previously the tenant of another landlord where an order for recovery of possession has been granted against the tenant on the ground of anti-social behaviour during the last 3 years.

This might be used where an applicant, or a member of the applicant’s household, who is to be offered accommodation by the Council is known to be the subject of such an anti-social behaviour order.

It may also be used to convert an existing SST to a Short SST, by serving appropriate notice. Where an ASBO is taken out against the tenant or a member of the household during the period of the SST the Council may convert the tenancy to a Short SST.

Also, where a tenant has been granted a SST and it subsequently comes to light that the tenant or member of the household is subject to an ASBO granted at a previous address, the Council may convert the tenancy to a Short SST. See 'Starting a Short Scottish Secure Tenancy'

This may be used for temporary lets to incoming key workers.

This may be used to provide temporary accommodation to homeless persons where it is intended that this temporary accommodation should be provided for more than six months.

The Homelessness Team will continue to use a non-secure tenancy for the provision of temporary accommodation where:

When the provisions of the Homelessness etc. (Scotland) Act 2003 come into force this section will be reviewed.

This may be used where a tenant under a full SST is decanted to another property in order to allow for repair or improvement work to the property for which they are secure tenant. The tenant may be offered a Short SST at the new property, which would run until returning to their original property.

This may be used to offer Short SSTs to young persons who are considered to be in need of housing support services. The Short SST can be used as a temporary tenancy, which will then either convert to a SST if the tenancy is found to be successful, or can be terminated if it is considered that the tenancy is not successful, in which case the Homeless Team would provide alternative temporary accommodation.

Housing Support

In all other cases, The Council will explore housing support options where this is considered appropriate in the circumstances.

Housing Benefit
Short SST tenants are liable for the payment of rent in the same way as tenants under a standard SST. Tenants may apply for Housing Benefit if they consider they might be entitled to assistance with their rent, and have responsibility to apply for Housing Benefit where appropriate.

Standard of Empty House
Each empty property will be repaired to the Council's letting standard prior to the new tenant signing the tenancy agreement.

Decoration Allowance
A decoration allowance will be awarded where damage is in excess of 1 square metre per room. For the purposes of awarding the decoration allowance, damage will mean partially stripped rooms; paper badly torn, walls poorly painted or broken tiling. If the collective damage is less than 1 square metre, a maximum of one room allowance will be awarded. No allowance will be awarded where the entire room has been stripped. The Council may arrange to decorate an empty house in extreme or unique circumstances. This will be at the discretion of the Area Housing Manager.

The decoration allowance will be awarded at a specific rate per room. This rate will be agreed by the Council and may increase at the start of the financial year. A cheque will be raised after the tenant has signed the tenancy agreement. If the tenant is transferring from another Council property, and has rent arrears or any other housing debt, the decoration allowance will be used to off set the debt. The Council will aim to ensure that the tenant receives the cheque within 2 weeks of signing the agreement.

Home Contents Insurance
The Council offers tenants the option of joining a corporate Home Contents Insurance Scheme. Tenants are able to pay in instalments at the same time as paying their rent.

Tenancy Start Visits
A Council Officer will aim to visit the new tenant within 6 weeks of the tenancy starting. This is referred to as a “New Tenancy Visit”. The purpose of this visit is to ensure that the tenant has moved in and to deal with any issues or concerns that the tenant has. The officer carrying out the visit will also ensure that the tenant is managing to pay their rent and that all other aspects of the tenancy are satisfactory. A checklist will be used by officers as a guide during the visit. At this visit the tenant will have the opportunity to discuss matters relating to the tenancy, ask questions and offer feedback about the process they have gone through.

Lock-ups
South Ayrshire Council has a number of lock-ups throughout the district, which are available for let to South Ayrshire Residents who own a car, motorbike, moped, motor scooter or small van.

Application forms are available from each of the six area offices and applications on the waiting list are held in date order. Applications will not be accepted from current or former tenants of South Ayrshire Council, where they have outstanding arrears or outstanding rechargeable repairs, until all debts are paid in full.
Vacant lock-ups are allocated to applicants who have waited the longest for a lock-up in that area.
Applicants must provide their registration document for the vehicle to be ‘housed’ in the lock-up, one further proof of their principal address and one proof of identification. Tenancy Agreement for Lock-up Garage.

Succession / Assignation
In the event of the death of a tenant there is no right for family members to succeed to the tenancy of any lock-up previously let to the deceased. Consideration will, however, be given to transferring lock-ups where reasonable grounds exist, i.e. transferring a lock-up to a wife following the death of a husband.

Terminations
The tenancy of a lock-up may be terminated by giving 14 days notice in writing.
On expiry of a notice of termination, which has not been rescinded and the tenant has failed to return the keys to the local housing office, the Council reserve the right to make entry to the lock-up and supply and fit a new lock. Any goods or belongings found in the lock-up at that time will be deemed to be abandoned and disposed of as the Council sees fit. All costs incurred in repossessing a lock-up in this manner will be recoverable from the tenant.

Repossession of a lock-up
A lock up tenancy can be terminated by serving a standard Notice to Quit. This notice gives the lock-up tenant 28 days notice that the lock-up is being repossessed.
If the tenant fails to give up the lock-up by the date specified in the Notice to Quit, then entry should be forced to the lock-up and the locks should be changed.
If goods have been left within the lock-up they should be disposed of in accordance with the abandoned goods procedure.