Estates Management Policy

Starting a Short Scottish Secure Tenancy

(SST)
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.

The notice will be hand delivered by 2 Housing Officers who will sign and date the "hand delivery" record

Once the notice has been served on the prospective tenant, arrangements will be made for them to sign the Short Scottish Secure Tenancy Agreement.

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

Conversion to a Scottish Secure Tenancy

Automatic conversion to a full SST
Where a short SST has been granted under paragraphs relating to anti-social behaviour, and the council does not begin action to end the tenancy before the end of 12 months, the tenancy will automatically convert to a SST .

Conversion to a full SST by The Council
The council may convert the short tenancy to a full SST where it considers it is fair and reasonable to do so.

Termination of a Short Scottish Secure Tenancy

Recovery before expiry of 6 months
The Council may raise action to recover possession before the expiry of 6 months using the standard grounds and procedure for recovery of possession of a standard SST in accordance with sections 14-16 and Schedule 2 of the 2001 Act. This will be done where one of the grounds for recovery of a standard SST exists and it is considered necessary to do so.

Termination after 6 months

After six months but may do so in the following circumstances:

Where the Short SST was granted under one of the anti-social behaviour grounds and there has been no improvement in the behaviour of the tenant or the tenant’s household, The Council may take action to end the tenancy before the expiry of 12 months. Each case will be assessed on its own merits.
Where the reason for offering the Short SST no longer exists and there is no reason in the circumstances to convert the tenancy to a SST.
Where any of the grounds for recovery of a standard SST exist and it is considered appropriate in the circumstances to terminate the tenancy.
Where the tenant has not complied with the provision of housing support and it has become clear that he/she cannot sustain the tenancy without such support.

Signing the Tenancy Agreement
A pro-forma Tenancy Agreement will be used to assist the officers involved in this process. Specific sections to be discussed will be highlighted on this pro-forma. Officers will use a checklist throughout the process of starting a tenancy. This checklist will ensure that each stage of the process has been completed and it will provide an audit of which officers have been involved in each stage. Once the process has been completed the checklist will be kept in the new tenant's house file for reference purposes.

Arrangements will be made to carry out a Tenancy Start Visit on a date suitable to the tenant. This will normally be no later than 6 weeks from the tenancy start date.
After signing the Tenancy Agreement, the new rent account will be created. A new rent card will also be issued which details the fortnightly charge. The tenant will be given an information pack, which will include a copy of the tenancy agreement, a Tenant’s Handbook, a range of information leaflets, and the keys for the house. The information pack, will include information about:

council services
The council’s feedback system
Useful telephone numbers
Home Contents Insurance
The Right to Buy
Payment Methods
Local tenants/residents groups
New Tenancy Questionnaire

Housing Benefit
In South Ayrshire, the Housing Benefit Scheme is administered by Unified Benefits, which is part of the council’s Chief Executive Department.

New tenants will be given the opportunity to discuss their claim with a member of the Unified Benefits Team after signing their Tenancy Agreement.

The Unified Benefits Team will help the applicant to make a claim for Housing and Council Tax Benefit, using a single application.

All applicants must provide proof of their identity, National Insurance Number and verification of their income, their own savings and capital, and that of everyone else over 16 in the household. Verification of their financial resources is essential. Evidence of both their income and capital will be required to substantiate the answers given in the application form. This means that original payslips, D.S.S benefit books, bank statements etc, must be made available for inspection by Unified Benefits Staff or qualified Housing Staff. The claim cannot be processed until all information has been provided.

A person's entitlement to Housing Benefit / Council Tax Benefit is calculated according to the following: -

How much money they have coming in from their household’s earnings and / or other income their household has coming in.
How much money the applicant (& partner, if applicable) has in savings or other investments. If their savings are over £3,000 the amount of benefit you receive will usually be reduced on a sliding scale. However, people over 60 years old are allowed £6,000 in savings before any benefit entitlement is affected. No Housing Benefit will be awarded if their savings amount to £16,000 or more.
Their personal circumstances, e.g. the numbers of dependants and non-dependants living in the household, and whether they are disabled, etc.

To prevent arrears from building up in the rent account, Housing Assistants will be provided with a list of claims which are due to expire on a fortnightly basis. They will monitor these cases to ensure that the claims are returned. Visits will be carried out for all tenants who fail to return their form.