Guide: Hou6 Rights of Council and Housing Association Tenants

Rights of council and housing association tenants

Who we are

Age Scotland is the national charity for older people. We work to improve the lives of everyone over the age of 50 so that they can love later life.

Our vision is a Scotland which is the best place in the world to grow older.

Our mission is to inspire, involve and empower older people in Scotland, and influence others, so that people can make the most of later life.

Our three strategic aims are to:

Help older people to be as well as they can be

Promote a positive view of ageing and later life

Tackle loneliness and isolation

How we can help

We know that growing older doesn’t come with a manual. Later life can bring changes and opportunities to your life and you may need to know about rights, organisations and services which are unfamiliar to you.

That’s why we provide free information and advice to help you on a range of topics including benefits and entitlements, social care, legal issues such as Power of Attorney, housing and much more. All of our guides are available to download for free from our website, or you can contact our helpline team to have copies posted to you for free.

The Age Scotland helpline is a free, confidential phone service for older people, their carers and families in Scotland looking for information and advice.

Later life can bring times when you just need someone to talk to. Our friendship line is part of our wider helpline and older people can call us for a chat. We’re here to listen, provide friendship and offer support.

Right

Introduction

If you are the tenant of a social landlord, usually a council or housing association, this guide is for you. It will give you basic information about your tenancy agreement, your rights and your responsibilities.

Most tenants of social landlords will have a Scottish Secure Tenancy agreement.

Housing law is complex. If you have any questions about your housing rights, or you have another type of tenancy agreement, contact the Age Scotland helpline, Shelter Scotland or your local Citizens Advice Bureau.

Scottish Secure Tenancy agreements

Before you move in, your landlord must provide you with a Scottish Secure Tenancy agreement and details of their complaint procedure.

Your tenancy agreement should include details of your right to stay in the property and information about how you may be able to pass the tenancy to someone else. These are covered in more detail later in this guide.

Rents and rent increases

The amount of your rent and any service charges will be stated in your tenancy agreement. Your landlord must give you four weeks’ written notice of an increase. If your income is low, you may be entitled to Housing Benefit or Universal Credit to help with your rent payments.

For a benefit check and to find out more about Housing Benefit, call the Age Scotland helpline on 0800 12 44 222.

Rights of council and housing association tenants

Rights of council and housing association tenants

Repairs

You are responsible for taking reasonable care of your home including carrying out minor repairs and internal decoration. Your tenancy agreement or handbook should clearly explain your responsibilities. The landlord is not usually responsible for damage caused by you, or someone else living in or visiting your home.

Reporting repairs

Your landlord must repair any damage to the structure and exterior of the building that may let in wind and rain, or cause dampness and condensation. They are also responsible for the fixtures and fittings, such as any appliances supplied with the property, sinks, toilets, baths, showers, pipework and electrical wiring.

If you need a repair to your property, it is important to let your landlord know straight away. It is a good idea to make the request in writing and to keep a copy of the letter or email.

When you report the problem, your landlord will let you know who is responsible for the repair and whether it qualifies for the Right to Repair scheme. You should be given information about your rights, and contact details for the contractor who will be doing the work. The landlord should also tell you how long it will take.

If the repair doesn’t come under the Right to Repair Scheme, the repair should still be carried out within a reasonable period of time. Details of how your landlord deals with this kind of repair should be in your tenant handbook.

Right to Repair scheme

The Right to Repair scheme covers certain repairs up to the value of £350. These include unsafe sockets or electrical fittings, water or waste blockages, unsafe floors or stairs, and external windows, doors or locks that are not secure.

If the contractor chosen by your landlord doesn’t carry out the repair within the agreed timescale, you can appoint someone else to carry out the work. They must be on your landlord’s list of approved contractors. The cost can be no more than £350 and will be charged to the landlord. You may also be entitled to a small amount of compensation if repairs are delayed.

Problems with repairs

If your landlord won’t carry out a repair, the repair is not done properly or there is an unreasonable delay, you should first try to negotiate with the landlord to resolve the problem. If this doesn’t work, you can follow their formal complaints procedure. Your tenant handbook should contain details of this.

You should gather evidence such as photographs, inspection reports, letters you have sent to the landlord and copies of any medical reports if your health has been damaged by the problem.

You may be able to complain to the Scottish Public Services Ombudsman if you have been unable to resolve the problem by following your landlord’s complaints procedure. Further information is available on their website www.spso.org.uk or you can telephone them on 0800 377 7330.

If you are still not satisfied, there may be other actions you could take such as organising the repairs yourself and deducting the cost from your rent, or taking legal action. Speak to an experienced housing adviser before proceeding, to ensure you are following correct procedures and not risking eviction.

Rights of council and housing association tenants

Rights of council and housing association tenants

Improvements and alterations

You must have your landlord’s written permission before carrying out any improvements or alterations to your home such as installing a new kitchen or bathroom, central heating, double glazing, external aerial or satellite dish.

The landlord can only refuse permission if there is a good reason, for example the work may make the house less valuable or harder to let once you have left. When giving consent the landlord may include conditions such as requiring the work to meet a specified standard, or returning the property to its original state at the end of the tenancy.

If your landlord refuses permission for alterations, they must tell you this in writing within a month of you asking for consent. If you are unhappy with the refusal you should speak to a housing adviser, as you may be able to appeal the decision through the Sheriff Court. You must appeal within 6 months of the decision.

Compensation for improvements you have made

At the end of your tenancy you may be entitled to claim compensation for some improvements, alterations or adaptations you have carried out to your home. These could include installing kitchen units, a bath or a shower, replacing windows or adding heating, insulation or security measures. Your landlord must have agreed to the improvement in writing for you to be able to claim compensation.

A maximum of £4,000 compensation can be paid for each improvement. Compensation is not payable for improvements costing under £100. The landlord may adjust the payment depending on the condition of the property when your tenancy ends and how long ago you carried out the improvement. Your landlord can also take any money you owe them, such as for unpaid rent, from the compensation you are entitled to receive.

Rights of council and housing association

Rights of council and housing association tenants

Adaptations

If your home needs to be adapted to allow you to live there safely and comfortably, your landlord or your council’s social work department can tell you about the help that may be available to you.

You can ask your landlord to provide moveable equipment such as a raised seat for your toilet or a ramp to get in and out of your home.

For larger adaptations that require structural changes to the property, an occupational therapist can assess your needs and decide if the work is essential. Your landlord will organise and pay for any work which is classed as essential. However, there may be a waiting list and work will be prioritised according to how urgent it is.

Assignation

If you have had a Scottish Secure Tenancy for at least six months, you may be able to sign your tenancy over to someone else. This is called assignation. The new tenant (assignee) must have been living in the property as their main home, with the landlord’s knowledge, for at least twelve months.

You must write to your landlord to ask permission to assign your tenancy to someone else, but your landlord can’t refuse unless they have a good reason. If your landlord refuses and you are unhappy with the decision, speak to a specialist housing adviser as you may be able to appeal to the Sheriff Court. You must do this within 6 months of the decision.

Sub-letting and taking in lodgers

If you want to sub-let all or part of your home, or take in lodgers, you must have lived in the property as your main or only home for at least twelve months.

You must write to your landlord to ask permission. You must tell them how many people will move in, how much rent they will pay and the amount of any returnable deposit.

The landlord can’t refuse permission without good reason; however, they may refuse if the property would be overcrowded or the rent you are planning to charge is too high.

If you are unhappy with the landlord’s decision regarding a request to sub-let, you may be able to appeal to the Sheriff Court within 6 months of the decision. Speak to a housing adviser for advice if you plan to do this.

If you move out of your home without your landlord’s permission and don’t intend to return, you may lose your tenancy rights. This is because you can only be a Scottish Secure Tenant or Short Scottish Secure Tenant while the property is your only or main home.

Rights of council and housing association tenants

Rights of council and housing association tenants

Succession rights

When a tenant dies, their tenancy can sometimes be taken over by another member of their household. This is called succession. There are three levels of priority for succession rights:

First priority

• a surviving spouse, civil partner or joint tenant who lives in the property at the time of the tenant’s death

• a cohabitee if the property has been their main home, with the landlord’s knowledge, for at least twelve months at the time of the tenant’s death

Second priority

• a member of the tenant’s family who is at least 16 years old and has been living in the property as their main home, with the landlord’s knowledge, for at least twelve months at the time of the tenant’s death

Third priority

• a carer who is at least 16 years old, who has been living in the property with the landlord’s knowledge for at least 12 months at the time of the tenant’s death and who has given up their own home to care for the tenant or a member of the tenant’s family

If the house has been specially adapted and the successor to the tenancy does not need those adaptations, they may be transferred to a different property instead.

Mutual exchanges

If you want to move to a different home, you may be able to exchange properties with another Scottish Secure Tenant, or a social tenant elsewhere in the UK.

This can be done through websites such as Home Swapper www.homeswapper.co.uk or House Exchange www.houseexchange.org.uk.

Both landlords must give consent in writing.

If the property is unsuitable for the prospective tenant because it has specialist adaptations they do not need, or if it is too big or small, the landlord can refuse to give consent. If you are unhappy with the refusal you have the right to appeal to the Sheriff Court.

How the tenancy can be ended

As a Scottish Secure Tenant, you have security of tenure. This means you have the right to stay in your home until the tenancy is properly brought to an end.

Your tenancy can be brought to an end if:

• you give your landlord 4 weeks’ notice

• the tenancy is assigned to someone else

• the tenancy has been abandoned

• the Sheriff Court grants the landlord an eviction order

Rights of council and housing association tenants

Abandonment of the tenancy

If you will be away from your home for some time, for example in hospital or working away, it is important to let your landlord know. Your tenancy agreement may tell you how soon you need to do this. You may also want to arrange for your mail to be picked up, so that you can reply to any letters from your landlord.

If your landlord thinks you are no longer living in your home and have abandoned your tenancy, they may take steps to end your tenancy agreement.

The landlord will write to you at your last known address and ask if you still intend to live in the property. You will have four weeks to reply. The landlord must also attempt to check if you have moved out, for example by asking your neighbours, family members or employer.

If the landlord has completed their checks and you have not replied within 4 weeks you will be served notice that your tenancy has ended.

If proper abandonment procedures were not followed, or you had good reason for not responding to the abandonment notice, you can complain to the Sheriff Court. You must do this within six months of the date of the notice that ended your tenancy. If the Sheriff agrees with you, you may be able to move back into your home. However, if someone else is renting it, you may be offered an alternative property.

Rights of council and housing association tenants

Eviction

If you have a Scottish Secure Tenancy agreement and the landlord wants you to leave the property, they must obtain a court order called a Decree for Eviction.

If the reason for eviction is rent arrears, the landlord must take steps to try to prevent the eviction. These include giving you clear information about your rent and tenancy agreement, telling you where you can go to get help with benefits and debts, and trying to agree a repayment plan with you.

The landlord must send a Notice of Proceedings to everyone over the age of 16 who lives in the property. This will tell you the legal reason for the eviction and, if applicable, the steps they have taken to try to prevent it. These steps are called the pre-action requirements.

If you receive a Notice of Proceedings you should get advice as soon as possible. You may be able to make an agreement with the landlord which will avoid the need to go to court.

What will happen at court depends upon the legal reason your landlord is using to try to evict you. There are 15 different legal reasons that can be used. These are called grounds.

Some of these are conduct grounds, for example rent arrears, breaking your tenancy agreement, damaging the property, antisocial behaviour and using the property for criminal activity. The Sheriff will hear the case and decide whether it is reasonable to evict you.

Some are management grounds, such as the property being overcrowded, having adaptations that no-one in your household needs or needing major repairs that can’t be done while you are living there. If your landlord is evicting you on a management ground, they must offer you somewhere else suitable to live. The Sheriff will only grant the eviction order if a suitable alternative home has been offered.

Rights of council and housing association tenants

Rights of council and housing association tenants

Complaints

If you have a problem with your tenancy and speaking to your landlord has not resolved it, you may decide to make a complaint.

Your landlord’s complaints process should be readily available to all tenants. It should tell you how to make your complaint and how quickly you will receive a response.

If you are not happy with the response, you can complain to the Scottish Public Services Ombudsman. Contact them on 0800 377 7330 / www.spso.org.uk.

Further Advice

Age Scotland helpline

Age Scotland provides information, friendship and advice to older people, their relatives and carers. Contact the helpline on 0800 12 44 222.

If you need an interpreter call 0800 12 44 222 and simply state the language you need e.g. Polish or Urdu. Stay on the line for a few minutes and the Age Scotland helpline staff will do the rest.

Shelter Scotland

Contact Shelter Scotland’s free housing advice helpline on 0808 800 4444 / https://scotland.shelter.org.uk.

Citizens Advice Scotland

Citizens Advice Scotland can provide free, confidential and independent advice on a wide range of topics including housing, money, benefits, employment and consumer issues. Call them on 0800 028 1456 / www.cas.org.uk.

Law Centres

Law Centres are not-for-profit organisations with solicitors who can give legal advice and provide court representation.

Shetler Scotland has a list of Scottish Law Centres on their website, https://scotland.shelter.org.uk/housing_advice/complaints_ and_court_action/legal_representation/law_centres, or you can call the Age Scotland helpline on 0800 12 44 222.

Solicitors

Solicitors can advise you on the law and represent you in court if necessary. You should try to find a solicitor who is experienced in housing law. You can ask the Law Society of Scotland for details of solicitors in your area, but they cannot recommend a solicitor. You can call them on 0131 226 7411 or see www.lawscot.org.uk/find-a-solicitor.

If you are on a low income you may be able to get legal aid to pay for legal advice and/or representation. The Scottish Legal Aid Board has details of solicitors who participate in the legal aid scheme.

To search for a solicitor, visit their website www.slab.org.uk/new-to-legal-aid/find-a-solicitor.

Disclaimer

While we aim to ensure that the information in this document is factually correct at the time of production, Age Scotland cannot be held liable for any errors or omissions. Please ensure that you have an up to date factsheet and that it clearly applies to your situation. No factsheet can ever be a complete guide to the law, which also changes from time to time. Legal advice should always be taken if you are in doubt.

Please note that the inclusion of named agencies, companies, products, services or publications in this factsheet does not constitute a recommendation or endorsement by Age Scotland.

This factsheet may be reproduced in whole or in part in unaltered form with due acknowledgement to Age Scotland. Reproduction in any other form is not permitted without written permission from Age Scotland.

Rights of council and housing association tenants

How you can help

Our vision is a Scotland which is the best place in the world to grow older.

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Age Scotland, part of the Age Network, is an independent charity dedicated to improving the later lives of everyone on the ageing journey, within a charitable company limited by guarantee and registered in Scotland.  Registration Number 153343. Charity Number SC010100.

Age Scotland is the national charity for older people. We work to improve the lives of everyone over the age of 50 so that they can love later life.

Our vision is a Scotland which is the best place in the world to grow older.