S.S.T.  

Time to sign the Scottish Secure Tenancy

Introduction 

On 28^th October 2002 your Committee of Management agreed to a Scottish Secure Tenancy Agreement in place of the existing Occupancy Agreement. 

The Scottish Secure Tenancy is a continuation of your existing Occupancy Agreement. This means that there will be no break in your tenancy with the Co-operative. For example, you will continue with the same rent account. The new Tenancy Agreement has to be implemented as a statutory requirement of the Housing ( Scotland ) Act 2001. 

This Act introduced a number of important statutory changes to your tenancy rights. These rights applied from 30 September 2002 .  This means that you have been governed by the statutory clauses in the new Agreement since 30^th September 2002 but will only be bound by the contractual changes once the new Agreement has been signed. 

The Scottish Secure Tenancy Agreement has many of the same features as the Occupancy Agreement and you will not lose any of your existing rights.  In fact, some of your existing rights will be strengthened and you will also receive new rights.

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SUMMARY OF YOUR STATUTORY RIGHTS  

Below is a summary of your statutory rights under the Scottish Secure Tenancy Agreement. (By statutory we mean rights and obligations that are expressed in the Housing [ Scotland ] Act 2001.)

You cannot be evicted from your home without a court order.

You and anyone who lives in (or is going to stay in) your house and uses it as their only home can apply for a joint tenancy.  The Co-operative must agree to this unless they have good reasons for not doing so.

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

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

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

You can sublet your tenancy, exchange your house or take in a lodger.  You can also assign (sign over) your tenancy to anyone who has lived in your house as their only home for at least six months, however, you must get written permission from the Co-operative.  We can only refuse permission if there are good reasons for doing so.  You should think carefully before doing any of the above and get advice.

The Co-operative must carry out certain types of small urgent repairs within a given timescale (this is referred to as the “right to repair”).

You have a right to receive compensation at the end of your tenancy for certain types of improvements you have made to your home, as long as the Co-operative gave you permission to make the improvements in the first place.

The Co-operative must give you a written tenancy agreement, information about your landlord’s complaints procedure and, before you tenancy begins, information about the right to buy and any responsibilities you may have if you buy your home.

If you ask, we must give you information about policies on setting rent, allocation houses, repairs and maintenance.

The Co-operative must consult with you, and take account of your views, before making or changing any housing management polices that are likely to significantly affect you, for example, repairs and maintenance, rent and service charges.  Tenants’ groups can register with us and have a right to be consulted.  You can ask us for a copy of our tenant participation strategy, which outlines their arrangements for asking and considering your views.

You and your neighbours can get together to form a tenant management co-operative and enter into an agreement with the Co-operative to manage your own homes.

If you currently have the right to buy your home, the conditions you enjoy will be protected for as long as you stay in the same house. 

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EXAMPLE OF CONTRACTUAL RIGHTS

The Co-operative cannot change any of the statutory rights in the Scottish Secure Tenancy Agreement, however, we do have a right to add contractual conditions as long as these do not compromise your statutory rights. 

Examples of contractual clauses in the Agreement include: 

SIGNING THE SCOTTISH SECURE TENANCY AGREEMENT

Over the next 6 months staff will sign you up to the new Agreement. We will contact you by letter and inform you of a date and time when we plan to visit you at home to sign the Agreement. A copy of the Agreement and a summary will be enclosed with the letter so that you can read the Agreement in detail beforehand. 

We plan to carry out most of these signings in the evenings or at week-ends as we hope this will be the most convenient time to find people at home. If the time we have set for the signings is not convenient for you or you prefer we do not visit you in your home you can contact us to make alternative arrangements.  

When you sign for the Agreement the staff will explain the rights and responsibilities set out in the agreement and will be happy to answer any queries you have about the agreement. 

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MORE INFORMATION ABOUT THE SCOTTISH SECURE TENANCY AGREEMENT 

If you want more information on the Agreement or you have any concerns about signing you can contact our Aberdeen office by the following means. 

You can also use these contacts if you or anyone you know would like the information above or the Scottish Secure Tenancy Agreement on tape, large type or in a language other than English.

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