It is also important to note that a tenancy can now be terminated on the basis of a conviction, not only for the tenant or roommate, but for anyone living in the property for immoral or illegal purposes, or for any crime punishable by imprisonment and committed either in the house or in the neighborhood. Conversion to a Scottish Short Secure Rental (SSST) for Antisocial Behaviour If you wish to terminate your tenancy, you must give us at least 28 days` notice. You can do this by completing your property eviction form [57.84KB] and returning it to customer service, a housing representative or an email at customer.service@westlothian.gov.uk. Your accommodation representative will then contact you to arrange an inspection of the property and discuss any rents or fees due. For the SSST, the same eviction procedures are available at any time during the rental as for the entire SST (e.B. non-payment of rent, antisocial behavior). However, there are also additional special procedures that allow the OHSS to be terminated after the term of the lease (6 months) without the landlord having to prove to the court that there are certain management reasons. If the landlord gives the correct notice, the court must issue a repossession order once the tenancy has reached the end of its 6-month period. No. It is not necessary for an existing secure Scottish tenant or a short-term Scottish tenant to sign a new lease. As of November 1, 2019, all new tenants have signed a revised lease that included all changes to the 2014 law.
Succession is the transfer of a tenancy after the death of a tenant. Unfortunately, there are cases where applicants try to use inheritance rules. In these cases, it can often be difficult to tell the difference between truly qualified people and those who have just moved into the house to claim inheritance law. These changes are intended to reduce these situations. Section 7(2) of the 2014 Act also imposes new requirements on us when we inform you that your tenancy will be converted into a Scottish short-term secure tenancy due to anti-social behaviour. In cases where the court has not issued an injunction on antisocial behavior, we must include the following in the notice: This new ground for converting a tenancy came into effect on May 1, 2019. If your pet is causing ongoing harassment, we can demand that your pet be removed from your home and take legal action against you for breaking your lease. We will respond to all harassment complaints in West Lothian, whether the victim (or abuser) is a community tenant, a private sector tenant or an owner/user. We will take all possible steps to end this harassment and any other threats by referring the matter to the Community Safety Unit. The 2014 Act changed the way a Scottish secure tenancy can be terminated following a conviction for serious anti-social or criminal behaviour.
When you start a new rental, the property must meet this standard. [42.66 KB]. Yes, your Scottish Secure Rental can be downgraded to a Short Scottish Secure Rental for up to one year if you or a member of your household is subject to an injunction against anti-social behaviour. In this case, the Council will help you convert your rental back into a full-fledged Scottish secure tenancy. However, if you do not change your behavior, we will ask the court to end your tenancy. If you have updates on your tenancy that you have not yet communicated to us, you can contact us by signing the lease of your new home, you have assumed a number of responsibilities that have been explained to you by your community housing agent. These responsibilities have to do with the care you take for your home, your neighbors, and your neighborhood. They are designed to ensure that you and your neighbors can live in peace and comfort in your homes. An attempt is made to identify the owner of the caravan through searches in the village. When the landlord is identified, the community housing officer explains that they are violating their lease, the steps they should take to resolve the situation, and the possible consequences of non-compliance with their lease. The Scottish Secure Tenancy was developed in collaboration with the tenants. The agreement clearly states what your legal rights and obligations are.
Tenants were involved in the development of the new agreement to meet the needs of West Lothian. When you sign the new agreement, you have a clear record of all your rights and obligations. There are many reasons why you may want to make a change to your rental. This includes subletting your home, assigning (i.e., handing over or signing your tenancy), creating a flatshare, or terminating your tenancy. With the implementation of the 2014 Act, changes have been introduced if you wish: the Sale Act ended for all tenants of social housing in Scotland on 1 August 2016. You can no longer buy your meeting room. If a potentially abandoned vehicle is reported to the local office or has been identified by an employee in the course of their duties, local staff will contact the local police to ask them to check whether it has been abandoned or not. If the police confirm that the vehicle has been abandoned, the Council will inform the vehicle 7 days in advance and will remove the vehicle after the expiry of the 7 days. You have the right to challenge our decision to take legal action to terminate your tenancy for these reasons. Section 15 of the 2014 Act allows any social landlord to apply to a sheriff to issue an order to terminate the tenancy of an adapted property that is not occupied by a person who needs the adjustments.
This only applies if the owner needs the property for someone who needs the adjustments. If this situation occurs, we will notify you before contacting the sheriff. We will offer you suitable alternative accommodation. You could ask the sheriff to check if our actions were reasonable and to question the appropriateness of the other accommodation. Updating your rental – have you informed us of any changes? If your home is being used for illegal or immoral purposes such as drug trafficking, prostitution, or criminal activities related to those activities, you are seriously violating your lease and the board will likely take steps to restore ownership of your home. There are a number of areas in West Lothian where dogs walking alone cause stress and anxiety, especially for children and the elderly. Always make sure your dog is kept on a leash in residential areas and only let him run when it`s safe. Permission is required to have a dog in your rental; this can be requested from your local housing office. All complaints about dogs should be directed to the Customer Service Center on 01506 280000. We may refuse permission to award a rental if it is reasonable for us to do so.
Two other grounds for refusing to apply for the existing list of grounds under section 32 of the Housing (Scotland) Act 2001 are as follows: Section 7(2) of the 2014 Act extends the circumstances in which we may provide you with notice of conversion of your Scottish secure tenancy to a Scottish secure short tenancy. This means that in certain circumstances we may change your lease to another type of lease called Short Scottish Secure Tenancy (SSST). A short Scottish secure rental gives you fewer rights and less protection against evictions than a Scottish secure rental. A Scottish short-term secure rental has a fixed term unless we agree to extend it or convert it into a Scottish secure rental. The 2014 Act changed some of the rules on when certain people can take over (take over) a Scottish secure tenancy after the tenant`s death. The Scottish Secure Rental Agreement requires you to obtain written permission before keeping a pet. If permission is granted, you will be asked to sign an agreement to comply with the applicable terms. To ensure that inheritance law is protected, you must have informed us that the person who wishes to contest a tenancy has moved in with you at the time they do so. A roommate occurs when two or more people sign a lease and jointly agree to comply with its terms. This is a legal agreement between you, all other common tenants and us. If you wish to add a roommate to your lease, you must obtain our written consent.
The person you want to add as a shared tenant must submit a request with you. In section 12(1) of the 2014 Act, the following amendments have been made: You must always keep your household data up to date. This is important because our decision may be based on the fact that you have been a tenant of the property for at least 12 months. In the case of assignment, colocation or inheritance requests, our decision is based on the fact that the person taking over the tenancy is registered by us as living in the property for at least 12 months. The 12-month period begins when we have been informed that the person lives in the property as a single or main house. Your rental agreement is a contract between you and us. It sets out the rights and obligations that you and we have. The Housing (Scotland) Act 2014 introduced a number of significant changes to tenants` rights under the terms of their lease. These changes were implemented in May 2019 and November 2019.
Section 14(2) of the 2014 Act introduced changes in the way a Scottish security tenancy can be terminated as follows: If we intend to terminate a Scottish security tenancy in this way, we will provide you with notice of the procedure. . . .