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A New Single Social Housing Tenancy for Scotland: Rights, Obligations and Opportunities

    Implementation and Retrospectivity

  1. Implementation of the legislation introducing the single social tenancy could either be ‘big bang’ or phased. A ‘big bang’ approach would involve all relevant social housing tenancies converting at the same time. Alternatively, a phased implementation would involve all new tenancies and existing secure tenancies converting to the single social tenancy on a given date but with further consultation on the arrangements under which existing assured tenancies would convert to a single social tenancy.

  2.  If the new tenancy is to be applied retrospectively to all social tenants, it will be a time consuming and expensive process. If, on the other hand, the new tenancy is not to be retrospective, it will be many years before it has the desired effect of ending the anomalies and obstacles inherent under the present secure and assured tenancy regimes. Indeed it will simply add to the confusion by introducing a third social sector tier and the perception that some tenants are being short changed.

  3. Our priority in any new arrangement will be to secure common rights rights for all our tenants as quickly as possible, provided that this does not prejudice the viability of landlords. We anticipate that the forthcoming legislation would set out the core rights of the single social tenancy. In agreement with tenants, landlords would be able to add further contractual rights reflecting local arrangements. The implementation process would begin with a period in which landlords would open negotiations with tenants on the contractual rights to be included in new tenancy agreements resulting from the change.

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