Secure Tenancies (Local Authority, Scottish Homes And Housing Associations)

Assured Tenancies (Housing Associations)

Single Social Tenancies

Terms of model agreement

Core rights

Comments/Additional rights

Security of Tenure

Tenant cannot be evicted without a Court Order.

Tenant cannot be evicted without a Court Order. Slightly different procedures for serving notice and gaining possession.

As secure tenancy — no eviction without court order

Right of succession

Surviving spouse (or person living as husband or wife of the tenant) may succeed to tenancy on death of tenant. Another member of the family who has lived with the tenant may also succeed.

More limited. The surviving spouse (or person living as husband or wife of the tenant) can succeed.

As secure tenancies

Extend core right to cover tenant’s partner , including same sex partner or another member of the tenant'’ household who has resided with the tenant for 12 months prior to the tenant’s death.

Give enhanced rights to create a further, second right of succession; to cover members of succeeding tenant'’ household where that tenant dies and successor is in occupation of house and has been for a period of time (to be determined) or who has given up own local authority/ housing association property to care for deceased tenant or tenant’s children.

Right to Buy

Secure tenants have RTB with discount.

Public sector tenants who have transferred under stock transfers have preserved RTB.

As secure tenants but subject of separate discussions

Rent

Fixed by landlord after 4 weeks notice or, for housing association tenants, by the Rent Officer (every 3 years). Restrictions on rents for sub-tenants and in relation to tenant improvements.

Set by the housing association. Special procedure for increase in rents of statutory assured tenants applies in some cases.

As secure tenants

Repairs

Tenant has right to get certain repairs done at council’s expense and to get compensation for council’s failure to do these repairs.

Equivalent voluntary scheme operated by some housing associations, but no legal right.

As secure tenants

Improvements

Tenant can carry out work with the consent of the landlord, which may not be unreasonably withheld. Some improvements may qualify for compensation at the end of the tenancy.

Only if agreed between the landlord and tenant and set out in the tenancy agreement.

As secure tenants.

Feedback from landlords suggests that it would be of benefit to both landlords and tenants to have the same rights in law to carry out improvements and to receive compensation for such work.

Consultation and participation

Only legal right is the right to be consulted over proposals to transfer.

No rights.

Introduce right to consultation

New core right .

Feasibility work on right to participate due to report in Autumn 2000

Right to manage

Tenants have the right to seek to manage.

No similar rights.

As secure tenants

Intended for use where landlord unwilling to enter into agreement to manage. Not used so far in Scotland. Existing tenant management agreements under voluntary arrangements.

Information

Tenants have a right to a written tenancy agreement and to see the rules governing allocation of housing. Local authority tenants also have the right to information on housing management performance.

Tenants have a right to a written tenancy agreement and to see the rules governing allocation of housing.

As secure tenants

Assigning, sub-letting, lodgers

Secure tenancy can be assigned or sub-let with the consent of the landlord (which may not be unreasonably withheld). Similarly lodgers can be taken in with the permission of the landlord.

Landlord’s permission required for any of these actions.

As secure tenants. Right to assign and to sub-let should be subject to landlord’s consent which should not be unreasonably withheld.

Consider enhanced core right to exchange

Complaints

Housing Association Ombudsman and Local Government Ombudsman are operational.

Housing Association Ombudsman.

Local Government Ombudsman and Housing Association Ombudsman