Chwefror 12 af 2012
This information applies to Scotland only
Housing law is very complex and this information only gives a basic outline of public sector tenants' rights. Most people will need the help of an experienced adviser, such as:-
You are a public sector tenant if you live in property rented to you by:-
Anyone who is a tenant of the above will be a Scottish secure tenant or exceptionally a short Scottish secure tenant.
Scottish Homes ceased to function from the end of June 2005. All tenants of Scottish Homes are Scottish secure tenants.If you are an ex-Scottish Homes tenants you should consult an experienced adviser if there are problems about your rights, see under heading Specialist sources of advice for a list of sources of advice.
If you are a Scottish secure tenant you have the right to stay in your accommodation unless the landlord can convince the court that there are special reasons for eviction, for example, that there are rent arrears, damages to the property or that one of the terms of the agreement has been broken. For more details on eviction see under heading The right to stay in the accommodation.
You can enforce your rights, for example, to get repairs done, without worrying about being evicted. In addition to the right to stay in your home as long as you do not break the terms of the tenancy, you also have other rights by law including:-
For more details on repairs see under heading Repairs.
Some Scottish secure tenants may also have the right to buy.
For more details on the right to buy, see Scottish Government guide to your right to buy your home.
The tenant will have a written tenancy agreement which may give them more rights than those set out above.
You have the right to complain if you are not satisfied with the service provided by your local authority or housing association. If you are unhappy with the way in which your complaint is handled you can complain to the Scottish Public Services Ombudsman.
For more information about the Scottish Public Services Ombudsman, see How to use an ombudsman in Scotland.
If you were a secure or an assured tenant of a housing association immediately prior to 30 September 2002, you may have preserved rights from your previous tenancy and may need more specialist advice, see under heading Specialist sources of advice.
Public sector landlords can convert a Scottish secure tenancy to a short Scottish secure tenancy if a tenant or a member of the tenant's household has had an anti-social behaviour order granted against them. A short Scottish secure tenancy must be given for a minimum of 6 months and a maximum of 12 months. At the end of the term of the short Scottish secure tenancy, the landlord must either convert the tenancy back to a Scottish secure tenancy or end the tenancy. The landlord does not have to go to court for possession.
The rights of a short Scottish secure tenant are the same as those of a Scottish secure tenant, except that a Scottish secure tenant does not have
For more information on anti-social behaviour orders, see Antisocial behaviour
Rents for Scottish secure tenants are fixed according to the landlord's housing policy and guidelines from the Scottish Housing Regulator. Landlords must consult with tenants over rent increases and give them four weeks notice of any rent increase. While landlords must 'take account' of tenants' views, they are not bound by them and tenants have no further recourse over rents. A tenant cannot control the amount of rent payable, but may be able to claim housing benefit to help pay it.
For information on housing benefit, see Help with your rent – Housing benefit.
If you were a secure or an assured tenant immediately prior to 30 September 2002, you may have 'preserved rights' from your previous tenancy and may need specialist advice, see under heading Specialist sources of advice.
As a Scottish secure tenant you are entitled to have your accommodation kept in a reasonable state of repair.
There are certain repairs which will almost always be the landlord's responsibility, whether or not they are specifically mentioned in the tenancy agreement. Many landlords give details of these repairing obligations in their tenancy agreements, but whether they do or not, the landlord is still responsible for these repairs. These are:-
The landlord will not be responsible for:-
For problems with repairs see Getting repairs done while renting.
As a Scottish secure tenants you have the right to have certain repairs done within a specified time. This is called the Right to Repair. If these repairs are not carried out within a specified time (ranging from one to seven working days) of you reporting the need for the repair to the landlord, you may be able to have the repairs done and claim compensation up to a maximum of £350 from the landlord. Before getting any such work done yourself you should check that such repairs are covered by the Right to Repair scheme.
The scheme covers small (costing less than £350), urgent repairs, which if they are not carried out within a specified period would affect the tenant’s health, safety or security. These repairs include, for example, blocked drains, leaking roofs, broken entryphones and faulty heating systems.
For more information about the Right to Repair scheme see www.scotland.gov.uk/library5/housing/rtrl-00.asp
If you are public sector tenant with disabilities you may be able to have adaptations made to your home. You will first have to get the need for any adaptations assessed by the local authority department with responsibility for social work. Adaptations could include the installation of a stair lift or hoist or changes to a bathroom or toilet.
If you want to get an adaptation carried out you should consult an experienced adviser for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
You may also be able to get a grant to make the home more suitable.
A landlord must ensure that any gas appliances s/he provides are safe. S/he must arrange for safety checks on appliances to be carried out at least once every twelve months. The inspection must be carried out by someone who is registered with Gas Safe Register. Their website is www.gassaferegister.co.uk.
The landlord must also keep a record of the date of the check, any problems identified and any action taken. As a tenant you have the right to see this record as long as you give reasonable notice.
If your landlord does not arrange for checks or refuses to allow you to see the record of the check, you could contact the local Health and Safety Executive office.
The HSE also operates a Gas Safety Advice Line 0800 300 363 (until 8pm each day).
For more advice on ways of getting repairs done, see Getting repairs done while renting.
As a Scottish secure tenant you have the right to stay in the accommodation as long as you keep to the terms of the tenancy agreement with the landlord. However, if the tenancy agreement is broken, for example, because of rent arrears or nuisance to neighbours, the landlord can serve a notice (of "proceedings for possession") on you and apply to the sheriff court for an eviction order.
A public sector landlord can only evict a Scottish secure tenant if they give the tenant proper notice and if one of the 'grounds for possession' applies.
What constitutes 'grounds for possession' is complicated and if your landlord is seeking eviction you should consult an experienced adviser for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
The landlord must apply to the sheriff court to seek possession of the property and a Scottish secure tenant can only be evicted if the court grants a possession order to the landlord.
A local authority, housing association or other social landlord must not discriminate against you because of your disability, gender reassignment, pregnancy and maternity rights, race, religion or belief, sex or sexual orientation. This means that they are not allowed to:-
If you think your landlord is discriminating against you because of your disability, gender reassignment, pregnancy and maternity rights, race religion or belief, sex or sexual orientation, you should get advice from an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
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