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The Housing ( Sc ) Bill 2013 -social sector allocations and tenancy changes

The Housing ( Sc ) Bill 2013 -social sector allocations and tenancy changes. The key proposed changes- Kate Dewar -Morton Fraser LLP. The Legal Position. Sections 3-16; Deal with in 3 parts Part 2-of the Bill Changes to allocations rules

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The Housing ( Sc ) Bill 2013 -social sector allocations and tenancy changes

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  1. The Housing (Sc) Bill 2013 -social sector allocations and tenancy changes The key proposed changes- Kate Dewar -Morton Fraser LLP

  2. The Legal Position. • Sections 3-16; Deal with in 3 parts • Part 2-of the Bill • Changes to allocations rules • Changes to the operation of Short Scottish Secure Tenancies –SSSTs and Scottish Secure Tenancies- SSTs

  3. Section 20 of the Housing (Sc ) Act 1987 [paraphrasing] social landlords shall secure that in selecting tenants a reasonable preference is given, (a) to persons who- • are occupying house which do not meet the tolerable standard or • are occupying over crowded housing or • have large families or • are living in unsatisfactory housing conditions; and • to homeless persons and persons threatened with homelessness List of factors not to be taken into account.

  4. Allocation Changes- (1) a social landlord must …..secure that in the selection of its tenants a reasonable preference is given to the persons mentioned in subsection (1ZA) and ss(1ZA) states these to be; (a) persons; (i) who are homeless and threatened with homelessness and (ii) have unmet housing needs   (b) persons who; (i) are living in unsatisfactory housing conditions and (ii) have unmet housing needs and (c) tenants of houses held by the social landlord which the social landlord considers to be under occupied. For the purposes of this section, persons have unmet housing needs where the social landlord considers the persons to have housing needs which are not capable of being met by housing options which are available.

  5. Short Scottish Secure Tenancies-ss 8-12 • Short SST for home owners. • Anti social behaviour- • Creation • Term • Extension of Term • Recovery of possession • homeowners

  6. Scottish Secure Tenancy- Proposals • Sections 13-16 of the Bill • Assignations, sub-lets and joint tenancies- • Qualifying period of 12 months before applying for assignations and sub-lets • 12 months residence period • Notification to social landlord of main residence • Grounds for refusal • Succession changes • Minimum Rights • Eviction after Criminal Conviction

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