Social housing

Social housing in Scotland is housing owned and managed by public authorities (mainly councils) and housing associations (registered social landlords or RSLs).

We want to make sure that everyone in Scotland, no matter their financial situation, has access to good quality housing. So we support social landlords to provide affordable accommodation, allocated according to need.

Actions

We are:

• increasing the amount of council housing and protecting social housing for the future by ending the right to buy
• making sure that councils' and RSLs' housing stock meets the Scottish Housing Quality Standard
• supporting good practice in housing management by providing advice and guidance for social landlords
• ensuring that social landlords are monitored through the Scottish Housing Regulator
• promoting tenant participation by providing advice and guidance for tenants' organisations and social landlords
• reducing the negative impacts of the UK Government's housing benefit reform
• supporting affordable housing via the Building Scotland Fund

Background

The Right to Buy was abolished for all social housing tenants in Scotland by the Housing (Scotland) Act 2014. This will preserve housing stock for the future and means that social landlords will receive a steady rental income.

The Act changed allocation rules for social landlords to increase flexibility and allow them to make the best use of social housing. It also allows landlords to issue Short Scottish Secure Tenancies (Short SSTs) to address antisocial behaviour, and help homeowners in genuine housing need.

Bills and legislation

• Housing (Scotland) Act 2014 protects tenants’ interests, supports improvements to housing quality and secures better outcomes for communities

• Housing (Scotland) Act 2010 introduced the Scottish Housing Charter which sets 16 standards and outcomes that all social landlords should be meeting

Social housing provisions in the Housing (Scotland) Act 2014

The Housing (Scotland) Act 2014 changes some aspects of the law on social housing allocations and management. The new provisions come into force in May and November 2019 and more detail on commencement can be found in the Commencement Order (The Housing (Scotland) Act 2014 (Commencement No.8, Savings, Transitional and Supplemental Provisions) Order 2018)).

• More information for social landlords about the commencement arrangements.

In addition, regulations amend certain statutory notice forms for Scottish secure and short Scottish secure tenancies from 1 May 2019. These are:

• The Scottish Secure Tenancies (Proceedings for Possession) (Form of Notice) Amendment Regulations 2018
• The Short Scottish Secure Tenancies (Notice) Regulations 2018
• The Short Scottish Secure Tenancies (Proceedings for Possession) Regulations 2018

Revised Model Scottish Secure and Short Scottish Secure Tenancy Agreements have been prepared for tenancies created on or after 1 May 2019. These are:

• Model Scottish Secure Tenancy Agreement 2019
• Model Short Scottish Secure Tenancy Agreement (Antisocial Behaviour Related Grounds) 2019
• Model Short Scottish Secure Tenancy Agreement (Grounds Unrelated to Antisocial Behaviour) 2019

The Scottish Government has developed guidance to help landlords use the social housing provisions in the 2014 Act. The following guidance has now been formally published:

• The Legal Framework for Social Housing Allocations - Statutory Guidance
• Minimum Period For Applications To Remain in Force - Suspensions Under Section 20B of the Housing (Scotland) Act 1987 - Statutory Guidance
• Short Scottish Secure Tenancies For Antisocial Behaviour And Other Miscellaneous Changes To Short Scottish Secure Tenancies - Statutory Guidance
• Streamlined Eviction Process - Criminal or Antisocial Behaviour - Statutory Guidance
• The Short Scottish Secure Tenancy for Homeowners - Guidance for Social Landlords
• Recovery of Possession of Properties Designed or Adapted for Special Needs - Guidance for Social Landlords
• Scottish Secure and Short Scottish Secure Tenancies - Assignation, Subletting, Joint-Tenancies and Succession - Guidance for Social Landlords

To help landlords undertake training on the changes being introduced by the 2014 Act, we have made PowerPoint presentations with speakers' notes available. Landlords can adapt to reflect their own allocations and housing management policies. They do not constitute legal advice and users of the material should bear in mind the disclaimer at the start of the presentations.

 

Contact

Email: ceu@gov.scot

Telephone: 0300 244 4000

Post: Scottish Government
Housing and Social Justice Directorate
Victoria Quay
Edinburgh
EH6 6QQ