Improving Gypsy/Traveller sites: progress summary

Core Rights and Responsibilities for Gypsy/Traveller Site Tenants

Gypsy/Traveller site tenants should each have their own individual occupancy agreements with the site provider. This sets out the contract between the site provider (the LA or RSL) and the tenant, and cover things such as use of facilities, repairs, payment for pitches, and arrangements for ending a tenancy. In 2015 there was little consistency of approach in terms of tenancy agreements, with each site provider developing their tenancy agreement in isolation from other providers.

This approach meant that Gypsy/Traveller site tenants lacked a central document that set out their core rights and responsibilities, and what they could expect at any Gypsy/Traveller site in the country. This was in contrast to tenants of social housing, who are able to refer to the legal framework for the Scottish Secure Tenancy ( SST) which sets out certain rights and responsibilities.

The EOC report Where Gypsy/Travellers Live called for the kind of consistency that social tenants have with the SST for Gypsy/Travellers. The Gypsy/Traveller Site Working Group considered issues including site occupancy agreements as part of its work in 2014.

In light of the Group's discussions, the Scottish Government decided to set out core rights and responsibilities for site tenants to introduce consistency across Scotland in what site tenants can expect, while allowing site providers suitable flexibility to produce occupancy agreements that reflect local circumstances. These were discussed with Gypsy/Traveller site tenants, and developed with input from housing professionals, stakeholders with links to the Gypsy/Traveller community, and others. The core rights and responsibilities also took into account the terms of the occupancy agreements already developed by site providers and were written from the perspective of a site tenant, to provide straightforward information on their rights and responsibilities.

In summary the core rights and responsibilities cover:

• Fair treatment. The need to treat site tenants fairly;
• Amenity block standards. The need for amenity blocks to meet certain specific standards;
• Repairs. Timescales for carrying out repairs;
• Ending a tenancy. Arrangements for ending a tenancy, and for a tenancy to be passed on;
• Consultation. The need to consult site tenants about specified matters;
• Information and complaints. The need to provide written information and a complaints procedure;
• Behaviour. Minimum standards of behaviour expected from a site tenant;
• Care of a pitch. Expected standards of care of a pitch;
• Leaving a pitch. Arrangements for leaving a pitch.

Site providers should reflect these core rights and responsibilities in their occupancy agreements. These set out what Gypsy/Traveller site tenants should expect, and what is expected of site tenants themselves. They introduce consistency across Scotland in what rights and responsibilities site tenants can expect, while allowing site providers suitable flexibility to produce occupancy agreements that reflect local circumstances.

Of the 17 site providers, ten reported that site residents have occupancy agreements that reflect the core rights and responsibilities set out in the guidance. Five others are in the process of drafting and consulting on new agreements and should have them in place by the June 2018 deadline. The tenants we spoke to and the completed questionnaires we received supported this with the majority of tenants confirming that they had occupancy agreements that set out their rights and responsibilities.

Two providers do not appear to have suitable occupancy agreements and it is not clear if this will be rectified before the deadline: Clackmannanshire Council did not answer the question or provide a copy of the agreement. City of Edinburgh Council report that their occupancy agreement partially meets the requirements and they are considering revising it.