Minimum period for applications to remain in force - suspensions under section 20B of the Housing (Scotland) Act 1987: statutory guidance

1. Introduction

1.1 Section 6 of the Housing (Scotland) Act 2014 (“the 2014 Act”) provides an additional power to social landlords to impose suspensions on applications for social housing. Section 6 amends the Housing (Scotland) Act 1987 (“the 1987 Act”) to introduce a new section 20B. This gives a legislative basis for suspending applicants from receiving an offer of housing for a period of time from the date they apply for housing. It creates an exception to section 20(2)(b) of the 1987 Act, which otherwise prevents a requirement that an application must have remained in force for a minimum period before the applicant is eligible for a housing allocation.

1.2 This document provides statutory guidance on the category of suspensions created by section 20B and the legal requirements social landlords must comply with. These new provisions provide social landlords with an additional power to impose suspensions in a set of specific circumstances set out in section 20B. The new provisions do not replace social landlords’ existing suspensions policies but social landlords will want to review their policies in the light of the new provisions. This guidance and the new provisions will take effect from 1st May 2019^[1].