Scottish secure tenancy: model agreement 2019

2 Use Of The House And The Common Parts And Telling Us About Changes To Who Is Living In Your Home

2.1 You must take entry to the house, occupy and furnish it and use it solely as your only or principal home. You are entitled to have members of your family occupying the house with you, as long as this does not lead to overcrowding.

2.2 You must tell us who is living in the house including when anyone moves in or out. If you do not inform us of changes in the household this may impact on your ability to make changes to the tenancy and for others to succeed to this tenancy. You should tell us as soon as there is any change in those who are living in your house.

2.3 You, those living with you, and your visitors must take reasonable care to prevent damage to:

• the house;
• decoration;
• [our furniture];
• the fixtures and fittings;
• the common parts;
• your neighbours’ property.

For example:

• before you leave the house unoccupied, you must check reasonably thoroughly that there is no risk of damage from fire, water or gas supplies in your house;
• you must tell us if you intend to go away, for more than four weeks and your house will be unoccupied during that time;
• if your house is going to be unoccupied for any length of time, and there is a risk of water pipes freezing when you are away, you must tell us before you leave.

2.4 You and anyone living with you must not run any kind of business from the house. However, if you ask us, we may give permission. See paragraph 10.2 of this Agreement for more information about doing this. If we give permission, we may also increase your rent.

2.5 You must not allow your house to become overcrowded. If the overcrowding is as a result of an increase in the size of your family living with you, you should apply to us for a house transfer. We will try to get you a larger house. In this circumstance only, we will not treat you as being in breach of this condition. However, if we offer you suitable alternative accommodation you must agree to take it unless there are good reasons for not taking it.

2.6 [KEEPING OF PETS. This paragraph should state the conditions relating to pets. This paragraph may cover the following issues:

• number of pets (if any) allowed;
• types of pets allowed;
• definition of pet;
• whether permission needs to be obtained for the keeping of pets, how that is to be obtained and the criteria applied;
• the general conditions applying to all permitted pets. The following are some of the conditions that may be applied:
  • Keeping your pet is not prohibited by the Dangerous Dogs Act 1991, or by any other law;
  • You are responsible for the behaviour of any pets owned by you or anyone living with you;
  • You must take all reasonable steps to supervise and keep such pets under control;
  • You must take all reasonable steps to prevent such pets causing nuisance, annoyance or danger to your neighbours. This includes fouling or noise or smell from your domestic pet;
  • You must take reasonable care to see that such pets do not foul or cause damage to the house, your neighbour’s property, anything belonging to us or anything we are responsible for, such as the common parts;
  • Landlord entitled to require removal of the pet if causing nuisance or damage;
  • Tenant responsible for cleaning up dog faeces.

2.7 You must not use or allow the house to be used for illegal or immoral purposes. This includes but is not limited to the following: dealing in controlled drugs; running a brothel; dealing in stolen goods; illegal betting and illegal gambling.

2.8 While you are in occupation of the house, you must make reasonable efforts to heat the house, taking into account your income. You must make reasonable efforts to ventilate the house using any suitable means provided in the house for doing so.

2.9 You must take your turn, with all other tenants and owner-occupiers sharing the common parts, in keeping them clean and tidy. If you share a common stair, you must also take your turn in regularly cleaning, washing and keeping tidy the common stair, its windows, banisters and any bin chute accesses. If you and the others cannot agree on the arrangements for doing this or you fail to do the work, we are entitled to decide exactly what you should do and when. Before making our decision, we will consult with you and the others. Our decision will be binding on you. If you do not do the work contained in this paragraph, we may do it ourselves and charge you for it. This is in addition to any other legal remedies open to us.

2.10 You must comply with any local arrangements for the use and sharing of the common parts including drying greens and drying areas. You must comply with any local rotas for the use and sharing of the common parts. In cases of dispute between the users of the common parts, we are entitled to decide the arrangements and rotas for the use of and the sharing of the common parts. Before making our decision, we will consult with you. Our decision will be binding on you.

2.11 If you have exclusive use of a garden attached to the house, you must take reasonable care to keep it from becoming over-grown, untidy or causing a nuisance (unless we have agreed to take care of it). If you fail to do this, we are entitled to decide exactly what work requires to be done so as to comply with this duty. Before making our decision, we will consult with you. Our decision will be binding on you. If you do not do the work contained in this paragraph we may do it ourselves and charge you for it. This is in addition to any other legal remedies we may have. You must not remove, chop down or destroy any bushes, hedges or trees without our written permission [unless you planted them].

2.12 If you share a garden with others, you must take your turn with them to keep it from becoming overgrown, untidy or causing a nuisance (unless we have agreed to take care of it). If you and the others cannot agree on the arrangements for doing this or you fail to do the work, we are entitled to decide exactly what you should do and when. Before making our decision, we will consult with you and the others. Our decision will be binding on you. If you do not do the work contained in this paragraph, we may do it ourselves and charge you for it. This is in addition to any other legal remedies we may have. You must not remove, destroy or chop down any bushes, hedges or trees without our written permission [unless you planted them].

2.13 No property belonging to you or anyone residing with you or anyone visiting you, including bicycles, motorcycles or prams, should be stored in any of the common parts except in areas set aside for storage. You must not do anything which causes inconvenience or danger to anyone using the common parts.

2.14 You must put all your household rubbish for collection in the bin store or other proper place allocated for it. You must take reasonable care to see that your rubbish is properly bagged. If rubbish is normally collected from the street, it should not be put out earlier than the evening before the day of collection. Rubbish containers should be returned to their normal storage places as soon as possible after the rubbish has been collected. You must comply with the local arrangements for the disposal of large items (such as large electrical items).

[2.15 USE OF HEATERS FIRED BY PARAFFIN AND L.P.G. Here may be inserted provisions, if desired, relating to the use of heaters fired by liquid petroleum gas (such as Calor gas heaters) or paraffin. The provisions may deal with matters such as whether such heaters are allowed, in what type of accommodation and the maximum number of such heaters.]

[2.16 STORAGE OF LPG AND PARAFFIN. Here may be inserted provisions, if desired, relating to the storage of LPG and paraffin. The provisions may deal with the maximum amount that may be stored and where as well as conditions relating to safety precautions]

2.17 No vehicle, caravan or trailer belonging to you or anyone living with you or anyone visiting you may be parked on our land unless:

• that land is set aside for parking; OR
• we have given you written permission; OR
• it is a public road;

AND, in every case,

• it does not cause a nuisance or annoyance to your neighbours.

2.18 Nothing belonging to you or anyone living with you or your visitors may be left or stored on our land unless:

• the land is set aside for that purpose; OR
• we have given you written permission;

AND, in every case,

• it does not cause a nuisance or annoyance to your neighbours.

2.19 If you want to change any part of this Agreement which restricts your use or enjoyment of the house, you must first ask us in writing. If we refuse, you have a right to make an application to the sheriff. See paragraph 10.2 for more details.