Short Scottish secure tenancy (antisocial behaviour related grounds): model agreement 2019

10. General Provisions

10.1 Management Services

You have the right, in terms of section 55 of the Housing (Scotland) Act 2001 together with others in a tenant management co-operative, to seek to exercise the management of one or more aspects of the housing service that we provide. We will provide more details to you about this right on request.

10.2 Permissions

• Where this Agreement requires you to obtain our permission for anything you must make your request in writing. We will not refuse the request unreasonably.
• If we refuse permission, we will tell you what the reason is. We will give you our decision in writing as soon as possible.
• We may give you permission on certain conditions. We may withdraw our permission if the activity which we have given you permission for is antisocial to anyone in the neighbourhood.
• If you object to our decision, you can appeal using our complaints procedure.
• If the request for permission is about taking a lodger, subletting, assignation, exchanging the house or adding a joint tenant (see Part 4 of this Agreement), we will reply to your written request within one month of receipt of the written application. If we do not reply within one month, we are taken to have agreed to your request. If we refuse this kind of permission, we will notify you of the reasons for our refusal in writing within one month of receipt of your application. If you are unhappy about our refusal you have the right to make application to the sheriff.
• If the request for permission is about alterations or improvements, etc. to the house (see paragraph 5.21 of this Agreement), we will reply to your written request within one month of receipt of the written application. In that reply we will tell you if we agree to the proposed alterations, etc. and if so, whether we attach any conditions. If we do not reply within one month, we are taken to have agreed to your request. If we refuse this kind of permission, we will let you know in writing our reasons for refusal within one month of receipt of your written application. If you are unhappy about our refusal or the conditions that we have attached, you have the right to make application to the sheriff.
• If the request for permission is about changing the terms of the tenancy relating to your use or enjoyment of the house (see paragraphs 2.4 and 2.19) and we refuse permission, you have a right of application to the sheriff.

10.3 Notices

• If you want to send any form of document to us, it will be sufficient if you send or deliver it to us at our headquarters or our local office. If we want to give you any document, we will deliver it to you, leave it at your last known address or send it by recorded delivery to your last known address. We will assume that this is your current address and that all documents to you should be sent there unless you tell us that you want anything to be sent to another address.
• If you are notifying us that someone is moving into or out of the house or any other changes in the household you should follow the process set out in our [tenant handbook/website etc.] and only notice given in this way will be accepted by us for the purposes of granting permission for any subletting, assignation or joint tenancies.

10.4 Completion of this Agreement

By signing below, you are completing a legally binding contract committing you to all of the terms of this Agreement. This Agreement does not terminate any existing tenancy. The terms and conditions of this Agreement replace the terms and conditions under any other tenancy agreement that you had with us, immediately before this Agreement came into effect, in relation to the house. By signing below, you are also confirming that you have already been served with a notice under section 34(4) of the Housing (Scotland) Act 2001 telling you that this is a short Scottish secure tenancy, why you have been offered this tenancy and how long the tenancy is for.

SIGNED FOR LANDLORD:

NAME:

WITNESS NAME:

WITNESS SIGNATURE:

WITNESS ADDRESS:

DATE:

SIGNED BY TENANT/JOINT TENANT:

WITNESS NAME:

WITNESS SIGNATURE:

WITNESS ADDRESS:

DATE:

SIGNED BY TENANT/JOINT TENANT:

WITNESS NAME:

WITNESS SIGNATURE:

WITNESS ADDRESS:

DATE: