Short Scottish Secure Tenancies for antisocial behaviour and miscellaneous changes: statutory guidance for social landlords

11. Extension To The Term Of A Short SST For Antisocial Behaviour

11.1 A new power for landlords which allows them to apply a one-off extension of 6 months to a 12 month short SST given on antisocial behaviour grounds in certain circumstances, is introduced by section 10 of the 2014 Act which inserts a new section 35A in the 2001 Act. This flexibility to extend the term of a short SST on any of the antisocial behaviour grounds could for example, give more time for housing support services to have an effect where the tenant’s behaviour has not yet reached the standard required for a permanent tenancy. Where the behaviour has not improved sufficiently, landlords can consider whether to give a 6 month extension to the short SST or seek repossession of the property.

11.2 The short SST can be extended by 6 months from the date which would otherwise have been the expiry of the 12 month tenancy. Section 35A(2) of the 2001 Act however states that such an extension may not be made unless –
“(a) the tenant is in receipt of housing support services, and
(b) the landlord has, on or before the day which is 2 months before the day which would otherwise be the day of expiry of the tenancy, served on the tenant a notice informing the tenant of –
(i) the extension, and
(ii) the reasons for the extension”

11.3 Landlords will therefore have to review the existing provision of housing support services well in advance of the expiry of the 12 month tenancy in cases where they are considering applying a 6 month extension. This is to allow sufficient time for housing support services to be in place if this is not already the case. It is also to give sufficient time to provide the tenant with the 2 months’ notice of the extension and the reasons for this, to prevent the tenancy automatically converting to an SST at the end of the 12 months.

11.4 Section 35A of the 2001 Act does not prescribe the form of notice to be issued to the tenant informing them about the extension and landlords will need to develop their own form for this purpose.

11.5 Section 35A(3) of the 2001 Act states that-
“A landlord may not give notice if the landlord has previously given a notice under subsection (2) in relation to that short Scottish secure tenancy”.

11.6 This means that a 6 month extension can only be used once for any short SST given for antisocial behaviour.