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

12. Conversion To A Scottish Secure Tenancy (SST)

Circumstances for Automatic Conversion

12.1 Section 37 of the 2001 Act sets out the circumstances when a short SST given on any of the antisocial behaviour grounds is automatically converted to an SST.

12.2 Section 10(2) of the 2014 Act amends section 37 to reflect the fact that a short SST can be extended. The amendments ensure that where a tenancy is a short SST given on any of the antisocial behaviour grounds and the landlord has not served a notice of proceedings for recovery of possession of the tenancy on the tenant before the expiry of the “relevant period”, the tenancy becomes an SST with effect from the expiry of the “relevant period”.

12.3 Section 37(1A) of the 2001 Act defines the “relevant period” for the purposes of conversion to an SST as follows:
“The “relevant period” is:
(a) the period of 12 months following the creation of the tenancy, or
(b) if an extension notice has been served under section 35A of the 2001 Act, the period of 18 months following the creation of the tenancy.”

Cases Where a Notice of Proceedings Has Been Served

12.4 Where the tenancy is a short SST on any of the antisocial behaviour grounds and the landlord has served a notice of proceedings for recovery of possession of the tenancy on the tenant within 12 months of creation of the tenancy (or 18 months in cases where an extension notice has been served following creation of the short SST),^[42] and either the notice:

• is no longer in force;^[43] or
• has been withdrawn by the landlord without eviction proceedings having been raised

the tenancy becomes an SST with effect from the date on which:

• the notice ceased to be in force;
• the notice was withdrawn; or
• the expiry of the 12 month period from the creation of the tenancy (or the expiry of 18 months from the creation of the tenancy in cases where an extension notice has been served), whichever is the later.

Cases Where an Eviction Decree is not Granted by the Courts

12.5 If eviction proceedings have been raised in relation to a tenancy which is a short SST on any of the antisocial behaviour grounds but an eviction decree is not granted by the courts, the tenancy becomes an SST with effect from:

• the date on which the proceedings were finally determined; or
• the expiry of the 12 months from the creation of the short SST for antisocial behaviour (18 months in cases where an extension notice has been served following the creation of the short SST),

whichever is the later.

12.6 Proceedings are finally determined when the appeal period has expired without an appeal being lodged, or where an appeal is lodged the appeal is withdrawn or finally determined.

Notifying Tenants When a Short SST Becomes an SST

12.7 As is currently the case, when a short SST becomes an SST, the landlord must notify the tenant of this and of the date on which the tenancy becomes an SST^[44]. To ensure the tenant has a record of the conversion of their tenancy to an SST, landlords will want to advise the tenant of this in writing, for example, by letter or email. Landlords will also want to take the opportunity to meet with the tenant to reinforce the rights and responsibilities they have under the SST and the consequences of further antisocial behaviour.

12.8 Where an SST is converted to a short SST on antisocial behaviour grounds and then converted back to an SST after a period of 12 months (18 months in cases where an extension applies), the provisions of the 2001 Act which were excluded by section 34(6) whilst the tenancy was a short SST, will then apply to the SST.

12.9 If antisocial behaviour recurs after the tenancy converts to an SST, it is for the landlord to decide on the most appropriate course of action. This could include applying for an ASBO or taking eviction action^[45].

Monitoring Progress

12.10 As conversion to an SST takes place automatically at the end of the 12 month term for all short SSTs on antisocial behaviour grounds (unless extended), landlords will want to have systems in place to monitor this, and in particular, to have systems in place to review the tenancy to allow for 2 months’ notice if the landlord wishes to extend the tenancy by a further 6 months or end the tenancy.