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

2. Purpose And Use Of The Short SST For Antisocial Behaviour

2.1 A short SST is one of a range of measures that landlords can use to tackle antisocial behaviour. It is aimed at encouraging tenants, or members of their household who repeatedly engage in antisocial behaviour, to stop the behaviour and sustain their tenancy, by taking away some of their tenancy rights without the need for court action.

2.2 The 2001 Act gave landlords the power to give a short SST on antisocial behaviour grounds to a prospective tenant in the following circumstances:

• where an eviction order has been made against the prospective tenant (or any one of prospective joint tenants) by the courts in the previous 3 years because of their antisocial behaviour^[13]; or
• where the prospective tenant (or any one of prospective joint tenants) or anyone who would live with them, is subject to an antisocial behaviour order^[14].

2.3 The 2001 Act also gave landlords the power to convert an existing SST to a short SST as a result of antisocial behaviour where:

• the tenant (or any one of joint tenants), or a person living with them or lodging with them, or a subtenant of the tenant is subject to an antisocial behaviour order^[15].

2.4 These powers enable landlords to make it clear to new and existing tenants in the categories at 2.2 and 2.3 that their past behaviour is not acceptable and that if it is repeated they risk losing their home.

2.5 The changes in the 2014 Act give landlords an equivalent power to give a short SST to a prospective tenant in cases where the prospective tenant, visitors to their current accommodation, or anyone who is likely to live with them in their new property, has within the last 3 years behaved antisocially towards another person living in, visiting or carrying out lawful activity in the locality of a house occupied by the prospective tenant, or by a person who it is proposed will live with the prospective tenant^[16].

2.6 For existing tenants, the 2014 Act gives landlords a power to convert an existing SST to a short SST where the tenant, a person living with or lodging with the tenant, a subtenant of the tenant, or any visitors to the house has, within the previous 3 years, behaved antisocially towards another person living in, visiting or carrying out lawful activity in the locality of a house occupied by the person^[17]. This and the new ground mentioned at paragraph 2.5 are referred to throughout this guidance as the ‘other antisocial behaviour’ grounds. These new powers do not depend on a court order being obtained.

2.7 Giving a tenant a short SST on any of the antisocial behaviour grounds set out above is a significant step that will have consequences for both tenant and landlord. For tenants this means that their tenancy rights, including security of tenure, will be limited^[18]. For landlords this means ensuring that any housing support identified by the landlord as being required to help make the tenancy sustainable, is made available^[19]. If the landlord identifies the need for support but the support cannot be provided, they should instead consider alternative measures to address the antisocial behaviour.

2.8 Landlords will also need to monitor the behaviour regularly to determine whether it has improved sufficiently to allow the tenancy to convert to an SST automatically at the end of the 12 month term. This is likely to include monitoring further complaints and their outcome and maintaining contact with the tenant and with those affected by the antisocial behaviour. Effective monitoring will also ensure that landlords can comply with the legal requirements for extending the term of the tenancy by 6 months or ending the tenancy, if it becomes necessary. Landlords should consider setting timescales for reviews in their case monitoring arrangements.

2.9 Landlords will not routinely want to use a short SST for low-level breaches of tenancy agreements, such as not cleaning stairs, or maintaining gardens and will want to ensure that it is appropriate and proportionate in all the circumstances. Landlords are also likely to have put in place a range of measures to deal with any antisocial behaviour by existing tenants such as official warnings and offer of appropriate support before considering the use of a short SST on the new ‘other antisocial behaviour’ ground. In deciding what action to take landlords should take into account the impact the behaviour is having on household members, neighbours or others in the community.

2.10 The use of a short SST when any of the antisocial behaviour grounds are met is not mandatory. Landlords wishing to use this power will wish to ensure that they have clear, well-documented evidence which sets out their reasons for giving a short SST. Further guidance on what evidence landlords should consider before using a short SST on ‘other antisocial behaviour’ grounds is provided at section 4.