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

7. Housing Support Services

Short SSTs on ‘Other Antisocial Behaviour Grounds’ and Provision of Housing Support

7.1 Section 7(1)(a) of the 2014 Act amends section 34(7) of the 2001 Act to add short SSTs created under the new ‘other antisocial behaviour ground’^[27] to those short SSTs where landlords have a duty to consider whether housing support services are needed to enable the tenancy to convert to an SST at the end of the term. This is different to the housing support services which landlords are under a duty to provide if their assessment of a homeless household indicates that the household is in need of support^[28].

7.2 The changes made by section 7(1)(a) of the 2014 Act mean that when offering or converting a tenancy to a short SST on any of the antisocial behaviour grounds, the landlord must ensure that any housing support it considers to be appropriate is made available for each case. This is to encourage and support a positive change in behaviour to help the tenant to sustain their tenancy and have their tenancy converted to an SST at the end of the 12 month term. Landlords will need to decide what support is required in consultation with other agencies and support services.

7.3 Housing support services that may help the tenancy to convert to an SST at the end of the term include any service which provides support, help, advice or counselling to an individual with particular needs so that individuals are able to occupy, or continue to occupy, a house as their home^[29]. Some examples of this could include drug or alcohol rehabilitation programmes, or social work support.

7.4 For cases where the term of the short SST for antisocial behaviour is being extended, landlords should see section 11 of this guidance on providing housing support services.

Refusal or Failing to Engage with Support Offered

7.5 Where a prospective tenant refuses support or might fail to take up or engage with the support being made available, the landlord will need to decide whether it wishes to offer the short SST on the basis that the behaviour will improve without support. Alternatively the landlord may, if they wish, decide to make acceptance of support a condition of the short SST offer.

7.6 If antisocial behaviour escalates it is no longer possible to bring a short SST on any of the antisocial behaviour grounds to an end after 6 months using the special repossession procedures for short SSTs^[30]. The special repossession procedures can now only be used at the end of the term. The term is 12 months^[31] following the creation of the tenancy unless the term has been extended in terms of section 35A. It is therefore important that the landlord ensures that any support it considers appropriate to assist the tenant to change their behaviour and sustain the tenancy is made available from the outset.

7.7 The landlord can however still take eviction action against the tenant during the 12 month term (or 18 month term in the case of an extension) of the short SST if it becomes necessary, by using the procedures at section 14 of the 2001 Act. Further information on repossession can be found at section 13 of this guidance.