Short Scottish Secure Tenancy for homeowners: guidance for social landlords

6. Exclusions from taking property ownership into account

6.1 There are a number of specific circumstances where landlords are prevented from taking account of the ownership or value of heritable property owned by the applicant or by a person who lives with or who it is proposed will live with the applicant. These circumstances are:

• where the property has not been let, and the owner cannot secure entry to the property. This could, for example, be where it is not safe to enter the property due to severe structural faults or where there are squatters living in the property;
• where it is probable that occupying the property will lead to abuse from someone currently living in the property;
• where it is probable that occupying the property will lead to abuse from someone who previously resided with the applicant whether in that property or elsewhere; and
• where occupation of the property may endanger the health of the occupants and there are no reasonable steps that can be taken by the applicant to prevent that danger.

6.2 Where any of these circumstances apply, landlords cannot have regard to property that the applicant owns in deciding whether to allocate a tenancy. However, in deciding what sort of tenancy to allocate, a landlord may consider granting a short SST for homeowners. Such a tenancy might be considered appropriate in the circumstances listed at paragraph 6.1, if they are short-term in nature and the landlord’s assessment of the homeowner’s housing need is that it is a temporary need.

6.3 Where an applicant has a level of housing need that is permanent, long-term and where social housing is the most suitable housing option given the circumstances of the household, landlords should instead consider allocating the property using an SST. In some limited circumstances a landlord might alternatively consider granting a short SST under one of the other grounds available^[5] or granting an alternative type of tenancy agreement, in the same way that these can occasionally be available for other applicants.