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Tenancy Agreement 

 

The tenancy agreement signed by yourself and Cassiltoun Housing Association is a legally binding document and is known as the Scottish Secure Tenancy Agreement.

The Agreement sets out the rights and responsibilities of both you the tenant and Cassiltoun Housing Association – the landlord.  The Tenancy Agreement is explained to new tenants by a member of the Housing Services Staff when collecting keys for a new tenancy.  Some of the main provisions of your Tenancy Agreement are highlighted here, but our staff team are always available to explain the details to residents personally.

 

Security of Tenure

 

All of our Scottish Secure Tenants have security of tenure as defined by the Housing (Scotland) Act 2001. The Association will never seek to end a tenancy without very good cause. 

Tenancies can only be ended in the following ways: -

  1. Giving 28 days written notice to the Cassiltoun Housing Association.
  2. By written agreement between the tenant and the Association.
  3. If the tenant dies and there is no one who has the right of succession to the tenancy
  4. Repossession of the property by the Association.

 

Repossession

 

The Association’s policy is to make every attempt to work with the tenant(s) involved and solve any problems which have arisen.  Only after making every reasonable effort to resolve the situation will the Association contact their Solicitor to begin court proceedings for eviction.   An eviction can only be carried out after an order has been issued by a Sheriff.  Evictions will only be sought under Schedule 2    of the Housing (Scotland) Act 2001 where the tenancy agreement has been breached.

Abandonment.  If the Association has a reason to believe that you have abandoned your house it will send a written notice to you:  if you do not comply with the notice then your tenancy will be ended simply by the Association writing a further letter: no court proceedings are required.

 

The Right of Succession

 

The succession right is the right of someone to take over the tenancy on the death of the tenant.  In the event of a tenant’s death, the tenancy will pass to the tenants husband or wife or a person living with the tenant provided that they have occupied the property as their principal home at the time of the tenants death.

In the case of a joint tenant, the surviving tenant assumes the tenancy.  Where there is no surviving spouse or partner, then the tenancy may be passed onto someone else who is 16 years old or over if they have lived in the house throughout the six months before the death of the tenant.

 

Permission to Reside

 

The Association operates a policy which states that its prior permission must be obtained if you wish someone other than those persons identified in your tenancy agreement to reside with you.  A member of the Housing Services staff will advise you on how to proceed.  It is important not to allow anyone to move in with you without discussing it with the Association first.

 

Lodgers and Sub-Letting

 

 You must obtain the Association's permission to have a lodger or sub-let part of your house. We will only normally refuse permission if:

  • you would be charging the sub-tenant or lodger too much rent
  • your household would become overcrowded
  • there are improvement plans affecting the accommodation

Remember: lodgers and sub-tenants do not have secure tenancies; the Association has no responsibility to re-house them if you want them to leave.

 

Marital Breakdown or Relationship Breakdown

 

If you are married, both partners still have the right to stay in the house if the marriage breaks down, even if the house is only in one partner’s name. However, if you are an unmarried couple living together and you are not the tenant or the joint tenant, you do not have an automatic right to stay in the house. If you should find yourself in this position, contact the Association Housing Services staff immediately for confidential advice about what can be done in your own particular circumstances.  There are a number of agencies that can help.

 

Right To Buy   

 

On the 1st March 2011, the Housing (Scotland) Act 2010 came into force.  It introduced further changes to the right to buy.  The main changes are that the right to buy is removed from:

  • New build and new supply social housing
  • People who take up a tenancy with a social landlord for the first time; and
  • with some exceptions- tenants who return to the social rented sector after a break.

 

Ending your Tenancy

 

We require 28 days notice when you want to move out and you must give this notice in writing.  If you fail to give the proper notice, the Association will charge another month’s rent.  Your house keys must be handed into the office on or before the date that your tenancy is officially ended, otherwise we will charge a further month’s rent.

We do expect the house to be left in a clean condition and any damaged furniture of fittings must be repaired before you leave.  Please do not leave any of your unwanted possessions behind, contact the Cleansing department who will uplift any bulky items such as carpets, free of charge.  Your flat or house must be left as you found it, and ready for the next tenant.  If the Association has to clear out the flat or replace damaged fixture and fittings you will be charged accordingly.  Remember to take final gas and electric meter readings.

 
 
 
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