Understanding Secure Tenancies for Social Housing in Scotland

If you rent your home from a Scottish council or a registered social landlord, you may have what’s known as a secure tenancy. Understanding your rights as a secure tenant can help protect you from unfair eviction, clarify responsibilities with your landlord, and give you peace of mind during your tenancy. This guide explains secure tenancies in Scotland, including your protections, your landlord's obligations, and where to get help if issues arise.

What Is a Secure Tenancy?

A secure tenancy is a legal agreement most commonly offered by local councils and some registered social landlords in Scotland. It gives tenants strong housing rights—including security from eviction and the right to hand down (or "assign") the tenancy to certain family members, under specific conditions.

Secure tenancies are granted under the Housing (Scotland) Act 1987^[1]. Most council tenants now have a Scottish secure tenancy (after law changes in 2002), though a few people may still have older "secure tenancies"—these are very similar but have slightly different rules. In day-to-day language, both types function almost identically and are often called simply "secure tenancies".

Who Gets a Secure Tenancy?

• Council housing tenants: Most new council tenants are given a Scottish secure tenancy.
• Registered social landlord tenants: Tenants of housing associations registered with the Scottish Housing Regulator often get a Scottish secure tenancy too.
• Exceptions: Some types of temporary or supported accommodation may not provide a secure tenancy.

Your Rights as a Secure Tenant

Secure tenancies in Scotland come with several key rights. These include:

• Long-term security: Your landlord can only evict you for certain legal reasons and must follow formal procedures.
• Right to repairs: You can request repairs and expect your landlord to maintain the property.
• Succession: In some cases, your tenancy can pass to a family member if you die (known as "succession").
• Assignation and subletting: You can sometimes pass your tenancy to someone else or sublet part of your home, but must get your landlord's permission.
• Right to consultation: Your landlord must consult you about significant changes to your tenancy or services.

Tip: If you're unsure what kind of tenancy you have, check your tenancy agreement or ask your landlord for confirmation in writing.

Eviction and Ending a Secure Tenancy

Your landlord can only end a secure tenancy by following legal procedures. They must:

• Have a legal reason (known as a "ground for eviction")—for instance, serious rent arrears, anti-social behaviour, or if the landlord needs the property back.
• Serve you a written Notice of Proceedings (see below for official forms).
• Apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order if you do not leave voluntarily.

Official Tribunal for Tenancy Disputes

Any dispute about eviction, rent arrears, or tenancy rights for secure tenancies in Scotland is handled by the First-tier Tribunal for Scotland (Housing and Property Chamber).^[2]

Forms Involved in Secure Tenancy Eviction Processes

• Notice of Proceedings for Recovery of Possession (Form AT6):
• When and how it's used: If your landlord wants you to leave, they must give you a completed Form AT6. This notifies you of the reason for eviction and the date proceedings may start.
• Official AT6 guidance and template
• Renter example: If you’ve fallen into arrears and your landlord wants possession, you’ll receive Form AT6 at least 4 weeks before any Tribunal action.
• Notice to Leave (Private landlords): For council or social landlords, you will normally receive Form AT6 instead.

How to Challenge a Rent Increase as a Secure Tenant

If your social landlord proposes a rent increase, they must give you notice and follow certain rules. You can challenge an unreasonable increase.

• Your landlord must consult you and tell you in writing before any rent change.
• If you disagree with the proposed increase, you have the right to challenge it by applying to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Action Steps: Challenging a Rent Increase

1. Check the written rent increase notice from your landlord—make sure it follows the rules and gives you enough notice.
2. Respond in writing if you disagree. State your reasons, such as affordability or repairs not being completed.
3. Submit an application or complaint to the First-tier Tribunal for Scotland (Housing and Property Chamber) if unresolved. How to apply to the Tribunal

Summary: You have a right to fair rent consultation and can challenge increases, but act promptly to use your rights.

Useful Official Forms and Where to Find Them

• Form AT6 (Notice of Proceedings)— for eviction by council or social landlords. Access AT6 guidance and template
• First-tier Tribunal Application Form— to challenge decisions or bring housing disputes. Apply to the Tribunal

Frequently Asked Questions

1. What rights do I have as a secure tenant in Scotland?
   Secure tenants have strong protection from eviction, the right to repairs, rights to succession or assignation, and must be consulted on certain tenancy changes.
2. Can my landlord evict me from a secure tenancy without notice?
   No, your landlord must serve you a Notice of Proceedings using Form AT6 and apply to the official tribunal. Eviction cannot proceed without following this process.
3. Do rent increases apply to secure tenancies and can I appeal them?
   Yes, social landlords can raise rent but must give advance written notice. You can challenge the increase by applying to the First-tier Tribunal for Scotland (Housing and Property Chamber).
4. Where can I get the official eviction or appeal forms?
   Form AT6 for eviction is available on the Scottish Government website. Applications to the Tribunal can be found on the Housing and Property Chamber site.
5. Is it possible to pass my secure tenancy on to a family member?
   Yes, in certain circumstances (such as death), the tenancy may pass to eligible family members. Rules apply—check with your landlord or council for details.

Conclusion: Key Takeaways for Secure Tenants in Scotland

• Secure tenancies offer strong legal protection and stability for social renters in Scotland.
• You can’t be evicted from a secure tenancy unless your landlord follows strict legal steps—including giving notice and applying to the Tribunal.
• Challenging unfair rent increases or eviction is possible—act quickly and use official processes to protect your home.

Understanding your secure tenancy rights can make a big difference if problems arise. Keep copies of notices and correspondence, and don't hesitate to seek expert support.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) — handles tenancy disputes and eviction appeals.
• mygov.scot: Scottish Secure Tenancy guide — official government advice for tenants.
• Citizens Advice Scotland — free, confidential tenant support and advocacy.
• Scottish Housing Regulator — lists registered social landlords and handles complaints.

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1. Housing (Scotland) Act 1987
2. First-tier Tribunal for Scotland (Housing and Property Chamber)

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