Understanding Social Housing Tenancy Rules in Scotland

If you rent a home from a council or housing association in Scotland, your tenancy is protected by distinct rules and legislation. Social housing tenancies in Scotland offer renters important rights on issues like eviction, rent increases, succession, and repairs. This guide explains the essentials, highlights your options, and links to all key legislation and official services for Scottish tenants.

Types of Social Housing Tenancies in Scotland

Most renters in social housing hold either a Scottish Secure Tenancy (SST) or, less commonly, a Short Scottish Secure Tenancy (SSST). The type you have directly affects your rights and protections.

• Scottish Secure Tenancy (SST): The standard agreement for most council and housing association tenants, providing extensive rights—including strong protection from eviction.
• Short Scottish Secure Tenancy (SSST): Usually applies if you've engaged in antisocial behaviour, owe previous rent, or if the landlord provides temporary accommodation. This tenancy offers fewer rights, making eviction easier for landlords.

Your Main Rights and Responsibilities

Your rights as a social housing tenant in Scotland include:

• Security of tenure: Landlords must follow strict rules to evict.
• Fair rent: Rent increases must follow legal process and notice periods.
• Repairs: You can demand timely repairs, and the landlord should keep your home in good condition.
• Succession and assignation: You may have the right to pass on, sublet, or jointly hold your tenancy in certain circumstances.

For full legal details and your obligations, see the Housing (Scotland) Act 2001 and Housing (Scotland) Act 2014.

Eviction Rules

Eviction from social housing requires strict legal procedures. Your landlord must issue a Notice of Proceedings for Recovery of Possession (commonly known as a Missive), stating the grounds for eviction and the date proceedings may begin. Only a tribunal can order eviction.

• You can only be evicted with an order from the First-tier Tribunal for Scotland (Housing and Property Chamber).
• Common reasons include rent arrears, antisocial behaviour, or breaking tenancy terms.

Always seek advice if you receive an eviction notice. For more, read the Scottish Government's guidance on your rights if facing eviction.

Rent Increases

Social landlords can only increase rent by giving at least four weeks' written notice, and only once per year. Rent must be reasonable and can be challenged if you think it's unfair.

• For procedures, see Social landlords: increasing rent.

Official Forms for Social Housing Tenants

• Notice of Proceedings for Recovery of Possession (Form AT6): Used by landlords to begin eviction procedures. Example: If you receive an AT6, it means your landlord intends to apply to the tribunal for possession. See the official process here.
• Notice of Rent Increase: Issued by your landlord at least four weeks before any rent hike. Example: If your housing association sends this notice, you have a right to know the new amount and object. Read Scottish Government guidance.
• Application to the First-tier Tribunal: If you disagree with a rent increase or wish to challenge a decision, you can apply directly to the tribunal. Visit the official First-tier Tribunal site.

Check with your social landlord for specific forms, especially if applying to transfer, sublet, or alter your tenancy.

How to Raise Disputes or Complaints

The First-tier Tribunal for Scotland (Housing and Property Chamber) handles most social housing tenancy disputes, including eviction and rent cases. For other issues, start by following your landlord's complaints process. If not resolved, escalate it to the Scottish Public Services Ombudsman.

Your Tenancy Agreement

Your written tenancy agreement should set out your rent, landlord duties, and tenant responsibilities. Always keep a copy. If you don't have one, your landlord must provide one on request, as required by law. For examples of what should be included, see the Scottish Government tenancy guidance.

FAQs: Social Housing Tenancy Rules in Scotland

1. What is a Scottish Secure Tenancy, and why does it matter?
   A Scottish Secure Tenancy (SST) is the standard arrangement for most social housing renters. It offers strong rights, including long-term security, the right to repairs, and robust eviction protections.
2. How much notice do I get before eviction in social housing?
   Your landlord must serve a Notice of Proceedings, usually giving 28 days' notice before applying to the tribunal. Actual eviction only occurs after the tribunal issues an order.
3. Can I challenge a rent increase from my council or housing association?
   Yes. You must receive at least four weeks' written notice. If you believe the rent is unfair, you can apply to the First-tier Tribunal for a review.
4. Who decides disputes in Scottish social housing tenancies?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) is responsible for resolving most social housing tenancy disputes, including eviction and rent cases.
5. What if my landlord doesn't carry out repairs?
   You can raise the issue directly with your landlord, follow their complaints procedure, and if unresolved, apply to the First-tier Tribunal for repairs enforcement.

Conclusion: Key Takeaways for Social Housing Tenants

• Most Scottish social tenants hold strong legal rights and protections under a Scottish Secure Tenancy.
• Eviction can only happen via tribunal order after proper notice and legal process.
• Always review notices and agreements carefully—seek advice quickly if issues arise.

Understanding the rules ensures you are protected and can confidently exercise your rights.

Need Help? Resources for Renters

• Scottish Government Tenants' Rights
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• mygov.scot: Social housing help
• Scottish Public Services Ombudsman
• Citizens Advice Scotland – Housing Advice

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1. Housing (Scotland) Act 2001
2. First-tier Tribunal for Scotland – Housing and Property Chamber
3. Scottish Government: Eviction from social housing
4. Scottish Government tenancy agreement guidance
5. Scottish Public Services Ombudsman
6. Scottish Government: Social landlords increasing rent

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