When you become a Council tenant you will be given a copy of the Tenants’ Handbook, which provides useful and easy-to-follow information on both the rights and responsibilities of tenants and the services that the Council provides for them.
The terms under which tenants in Scotland rent their homes are governed by various laws. The Housing (Scotland) Act 2001, introduced a new type of tenancy agreement for most public sector housing tenants in Scotland. The new tenancy is called the Scottish Secure Tenancy and contains an equal framework of rights and responsibilities for most public sector housing tenants.
The main areas of change are:
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a single tenancy for most tenants of public sector landlords
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new arrangements to the “Right to Buy” your council house
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new rights of succession to tenancies including rights for carers
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new rights to information, consultation and participation
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recognition of same sex couples
The new tenancy came into effect in September 2002, andall Falkirk Council tenants automatically became protected by these new rules.
In certain situations a Short Scottish Secure Tenancy may be offered instead of the Scottish Secure Tenancy. These situations include:
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If a person had been evicted for anti-social behaviour during the previous 3 years.
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If a Scottish Secure Tenant, or a member of their family has been served with an Anti-Social Behaviour Order, which is still in force.
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If a person is moving to the area to take up employment.
The Short Secure Tenancy does not provide full security of tenure and where anti-social behaviour is involved, the tenancy could be seen as a probationary tenancy.
The Short Scottish Secure Tenancy has no Right to Buy or right to succession. To recover possession a landlord must apply to the court where the sheriff must grant the eviction.