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Publication - Guidance

Housing (Scotland) Act 2001: model short Scottish secure tenancy agreement

Published: 20 Sep 2002
Part of:
Housing
ISBN:
0-7559-0557-1

Sample tenancy document for the use of landlords and tenants.

85 page PDF

256.2kB

85 page PDF

256.2kB

Contents
Housing (Scotland) Act 2001: model short Scottish secure tenancy agreement
Page 12

85 page PDF

256.2kB

Model Short Scottish Secure Tenancy Agreement

9 GENERAL PROVISIONS

9.1 RIGHT TO BUY

Your tenancy is a short Scottish secure tenancy. Therefore, you do not have the right to buy your house under Part III of the Housing (Scotland) Act 1987 as amended by the Housing (Scotland) Act 2001.

9.2 MANAGEMENT SERVICES

You have the right, in terms of section 55 of the Housing (Scotland) Act 2001 together with others in a tenant management co-operative, to seek to exercise the management of one or more aspects of the housing service that we provide. We will provide more details to you about this right on request.

9.3 PERMISSIONS

  • Where this Agreement requires you to obtain our permission for anything you must make your request in writing. We will not refuse the request unreasonably.
  • If we refuse permission, we will tell you what the reason is. We will give you our decision in writing as soon as possible.
  • We may give you permission on certain conditions. We may withdraw our permission if the activity which we have given you permission for is anti-social to anyone in the neighbourhood.
  • If you object to our decision, you can appeal using our complaints procedure.
  • If the request for permission is about taking a lodger, sub-letting, assignation, exchanging the house (see Part 4 of this Agreement), we will reply to your written request within one month of receipt of the written application. If we do not reply within one month, we are taken to have agreed to your request. If we refuse this kind of permission, we will notify you of the reasons for our refusal in writing within one month of receipt of your application. If you are unhappy about our refusal you have the right to make application to the sheriff.
  • If the request for permission is about alterations or improvements, etc. to the house (see paragraph 5.21 of this Agreement), we will reply to your written request within one month of receipt of the written application. In that reply we will tell you if we agree to the proposed alterations, etc. and if so, whether we attach any conditions. If we do not reply within one month, we are taken to have agreed to your request. If we refuse this kind of permission, we will let you know in writing our reasons for refusal within one month of receipt of your written application. If you are unhappy about our refusal or the conditions that we have attached, you have the right to make application to the sheriff.
  • If the request for permission is about changing the terms of the tenancy relating to your use or enjoyment of the house (see paragraphs 2.3 and 2.18) and we refuse permission, you have a right of application to the sheriff.

9.4 NOTICES

If you want to send any form of document to us, it will be sufficient if you send or deliver it to us at our headquarters or our local office. If we want to give you any document, we will deliver it to you, leave it at your last known address or send it by recorded delivery to your last known address. We will assume that this is your current address and that all documents to you should be sent there unless you tell us that you want anything to be sent to another address.

9.5 COMPLETION OF THIS AGREEMENT

By signing below, you are completing a legally binding contract committing you to all of the terms of this Agreement. This Agreement does not terminate any existing tenancy. The terms and conditions of this Agreement replace the terms and conditions under any other tenancy agreement that you had with us, immediately before this Agreement came into effect, in relation to the house. By signing below, you are also confirming that you have already been served with a notice under section 34(4) of the Housing (Scotland) Act 2001 telling you that this is a short Scottish secure tenancy, why you have been offered this tenancy and how long the tenancy is for.

SIGNED FOR LANDLORD

NAME

WITNESS NAME

WITNESS SIGNATURE

WITNESS ADDRESS

DATE

SIGNED BY TENANT/JOINT TENANT

WITNESS NAME

WITNESS SIGNATURE

WITNESS ADDRESS

DATE

SIGNED BY TENANT/JOINT TENANT

WITNESS NAME

WITNESS SIGNATURE

WITNESS ADDRESS

DATE


Contact

Email: ceu@gov.scot