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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 7

85 page PDF

256.2kB

Model Short Scottish Secure Tenancy Agreement

4 SUB-LETTING, ASSIGNATION AND EXCHANGE OF YOUR TENANCY

4.1 If you want to:

  • take in a lodger; OR
  • sub-let part or all of your house; OR
  • assign the tenancy (pass on the tenancy to someone else); OR
  • carry out a mutual exchange; OR
  • otherwise give up possession of the house

you must first get our written permission. To do this, you must tell us in writing:

  • the details of the proposed change including who you want to sub-let, give up possession or assign to, take as a lodger, or exchange with (and the house involved); AND
  • the amount of rent and any other payments (including a deposit) you propose charging (if any); AND
  • when you want the sub-letting, lodging, assignation exchange or giving up of possession to take place.

If you want another person to be a joint tenant, both of you must apply to us in writing. The other person must use the house, or intend to use the house, as his or her only or principal home. We will not unreasonably refuse permission.

If you want to assign your tenancy, the house must have been the only or principal home of the person to whom you want to assign the tenancy for at least 6 months before the date of your written request.

For landlords who are fully mutual housing co-operatives, you should include the following: "The assignee, sub-tenant or tenant moving into the house as a result of an assignation, sub-let, lodging agreement, or exchange or giving up of possession must become a member of the association before the change takes effect."]

4.2 We will not unreasonably refuse permission for an assignation, subletting, giving up of possession or taking a lodger. Reasonable grounds for refusing permission include the following:

  • we have served a notice on you warning that we may seek eviction on certain grounds because of your conduct;
  • we have obtained an order for your eviction;
  • it appears that you propose to receive a payment or an unreasonable rent or deposit;
  • the proposed change would lead to the criminal offence of overcrowding;
  • we intend to carry out work on the house (or the building of which the house forms part) which would affect the part of the house connected with the proposed change.

These examples do not in any way alter our general right to refuse permission on reasonable grounds. If we give permission, you cannot increase the rent or other payments made to you by the other person unless we give our permission. See paragraph 9.3 for more detail on getting permission.

4.3 We will not unreasonably refuse permission for a mutual exchange of your house. The exchange must be with another house where the tenant holds a Scottish secure tenancy or short Scottish secure tenancy. The landlord does not need to be us. The other landlord must also agree to the exchange. Reasonable grounds for refusing permission include the following:

  • we have served a notice on you warning that we may seek eviction on certain grounds because of your conduct;
  • we have obtained an order for your eviction;
  • your house was let to you because of your employment with us;
  • your house was designed or adapted for persons with special needs and if the exchange was allowed, there would be no person living in the house who required those designs or adaptations;
  • the other house is substantially larger than you and your family need or it is not suitable for the needs of you and your family;
  • the proposed exchange would lead to the criminal offence of overcrowding.

These examples do not in any way alter our general right to refuse permission on reasonable grounds. See paragraph 9.3 for more detail on getting permission.

4.4 If you are married, or if you live in the house with someone as husband and wife, we may need their consent. If you are a joint tenant, we will need the other tenant's written consent to the proposed change. If you want to change the joint tenancy to a single tenancy because the other joint tenant has abandoned the tenancy, you should ask us to use our powers under paragraph 6.8 of this Agreement.


Contact

Email: ceu@gov.scot