";s:4:"text";s:25121:"To give tenants notice that the landlord intends to seek … The question is whether “immediately before” the new tenancy takes effect (by implication upon withdrawal of the notice to quit) the tenant is in law a secure tenant. You will have the opportunity at Court to defend the claim and disprove the landlords ground for possession. After the probationary period the tenancy will either automatically convert to a secure or assured tenancy or convert upon service of a notice, and the rights of the landlord to serve a no fault notice … A demoted tenancy is used to create a less secure tenancy for a limited period, allowing the landlord the opportunity to evict tenants should anti-social behaviour continue. Whilst the form of the notice itself remains substantially the same under the new SSI 2018/154, the explanatory notes to the prospective tenant which are appended to the notice have been expanded in the new version. This file may not be suitable for users of assistive technology. Secure Tenancy Agreement 3 The legal action we are taking will result in us demoting your secure tenancy for 12 months. the property is your principal home (or that it is one of the joint tenants principle home); and, you do not have a special type of tenancy which is not secure; or, The right to have certain repairs carried out by the landlord, The right to be consulted on matters affecting the property / tenancy, The right to assign the tenancy to someone else -, look after your property in a ‘tenant like way’, allow the landlord or their agents access to repair the property. Read our guide to tenancy assignment. THIS FACT SHEET IS INTENDED AS A GENERAL STATEMENT OF THE PROCEDURE AND DOES NOT PURPORT TO RENDER SPECIFIC ADVICE, LEGAL OR OTHERWISE. The Coalition Government has announced plans to end the ‘home for life’ security on secured tenancies. You don’t have to give a set amount of notice (unless your tenancy agreement says otherwise). (iii) Support charge of £ (if applicable). Additionally, in secure contracts only, one or more joint contract holders can withdraw from the contract on giving notice to the landlord and the other joint contract holders: RH(W)A s.111. Passing your tenancy on to someone else. This form should be used by landlords where possession of accommodation let under a secure periodic tenancy is sought on one of the grounds in Schedule 2 to the Housing Act 1985. So, where there is a licence agreement between a landlord and a council for provision of temporary accommodation, so long as that agreement was or has become a periodic term, a clause allowing the landlord to end the licence on X days notice will be sufficient to avoid the occupation being under a secure tenancy. Regulation 4 makes a saving provision in respect of any notice that was issued prior to 1st May 2019 in the form prescribed by the Short Scottish Secure Tenancies (Notices) Regulations 2002, which Regulations are revoked as at that date by regulation 3. Otherwise, a landlord seeking to obtain possession of a property let on a secure tenancy must obtain a court order. All you have to do is give notice to your landlord and pay your rent by the agreed-upon end date. We’ll send you a link to a feedback form. Forms for seeking possession of secure tenancies. If you don’t live with your landlord. This principle does not apply where the tenancy has ceased to be secure (eg as a result of the tenant ceasing to occupy as his or her only or principal home - see s81, but N.B. schedule 2 of the scottish secure tenancies (proceedings for possession) (form of notice) regulations 2012 notice of proceedings for recovery of possession (in cases where grounds include rent arrears) (a) this notice is to inform you, <>, the tenant that aberdeenshire b) This tenancy is a weekly periodic temporary non secure tenancy beginning and ending at 12 noon on any Monday. NB on or after 3 October 1980, if the tenancy is in joint names and one joint tenant dies, the tenancy automatically transfers into the remaining tenant’s sole name. Your tenancy has been ‘demoted’ by the local authority for a probationary period of twelve months due to anti-social behaviour. It will take only 2 minutes to fill in. This includes antisocial and criminal behaviour and where the landlord or their family need to move into the property. They must use the correct form to let you know that they intend to do this – it's called a 'landlord's rent-increase notice to tenants'. A family member under the age of 18 may also be eligible to succeed. You cannot lawfully sublet all of your property. Local authorities who wish to seek possession of a property under section 83 of the Act, must give the tenant notice by using a form, called a ‘prescribed form’. Be aware however, should you, someone you live with or a visitor to the property commit anti social behaviour, your tenancy could be demoted making it a lot easier for the landlord to evict you! means the house or flat, including any garden, balcony or other land, which is let exclusively to you. a letter from the Tenancy Services Division of the Council. The Section 34 Notice is a form prescribed by regulations. SPECIFIC ADVICE ON A PARTICULAR PROBLEM SHOULD ALWAYS BE SOUGHT. You have the right to assign your tenancy if you are a secure or introductory tenant, although you are not normally allowed to do this if you intend to remain living in the property. Costs may be awarded to your landlord if you are unsuccessful which you will have to pay. paying for utilities and council tax if you are responsible, respecting your neighbour’s right to quiet enjoyment of their homes. A secure flexible tenancy is a secure tenancy but for a fixed term, usually of five years. Your landlord should allow you to sublet and should not unreasonably refuse you permission. The Housing (Scotland) Act 2010 does for Scottish Secure Tenants what the Home Owner and Debtor Protection (Scotland) Act 2010 does for home owners: it reduces the likelihood of people losing their homes because of rent arrears, by imposing duties on landlords in the form of Pre-action Requirements (PARs); and amending the rules relating to when a landlord can use a decree to evict a tenant … 1 month’s notice if your tenancy runs from month to month. ou/your/yours - Y. means the tenant (or joint tenants) named in the original tenancy sign-up or to whom the tenancy is passed on. A secure tenant can end the tenancy by service of a notice to quit or by surrender. These forms have been updated to reflect changes on notice period requirements. 2. SAMPLE All content is available under the Open Government Licence v3.0, except where otherwise stated, If you use assistive technology (such as a screen reader) and need a If the tenant has no problems during the introductory period the tenancy will automatically be converted to a secure tenancy and the tenant will benefit from the same right other secure tenants enjoy. property - The . The terms of this secure tenancy (the rights and responsibilities of both parties) are set out in this agreement. We give ‘Notice of demotion’ papers to secure tenants when they have broken the conditions of their tenancy. This will give you less security as a tenant and you will have similar rights to an introductory tenancy. The wording in the prescribed form has been carefully drafted to ensure that the person completing the form and the person on whom it is served understand what is being proposed and what they should do in response. version of this document in a more accessible format, please email, Ministry of Housing, Communities & Local Government, Part I Notice of Seeking Possession, section 83 of the Housing Act 1985, Part II Notice of Seeking Termination of Tenancy and Recovery of Possession, section 83 of the Housing Act 1985, Electrical safety standards in the private rented sector: guidance for landlords, tenants and local authorities, Letting rooms in your home: a guide for resident landlords, Houses in multiple occupation and residential property licensing reform: guidance for local housing authorities, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases. A spouse or civil partner will have preference over a member of the family who may qualify. Your landlord will only be able to evict you in certain circumstances. The tenancy will be a Scottish secure tenancy. You may be able to receive Legal Aid but this will depend on your personal circumstances. The prescribed forms that apply to secure tenancies have been changed to reflect the changes to possession procedures in the Coronavirus Act 2020. If you still do not leave the property after a possession order is granted, bailiffs will be instructed to evict you in addition to any rent you will owe. 4 weeks’ notice if your tenancy runs from week to week. You can pass on your tenancy to someone else (who would qualify to succeed) during your lifetime. Usually you must give 28 days notice, if your tenancy rent period is longer than one month you should give equal notice, so for example if you pay your rent every 6 weeks you need to provide 6 weeks notice. This tenancy may be ended at any time by either you giving us not less that 4 weeks notice in writing, ending on a Monday (or by the payment of 4 weeks rent in lieu of notice), or by us giving you not less than 4 weeks notice in writing. This tenancy is a secure tenancy which has been given to you under the Housing Act 1985 from _____/_____/20____ i) Total weekly rent at the start of the tenancy including any service charges: £ (ii) Rent (and other charges) arrears of £ payable at £ per week until paid in full (if applicable). You also have the right to be consulted on any changes to your tenancy terms and conditions. The notice must expire on the last day of the tenancy. 18. Usually you must give 28 days notice, if your tenancy rent period is longer than one month you should give equal notice, so for example if you pay your rent every 6 weeks you need to provide 6 weeks notice. It is in a prescribed form – the precise content and wording is laid down by secondary legislation. We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. Service of the notice can be done in the ways specified in section 40 of the 2001 Act. A Scottish secure tenancy can only be inherited twice in this way. The notice will specify the grounds for granting a short Scottish secure tenancy, as well as the term of the tenancy. These are the type of residential tenancy agreements used by local authorities in their own properties. This is automatic succession and the tenancy and cannot then be passed on a second time when the surviving tenant dies unless your landlord agrees. keep your property and garden in good condition 6. allow landlords and their agents into your property to inspect and carry out repairs 7. give your landlord four weeks notice when ending your tenancy Your landlord must be a public body, so either the local authority (council), a privately registered provider of social housing (PRPSH) / registered social landlord (RSL) (if your tenancy began before 15th January 1989), the Housings and Communities Agency or a housing co-operative. Following which, a claim for possession may be brought. It … Please read the guide to repossession in secure (council) tenancies for more information on eviction. Even if you have kept to the terms of your tenancy agreement the landlord may be able to evict you for other reasons, such as redevelopment. This can only happen once, for example your widow could succeed the tenancy from you but her children would not be able to succeed the tenancy from her. This is a secure tenancy within the meaning of the Housing Act 1985. Both types give tenants a probationary period of 12 months (which can be extended to 18 months) during which the tenancy can be terminated if the tenant proved unable to comply with their tenancy. As a secure tenant you have the right to stay in your home unless we get a court order to evict you. (name(s) of secure tenant(s)) • If you need advice about this Notice, and what you should do about it, take it as quickly as possible to a Citizens' Advice Bureau, a Housing Aid Centre, or a Law Centre, or to a Solicitor. However, if the tenant participates in antisocial behaviour during the introductory period they will be evicted. 27 September 2011 In the most extreme cases landlords can apply to a court the same day as the notice is issued. This agreement is made between us (the London Borough of Lewisham) and you (the tenant) for the property described in this agreement (referred to from now on as If you abandon the property you will still be liable for the rent and the landlord could take you to Court to recover rent arrears, any damages and any additional costs. You can call your tenancy periodic if: You’ve never had a fixed-term tenancy for the property; You have a rolling tenancy agreement; You’ve had a fixed tenancy agreement, it ended and now you have a rolling one. After that, the Scottish secure tenancy will usually end. But, Hickey remains good law. ShelterShelter is a charity that offers help with housing, mortgage debt or problems with welfare benefits.Tel: 0808 800 4444Website: http://england.shelter.org.uk/, Citizens Advice BureauCitizens Advice Bureau can offer free independent and confidential advice on a range problems including housing. Download issue. In order to terminate, and gain possession of, a non-secure tenancy, the landlord is not required to prove any statutory ground. At this stage we do not know any details of the plans or how they will affect secure tenancies in the future. This law temporarily extends the amount of notice landlords must give when ending a tenancy. This form should be used by landlords where possession of accommodation let under a secure periodic tenancy is sought on one of the grounds in Schedule 2 to the Housing Act 1985. If s/he is, then the effect of s35(4)(b) is that the prohibition (in s35(4)) on creation of a new secure tenancy is displaced, and a new secure tenancy comes into being as a result of the effect of the old law. You do not have to leave if notice is given. Therefore, this should be a strictly 'fill in the blanks' exercise. The notice must expire on the last day of the tenancy. In most cases landlords will now need to give tenants 6 months' notice, unless they are ending the tenancy for certain reasons. If you live with your landlord. Don’t worry we won’t send you spam or share your email address with anyone. Failure to leave will result in your landlord taking the matter to Court to gain a Court order for possession. You should consult your tenancy agreement for details of what notice you should give. In 2020, Brent Council’s Cabinet approved a decision to end the use of flexible tenancies and replace them with lifetime secure tenancies. Most council tenants will be secure tenants unless you have an introductory tenancy or demoted tenancy. The Notice should not … Notices issued on or after 24 July 2020 but before 29 September 2020. Your short Scottish secure tenancy agreement will state that your tenancy is for a fixed period of time of at least six months. They must have a ground (reason) to evict you and must apply to the Courts for an order in order to legally remove you from the property. We also use cookies set by other sites to help us deliver content from their services. before the tenancy agreement is signed). This form should be used by landlords where: possession of accommodation let under a secure fixed term tenancy is sought on one of the grounds in Schedule 2 to the Housing Act 1985, the tenancy contains a provision which allows the landlord to bring it to an end before the fixed term expires. You can sublet part of your accommodation (for example a bedroom) provided that you have the landlord’s permission. You are not currently affected by these plans. You can change your cookie settings at any time. To help us improve GOV.UK, we’d like to know more about your visit today. A tenancy agreement is a legally binding agreement that can only be The Welsh government can prescribe the form and notice period of withdrawal notices: RH(W)A s.112. If you want to pass your tenancy to somebody else this is called Assignment. You have the right to live in the property indefinitely so long as you do not breach a term of your tenancy. Your successor must have been living in the property for at least 12 months prior to your death (married couples, civil partners and cohabiting partners are exempt). The Housing Act 1985 sets out the rules that apply to secure tenancies. Failure to serve the correct form may invalidate the action that is being proposed. If you are joint tenants you should consult with the other tenant before serving notice as it will affect both parties and the other party may be forced to leave even if they do not want to. follow the terms within your tenancy agreement, for example. As a secured tenant you have the following responsibilities; If you wish to leave your property you must follow the correct procedure by giving formal written notice. If someone living in your home who is qualified to succeed chooses not to take on the Scottish secure tenancy, they must give the landlord four weeks' notice in writing and leave the property within three months. Please read the guide to repossession in secured (council) tenancies for more information on eviction. the prospective landlord has served a statutory notice on the prospective tenant before the creation of the tenancy (i.e. You may also have additional rights which will be detailed in your tenancy agreement along with your statutory rights (as above). Don’t include personal or financial information like your National Insurance number or credit card details. Your widow, widower or a resident member of your family can take over the tenancy upon your death. The notice specifies the grounds for granting a short Scottish secure tenancy and the term of the tenancy. The secure tenancy does not end until the possession order is executed by a warrant of possession. You should consult your tenancy agreement for details of what notice you should give. Family members are classed as: husbands, wives, civil partners, cohabiting partners, parents, grandparents, children, grandchildren, nieces, nephews, aunts, uncles, blood / half / step brothers and blood / half / step sisters. All that is required is for the landlord to serve on the tenant a valid Notice to Quit (see here). Your landlord will only be able to evict you in certain circumstances. An assignment must be written as a legal deed and you will need to seek legal advice. In respect of periodic secure tenancies the landlord normally has to serve the tenant with a preliminary notice: informing the tenant of its intention to serve a notice of variation specifying the proposed variation and its effect, [28] and We use some essential cookies to make this website work. If you have a private residential tenancy (any tenancy created on or after 1 December 2017), your landlord can only increase your rent once a year and must give you 3 months' notice of any increase. We have the right to move you in some circumstances, such as if your home is due for modernisation or demolition. Tel: 020 7833 2181Website: http://www.citizensadvice.org.uk, Direct GovThe Government’s own website provides useful information on a whole range of issues.Website: http://www.direct.gov.uk. Part II – Secure Tenancies for A Fixed Term. The [name of landlord] 17. It may be served on the tenant(s) during the signing up process as long as the service is done before the parties sign the Agreement. You have 6 months before your landlord can start court proceedings to evict you, unless your notice relates to anti-social behaviour in which case you will have 3 months. If by the end of that time, neither you nor your landlord has requested that the lease ends, it will renew itself for the same amount of time again (so, for example, for another six months). An Introduction to personal injury damages, How to Make a Road Traffic Accident Claim, London Asbestos Support Awareness Group (LASAG), Patients Before Profits: Justice for Paterson Victims. In order to create an short Scottish secure tenancy from the outset, a Section 34 Notice must be served on the tenant before they sign the SSST. The tenancy can also be assigned to another party if you exchange properties (details below) or if a Court orders it (for example in a divorce). 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