Your Tenancy

The Acts Affecting Your Rights and Responsibilties

Under the Housing (Scotland) Act 2001 from 30 September 2002, all new tenancies granted by social landlords must be a Scottish Secure Tenancy Agreement (SSTA).

An SSTA is a contractual tenancy which runs from month to month. SSTA tenants of PHA Ltd have a statutory right to a written tenancy agreement, security of tenure, spouse's succession to a tenancy and to have repairs carried out. Additional contractual rights are granted in the tenancy agreement and PHA Ltd will have made these clear to you when you moved in. If you have any doubts, check your agreement or ask us to advise you.

If you have had a tenancy with PHA Ltd since before 1989 then you have the right to have your rent assessed by a Rent Officer. In this case your rent would be reviewed every 3 years instead of annually being signed to an SST does affect these rights.

On the death of the tenant, the law allows only a tenant's spouse or partner to succeed to the tenancy. PHA Ltd's SSTA enables other members of a tenant's family to succeed to the tenancy. The rules for succession are detailed in your tenancy agreement.

If you think you have a right to succeed or any questions on this matter you should contact the Associations staff or Citizens Advice Bureau.

Citizens Advice Bureau

Our policy is only to seek repossession as a last resort and then only for a serious breach of the conditions of the tenancy. You cannot be removed from your home without a Court Order.

Lodgers

You can take in a lodger only with our permission and you must inform us of the name, age and gender of the lodger so that we can carry out our legal duty to make sure your home is not overcrowded. You must also tell us what rent you will be charging. A lodger is usually someone who "lives with the family" and does not have exclusive use of part of the property. You may provide some services, like laundry, or some meals. Prior to granting consent, you must issue your lodger with written details of an agreement which has to have been approved by PHA Ltd.

Sub-Letting

You must obtain our written permission before you sub-let. We will not withhold permission if the request is reasonable, but will refuse if sub-letting makes your home overcrowded, or if the rent is excessive, or if the property is shortly to have work done on it which will affect the accommodation of the sub-tenant.

You must inform us in writing of the name, age and gender of the sub-tenant. The person to whom you may sub-let is called the sub-tenant, and they will have their own room and will look after themselves entirely. They may have use of your kitchen and bathroom, but it is unlikely that you will be giving them meals. You must provide your sub-tenant with written details of your agreement which have previously been approved by us.

Remember that you can only ever sub-let part of your home; if you sub-let the whole of it, you lose your right to security of tenure, except under very special circumstances. These would apply in some divorce cases or where you sub-let to a certain member of your family - one who would be your successor if you died (see section on succession in your tenancy agreement).

Ending Your Tenancy

If you wish to end your tenancy, you must give at least 4 weeks' notice to PHA Ltd in writing. This gives us time to find a new tenant for the property. You are expected to leave the house clean, empty and in a reasonable state of repair. Any broken fixtures or fittings must be replaced or repaired before you leave. In the winter ensure that when you all the hot and cold water systems are drained down before you leave the property. You should also inform your electricity, gas and telephone companies that you are leaving so that services can be disconnected and meter readings taken to ensure you receive accurate final bills. If paying rent by Standing Order you should also notify your bank to cancel payments but you need do nothing if you pay by Direct Debit as this can be dealt with by our Finance Department provided you advise PHA Ltd of the date you are moving out. When the tenancy ends the keys must be returned to PHA Ltd or you may be charged further rent.

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