Where a tenant is being demoted to a SSST as a result of an ASBO, which notice should be issued to the tenant?
A. A notice under Section 35 of the Housing (Scotland) Act 2001 should be issued. This notice converts a Scottish Secure Tenancy (SST) to a Short Scottish Secure Tenancy (SSST) when the tenant or another person in the tenancy is subject to an ASBO. This is the notice that must be served on a tenant rather than a Section 34 notice, which should only be served on prospective tenants where a landlord is creating a new tenancy for a new tenant who is to be put on a SSST. There is no statutory notice provided by a Statutory Instrument to convert a tenancy under s.35, unlike a s.34 notice (which is provided for by SSI 2002 No.315). However, there are certain things that must be contained within a s.35 notice. The following must be stated: • state that converting from a SST to a SSST • at which property this applies to • grounds for conversion i.e. an ASBO (see under Sch.6, 2 of Housing (Scotland) Act 2001. Note: this has been amended by Sch.4, 6(3)(b) of ASB Act 2004). • state when SSST comm
Related Questions
- Can a Scottish Secure Tenency be demoted to an SSST as a result of an ASBO that contains prohibitions relating only to behaviour in a town centre rather than the vicinity of the persons property?
- If a tenant has been on a SST for 20 years then is demoted to a SSST before being reinstated on a SST after 6 months do they lose their ight to buy history?
- Where a tenant is being demoted to a SSST as a result of an ASBO, which notice should be issued to the tenant?
