This section considers a range of questions that are put to the Centre on a regular basis. The answers are an outline if you require more information please follow the links or get in touch with the Centre. You can also request information by contacting us.
- About the Centre
- Homelessness
- Tenancies (Private Rented)
- Tenancies (Public Sector)
- Housing Benefit and Council Tax Benefit
1. About the Centre
When was the Centre established?
The Centre was established in 1987.
How is the Centre funded?
Our funds come from a number of sources; our primary funder is South Ayrshire Council. In addition to this we get an annual grant from Shelter. We also fundraise and raise income by providing training courses on housing and homeless related matters. In addition the Centre receives income from South Ayrshire Council for our Housing Support Service. More information on our funding can be found in our
Reports Section.Does the Centre have volunteers?
Over the years we have had volunteers coming into the Centre, one of our main issues is space. In addition we have accepted placements from students and skill seekers.
2. Homelessness
A person/household can be homeless if they have no place to live or have accommodation which is not reasonable to occupy. The statutory definition for homeless is found in section 24 of the Housing (Scotland) Act 1987. More information on homelessness can be found
here. Homeless legislation can found under part II of the
Housing (Scotland) Act 1987.
What should I do if I am going to be homeless?
If you are threatened with homelessness or are homeless you should contact your local housing department. If you are within 2 months of becoming homeless, you are deemed as threatened with homelessness.
SAC Housing and HomelessIf you have made an application the Council has a duty to make enquires. If you are threatened with homelessness the first issue is to try and prevent you from losing your accommodation.
If this is not possible or you are already homeless the Council has a duty to provide you with temporary accommodation pending consideration of your application. They will consider whether you are in priority need, if you are intentionally homeless and they may consider whether you have a local connection.
The legislation has categories of applicants who are in priority need such as women who are pregnant, applicants with dependent children, chronic illness, mental or physical disability and vulnerability.
South Ayrshire Council have extended automatic priority need to all single homeless people under the age of 25, prior to this only homeless 16 and 17 year olds had automatic priority need.
A person who is not in priority need does not have a right to permanent accommodation under the homeless provisions; they will be provided temporary accommodation for a limited period to allow them to secure alternative accommodation. The Council must also provide advice and assistance during this time.
One should note that the priority need requirement is due to be phased out by 2012.
What is intentionally homeless?
Currently Councils will consider whether an applicant has made themselves intentionally homeless. Intentionally homeless is where an applicant or a member of the household has done or failed to do something which has caused them to loss accommodation which would have been reasonable to occupy.
If an intentionally homeless decision is made, then the duty of the Council to the applicant is restricted to providing temporary accommodation for a limited period of time for the applicant to secure alternative accommodation. The Council must also provide advice and assistance during this time.
Currently there is legislation on the statute book to change consideration of intentionally homeless from a duty to a power. In addition a person found to be intentionally homeless will be entitled to Short Scottish Secure Tenancy in most cases. Both of these provisions are not in force yet.
Can I appeal a homeless decision?
Yes, the process is called a review and this is a statutory right. Normally a request for a review should be made within 21 days of the decision.
See South Ayrshire Council's homeless policy.
It is important that you seek advice on this as soon as possible after you receive the decision. In South Ayrshire the Council has our contact details on their decision letters. If you are from South Ayrshire please
contact the Centre. If you are from outwith South Ayrshire you should contact your local Citizen’s Advice Centre or
Shelter Scotland.
3. Tenancies (Private Rented)
The main tenancies in the Private Sector are Assured and Short Assured. If your tenancy started prior to 1989 it will probably be a Regulated tenancy.
Does my landlord need to provide a lease?
Yes, a landlord and/or agent must provide a formal tenancy agreement which sets out the terms of the tenancy and they cannot charge for providing the agreement.
Should I get a rent book from my private landlord?
If your rent is payable weekly your landlord should provide a rent book. You should always keep a note of rent paid by you, if you pay in cash ask for a receipt.
You will have negotiated your rent at the start of your tenancy, rents in Assured and Short Assured Tenancies are known as market rents.
How would my rent be increased?
Many agreements will set the rent for the duration. They could also include a formula to increase the rent for example the rent will increase annually by the rate of inflation plus 1%.
In the absence of a rent increase formula in the agreement the rent cannot be increased unless the landlord serves a formal notice on the tenant which proposes a new rent, this is called an AT2 notice. If the tenant objects to the increase they must complete an AT 4 notice prior to the date the new rent is due to take effect. This would refer the case to the Rent Assessment Committee who will fix the market rent for the property.
The rent will can also be increased by mutual agreement.
Could you explain repairs obligation on landlords?
The Housing (Scotland) Act 2006 has created a Repairing Standard in terms of the Private Rented Sector. If a landlord is in breach of the standard a tenant can refer the matter to the PRHP who have powers to deal with breaches. It is important to note that tenants have an obligation to notify to their landlord of any repair issues.
More information on the standard and accessing the Private Rented Housing panel can be found
here.
What is a short assured tenancy?
Many tenancies in the private sector will be short assured. This is a type of assured but there are less rights in particular to security of tenure.
To establish a short assured tenancy the landlord must serve on the tenant an AT 5 notice which tells the potential tenant that the tenancy will be short assured. If this is not served properly the tenancy will probably be an assured tenancy.
If an assured tenancy has been created properly, to end this tenancy the landlord would serve a 2 months notice prior to the end of the period informing the tenant that they are recovering the tenancy. There is no defence to an action to recovery this type of tenancy if the proper notices have been served.
Can a landlord evict me without notice?
No, a number of notices and procedures must be followed. In most cases a notice to quit must be served (in short assured tenancies this is in addition to the minimum 2 month period) and thereafter if the landlord is seeking recovery of possession an AT 6 notice stating the grounds in which they seek recovery.
A landlord who seeks to evict a tenant without following due process could be committing a criminal offence. It is unlawful to harass a tenant and to illegally evict a tenant.
What is the landlord registration scheme?
All private landlords must be registered with the Council and all their properties must also be registered, it is an offence to let property if you are not registered. To be registered a landlord must be a fit and proper person.
SAC Registration4. Tenancies (Public Sector)
What type of tenancies are there in the public sector?
The main tenancies are Scottish Secure Tenancies and Short Scottish Secure Tenancies. If you are in temporary accommodation you may have a tenancy at common law or a licence to occupy.
The rent is normally set on a yearly basis and tenants are given 4 weeks notice of an increase.
What happens if I have rent arrears?
You should seek to deal with rent arrears as quickly as possible. You could speak to your landlord and agree to a plan to repay your arrears and your ongoing rent. You may be entitled to help with your rent if you are on a low income or benefits. - see section on Housing Benefit.
What happens if the tenant dies?
If there is a qualified person in the house they can succeed to a SST. There are 3 levels in which a person can qualify to succeed these are:-
Level 1 :- Spouse/Civil Partner, Co-habitee if the home has been their only or principle home over the past 6 months.
Level 2 :- A relative of the deceased where this is their only or principle home.
Level 3 :- A carer who has given up their own only or principle home.
There can be 2 rounds of succession; one can succeed from a successor.
Can they evict me without notice?
No, if a public sector landlord wishes to evict from a Scottish Secure Tenancy they must firstly serve a notice of intention to raise proceedings and thereafter seek an order from the Court.
What is a Short Scottish Secure Tenancy?
This type of tenancy can only be created in certain circumstances. It does not enjoy the full rights of a Scottish Secure Tenancy such as right to buy and succession. It is also easier for a landlord to end this type of tenancy.
If your Landlord is offering such a tenancy, they must give you a notice stating that your tenancy will be a SSST or your tenancy is being reduced to a SSST (this can be done if an Anti-Social Behaviour Order is taken out against you or a member of your household). This notice must also state the reason that the tenancy offered is a SSST.
5. Housing Benefit and Council Tax Benefit
You can make application to the Council, Job Centre Plus or DWP. It is your responsibility to make application and provide all the necessary information to allow your application to be processed. Taking a long time to make an application or provide information can cost you benefit. Information on Housing Benefits can be found
here.
This is dependent on your income, for example if you are a public sector tenant and you are on JSA (Income Based), Income Support or Pensioner Credit you will get your full eligible rent paid and full eligible Council Tax paid. Even if you are entitled full Council Tax Benefit you still have to pay your water and sewage charges.
If your income exceeds your applicable amount Housing Benefit entitlement may reduce. Other things which can have an impact on your entitlement to Housing Benefit are capital and non-dependants.
If you are a Private Sector tenant prior to April and there has been no change in your circumstances your maximum Housing Benefit level is determined by the Rent Officer. If there is a balance between this and your actual rent liability the tenant has to pay this, this is known as a top up. You can challenge a Rent Officer’s determination and you can request additional assistance by applying for a Discretionary Housing Payment.
From April 2008 all new Private Rented Sector tenants who are eligible for Housing Benefit will be paid the
Local Housing Allowance. This allowance is set monthly and determines highest amount of eligible benefit.
Can I get benefit for an earlier period?
Yes, from the 6th October 2008 the rules relating to time limits for backdating have changed. The changes introduce different time limits. For claimants aged 60 or over the prescribed time limit is reduced from 12 months to 3 months prior to the date of claim. The only condition is the claimant would have been entitled to Housing/Council Tax Benefit.
In terms of under 60 the maximum period for claimant is reduced from 12 months to 6 months with plans for a further reduction to 3 months at a later date, probably in 2009. In these cases a claimant must show continuous good cause for failing to make a claim in the relevant period.
These rules will apply to all claims for backdate made after 6th October 2008 even if the relevant period is prior to this date.
What happens if I have been overpaid benefit?
Normally the Council will seek to recover overpayments of benefit although they have discretion not to recover. If an overpayment is caused by an official error and you could not have been aware that there was an overpayment then this will normally not be recoverable. The main causes of overpayments are failures to inform the Council of changes in circumstances. It is important changes are notified to the Council, failure to do so could lead to issues regarding fraud.