PART 2Social housing

Scottish secure tenancy

12Assignation, sublet and joint tenancy of Scottish secure tenancy

1

In section 11 of the 2001 Act (Scottish secure tenancy)—

a

in subsection (6) , the words “, or is intended to be,” are repealed, and

b

after subsection (6) insert

6A

An application under subsection (5) may be made only where the house in question has been the only or principal home of the person falling within subsection (6) throughout the period of 12 months ending with the date of the application.

6B

For the purposes of subsection (6A) a period may be considered in relation to a person only if, at any time before that period began, the landlord was notified by—

a

the person, or

b

any other person who was the tenant of the house in question when the notice was given,

that the house in question was the person's only or principal home.

2

In section 32 of the 2001 Act (assignation, subletting, etc.)—

a

in subsection (1)—

i

the word “and” immediately preceding paragraph (b) is repealed,

ii

in paragraph (b), after “been” insert “ the tenant's and ”,

iii

in paragraph (b), for “6” substitute “ 12 ”, and

iv

after paragraph (b), insert

and

c

in the case of a sublet, only where the house has been the tenant's only or principal home throughout the period of 12 months ending with the date of the application for the landlord's consent to the sublet under paragraph 9 of schedule 5.

b

after subsection (1), insert—

1A

For the purposes of an assignation mentioned in subsection (1)(b), a period may be considered in relation to a person only if—

a

the person was the tenant of the house throughout that period, or

b

at any time before that period began, the landlord was notified by—

i

the person, or

ii

any other person who was the tenant of the house in question when the notice was given,

that the house in question was the person's only or principal home.

1B

For the purposes of a sublet mentioned in subsection (1)(c), a period may be considered in relation to a tenant only if—

a

the tenant was the tenant of the house throughout that period, or

b

at any time before that period began, the landlord was notified by—

i

the tenant, or

ii

any other person who was the tenant of the house in question when the notice was given,

that the house in question was the tenant's only or principal home.

c

in subsection (3)—

i

the word “or” immediately preceding paragraph (e) is repealed, and

ii

after paragraph (e), insert—

f

in the case of consent to an assignation by a local authority or a registered social landlord, if the proposed assignee is not a person to whom that local authority or registered social landlord would give a reasonable preference when selecting tenants under section 20(1) of the 1987 Act, or

g

in the case of consent to an assignation, if the assignation would in the opinion of the landlord, result in the house being under-occupied.