Consultation on Affordable Rented Housing: Analysis of Consultation Responses

10 Proposal 9: An Initial Tenancy

Proposal 9: Creating an initial tenancy for all new affordable rented housing tenants

10.1 Assessing the needs of applicants and matching them to a property is only the first step in successful letting. Landlords will help new tenants understand their responsibilities as well as their rights. In many cases, the allocation of housing will result in a successful and sustainable let. However, some people have called for the creation of an initial or probationary tenancy to help promote positive and responsible behaviour by new tenants. Given the long-term security that the Scottish Secure Tenancy brings, the Scottish Government would agree there should be an initial or probationary tenancy. The full proposal as set out by the Scottish Government is outlined in the table below:

THE SCOTTISH GOVERNMENT'S PROPOSALS - PROPOSAL 9
(Source: Consultation Document Page 26)

• Require social landlords to grant a Short SST to all new tenants of social housing (those who don't already have a Scottish Secure Tenancy).

The initial tenancy will automatically convert to a Scottish Secure Tenancy after 12 months if the landlord has not taken steps to repossess the house.

10.2 An analysis of the responses provided to proposal 9 is set out below.

Views on the Proposal (Q41)

10.3 The majority of respondents who answered this question (62%) were in agreement with the proposal, whilst 16% disagreed and 22% were unsure. The results were similar with regards to written responses and responses via Facebook and at the regional events.

Proposal 9 - Do you think all new affordable rented housing tenants should be allocated housing using an initial tenancy?
Respondent Source	Yes		No		Not sure
	Number	%	Number	%	Number	%
Written (n=204)	131	64	31	15	42	21
Events/Facebook (n=142)	83	58	24	17	35	25
Total (n=346)	214	62	55	16	77	22

10.4 The table below breaks down the 204 written responses to this question by respondent type.

Proposal 9 - Do you think all new affordable rented housing tenants should be allocated housing using an initial tenancy?
Respondent Source	Yes		No		Not sure
	Number	%	Number	%	Number	%
Individuals (n=29)	20	69	4	14	5	17
Landlord Representative Groups (n=4)	2	50	1	25	1	25
Landlords (n=80)	48	60	15	19	17	21
Other Groups (n=27)	15	56	7	26	5	19
Tenants Groups (n=64)	46	72	4	6	14	22
Total (n=204)	131	64	31	15	42	21

10.5 In total, 64% of respondents who answered this question were in agreement with this proposal. Support for the implementation of this proposal is greatest amongst tenant groups (72%) and individuals (69%).

Benefits (Q42)

10.6 Respondents were asked about what they saw as the benefits of the proposal. Of those that responded, three main benefits were highlighted. These are as follows, with the percentages referring to the proportion of the 237 written responses:

• The proposals would enable an assessment period (about 35% of respondents). This would provide both the tenants with an opportunity to demonstrate that they can be a 'good tenant' and meet tenant obligations, and provide landlords with a period to review the tenancy and deal with any issues arising;
• The proposals would enforce the value and importance of housing to tenants (about 28% of respondents). This would encourage them to consider their tenancy to be a valuable resource and to abide by tenancy conditions;
• The proposals would provide some security and benefits for tenants (about 6% of respondents). It may encourage landlords to develop an effective relationship with tenants, provide them with a trial period to consider whether the house, neighbourhood and community is suitable to meet their needs and enable people re-entering a new tenancy, or one for the first time, to understand the rights and responsibilities entailed with a social housing tenancy.

10.7 A large proportion of landlords in particular highlighted that the proposals would enable an assessment period and enforce the value and importance of housing. A large number of tenants also felt that the proposal would enable a beneficial assessment period.

10.8 A small number of respondents highlighted other benefits, which included treating applicants in the same way with no discrimination and making it quicker and easier to deal with any tenancy breaches. About 21% of respondents did not know of the benefits, 14% of respondents did not provide an answer and 6% of respondents felt that there were no benefits.

Problems (Q43)

10.9 Respondents were asked about what they saw as the problems with this proposal. Of those that responded, five main problems were identified. These are as follows, with the percentages referring to the proportion of the 237 written responses:

• The proposals start from the premise that everyone is a potential problem tenant - this could result in good tenants being unfairly targeted, their rights reduced and the stigmatising of the sector as a whole and those people who are renting within it (about 21% of respondents);
• The proposals would result in increased time and resource pressures for landlords in terms of administrating an initial tenancy (about 17% of respondents);
• The proposals could result in insecurities for tenants and lead to greater social instability (about 10% of respondents);
• There would be a lack of clarity for both landlord and tenant, for example with regards to what constitutes reasonable grounds not to award a full Scottish Secure Tenancy at the end of the probationary period, and the rights of probationary tenants to challenge that (about 7% of respondents);
• The system would be open to abuse (about 5% of respondents).

10.10 Unsurprisingly, landlords in particular felt that the proposals would lead to resource implications for landlords.

10.11 A variety of other problems were suggested by around 9% of respondents. These included that the proposals would not make a difference, that the system would still be open to abuse and that some people will resent being monitored. Others suggested the impacts on properties both in terms of new properties being damaged during the trial period and encouraging landlords not to invest in homes where there may be a short term tenancy. Some respondents also mentioned that there could be an increase in rent arrears and the number of people not managing to sustain their tenancy beyond 12 months would increase (and provide negative consequences in terms of developing sustainable communities).

10.12 Around 27% of respondents provided no response, 11% felt that there were no problems with the proposals and 8% did not know.

Actions to overcome problems (Q44)

10.13 Respondents were asked about what actions could be done to overcome these problems. Of those that provided a response, two actions were the most commonly suggested. These are as follows, with the percentages referring to the proportion of the 237 written responses:

• There should be clearer guidance and greater consistency across the board (just less than 19% of respondents);
• The procedures should be streamlined to prevent resource issues and make it easier for tenants to move from Short SST to SST (about 6% of respondents).

10.14 A high proportion of landlords felt that there should be greater consistency and clearer guidance for these proposals.

10.15 Some other responses were provided including giving greater flexibility for landlords, having increased background checks and provide regular checks on tenants. Others also suggested that:

• Good practice in allocating short term tenancies should be examined from elsewhere in the UK;
• Landlords could work closely with local communities on implementing the proposals:
• Greater reassurance could be provided to tenants;
• The naming of the tenancy could be more appropriate - for instance rather than a "probationary tenancy" it could be called an "introductory" or "initial" tenancy. Indeed the phrases introductory and initial were used extensively in the responses. The consultation proposal was to introduce an "initial tenancy";
• The proposal could be piloted first to see how successful it is in reducing antisocial behaviour;
• The probationary tenancy should be promoted positively not as a threat to tenants;
• Probationary tenancies should be applied only to certain circumstances where the potential for issues has been identified rather than for all tenancies.

10.16 Around 39% of respondents did not provide an answer, 5% did not know and 4% felt that there were no actions.