Improving Gypsy/Traveller Sites Guidance on minimum site standards, and site tenants' core rights and responsibilities. 2026 update – Annex C

Section 2 - Core Rights and Responsibilities for Gypsy/Traveller Site Tenants

Purpose

44. This guidance sets out core rights and responsibilities we expect to be part of tenants’ occupancy agreements with site providers.

Background

45. Gypsy/Traveller site tenants each have their own individual occupancy agreements with the site provider. This will set out the contract between the site provider (the LA or RSL) and the site tenant, and cover things such as use of facilities, repairs, payment for pitches, and arrangements for ending a tenancy. There is currently little consistency of approach in terms of tenancy agreements, with each site provider developing their tenancy agreement in isolation from other providers.

46. This approach has meant that Gypsy/Traveller site tenants have lacked a central document that sets out their core rights and responsibilities, and what they can expect at any Gypsy/Traveller site in the country. This has been in contrast to tenants of social housing, who are able to refer to the legal framework for the Scottish Secure Tenancy (SST) which sets out certain rights and responsibilities.

47. There have been calls over recent years to introduce the kind of consistency that social tenants have with the SST to Gypsy/Traveller site tenants, most recently in the report Where Gypsy/Travellers Live. Following the EOC report the Government convened the Gypsy/Traveller Site Working Group to consider issues around Gypsy/Traveller sites, and potential ways forward, including the issue of site occupancy agreements.

48. In light of the Group’s discussions the Scottish Government has decided to set out core rights and responsibilities for site tenants. These have been discussed with Gypsy/Traveller site tenants, and developed with input from housing professionals, stakeholders with links to the Gypsy/Traveller community, and others. Officials also took into account the terms of the occupancy agreements already developed by site providers.

Core Rights and Responsibilities

49. Annex B sets out the core rights and responsibilities for tenants of Gypsy/Traveller sites provided by local authorities and RSLs. It has been written from the perspective of a site tenant, to provide straightforward information on their rights and responsibilities.

50. In summary the core rights and responsibilities cover:

• Fair treatment. The need to treat site tenants fairly;
• Amenity block standards. The need for amenity blocks to meet certain specific standards;
• Repairs. Timescales for carrying out repairs;
• Ending a tenancy. Arrangements for ending a tenancy, and for a tenancy to be passed on;
• Consultation. The need to consult site tenants about specified matters;
• Information and complaints. The need to provide written information and a complaints procedure;
• Behaviour. Minimum standards of behaviour expected from a site tenant;
• Care of a pitch. Expected standards of care of a pitch
• Leaving a pitch. Arrangements for leaving a pitch.

51. We expect site providers to reflect these core rights and responsibilities in their occupancy agreements. These set out what Gypsy/Traveller site tenants should expect, and what is expected of site tenants themselves. This will introduce consistency across Scotland in what rights and responsibilities site tenants can expect, while allowing site providers suitable flexibility to produce occupancy agreements that reflect local circumstances. The core rights and responsibilities reflect the minimum standards in section 1 of this guidance, where relevant. For sites which are only open part of the year the site provider will have to decide how best to reflect the rights around ending a tenancy into their occupancy agreements, given that pitches on such sites are not occupied all year round.

52. Where appropriate the core rights and responsibilities reflect the content of SST. However not all the provisions in an SST are relevant to the different context of Gypsy/Traveller sites, and there are some provisions in the core rights and responsibilities that reflect the lifestyle of those living on Gypsy/Traveller sites.

53. The core rights and responsibilities cover the issue of ending a tenancy, and the grounds on which a site provider can do so. We would view a site provider asking a court to end a tenancy as a last resort, once all other measures have been exhausted, and would encourage site providers to address issues with a site tenant at an earlier stage. For example anti-social behaviour could be addressed through warnings, mediation, acceptable behaviour contracts and other means, and if a tenant is in arrears a site provider should provide reasonable help and support to the tenant to enable them to pay back the debt. However there will be situations where eviction is appropriate, for example in situations where a tenant’s behaviour is causing considerable and prolonged distress to others on the site.

54. Site providers should make site tenants aware of their policy on recharges for repairing damage to a site that is not accidental. Such recharging might include activities such as clearing rubbish from the site, repairing wilful damage to amenity block fixture and fittings, or replacing lost keys.

Scottish Social Housing Charter

55. The Scottish Social Housing Charter applies to site tenants as it does to tenants of social housing. Outcomes such as 1, 2, 3, 5, 13, 14 and 15 in the Charter will be relevant to site tenants, and site providers should ensure they are meeting those outcomes in relation to site tenants. The Scottish Housing Regulator is aware of this guidance, and please see paragraphs 9 to 11 above for more detail on their role.

Next Steps

56. We expect site providers to examine the current occupancy agreements they have in place with Gypsy/Traveller site tenants, to see if they reflect the core rights and responsibilities in this guidance. If they do not we would expect site providers to issue new occupancy agreements that do, while ensuring that site tenants do not suffer any detriment from the new agreement. We expect all site providers to have issues any new agreements by 30 June 2018 at the latest.

57. We will be producing easily accessible information for site tenants for distribution later this year. This will provide them with information on the core rights and responsibilities. However site providers may wish to provide site tenants with information before then, informing them of the core rights and responsibilities and the action you are taking as a site provider to make sure they are reflected in tenants’ occupancy agreements.

Annex B - Core Rights and Responsibilities for Gypsy/Traveller Site Tenants

Rights

Fair treatment

• The site provider must treat you fairly and must not unlawfully discriminate against you.

Amenity Block standards

• The site provider will keep in good repair the structure and exterior of the amenity block, so it is wind and watertight.
• The site provider will keep in repair and proper working order any facilities in the amenity block provided by the site provider for:
  • the supply of water, gas, and electricity;
  • sanitation (for example sinks, baths, showers, toilet);
  • hot water heating;
  • space heating (for example central heating).
• There will be an annual inspection of any gas supply, and a 5 yearly electricity inspection.

Repairs

• The site provider will carry out repairs and other work necessary to keep the amenity block and hard standing area of your pitch at a reasonable standard.
• Repairs will be carried out within the timescales set locally for repairs for social housing tenants. The site provider must tell you what these timescales are and how to report a repair.
• The site provider must include you in any consultation on repair timescales in their area.

Ending a Tenancy

• The site provider can only end your tenancy if:
  • you or a member of your household has breached the terms of your Agreement. This includes not paying your rent, or failing to meet the Responsibilities set out below;
  • the pitch has been allocated to you as a result of false information given by you in your application for the pitch;
  • the site provider has reasonable grounds for believing you have abandoned the pitch, as you have not used the pitch for 7 consecutive weeks and have not told the site provider you will be away;
• In some situations the site provider will have to go to Court before they can end your tenancy. You have the right to defend any legal action taken by the site provider against you.
• The site provider must give you written notice that they intend to end your tenancy, or have asked a court to do so. They must say on what grounds they are seeking to terminate your tenancy.
• The site provider should have an internal appeal process that you can use to appeal against a decision to end your tenancy. They should provide you with details of this process when they tell you they have decided to end your tenancy.
• On your death the tenancy agreement for the pitch can be passed on to:

a) an occupant’s spouse or your civil partner who is residing with you. If this does not apply the tenancy passes on to:

b) a member of your family who is residing with you. If this does not apply the normal law covering inheritance will apply.

Consultation

• The site provider must consult you in advance about repairs, proposed increases to rent levels, and other significant issues affecting those living on the site. Your views must be taken into account.

Information and Complaints

• The site provider must provide you with a written tenancy agreement, information about how to make a formal complaint about the site provider, and information on your rights and responsibilities. The site provider must provide you with information on how they allocate pitches, if you ask them for it.
• The site provider must provide you with information on how to operate the appliances and systems in the amenity block.

Responsibilities

Behaviour

• You must take reasonable care to prevent damage or injury to the pitch, common parts, and others on the site. The site provider will not be responsible for repairing damage caused wilfully or negligently by a pitch tenant or visitor. You will be responsible for reasonable costs the site provider incurs in repairing wilful damage.
• You are responsible for the behaviour of any animals kept on your pitch, and the pets or other animals of anyone who visits you on your pitch. This includes taking reasonable care to avoid pets fouling or causing damage to the pitch, someone else’s pitch, or common parts of the site.
• You must take reasonable care that your rubbish and recycling is put out for collection in line with the requirements on the site, including any arrangements in place for the recycling and removal of gas bottles.
• You and your visitors must not harass or act in an anti-social manner towards any person on the site or in the neighbourhood. Anti-social behaviour would include activities such as making excessive noise, causing nuisance or annoyance to other people, possession of illegal substances, or allowing your pitch to be used for illegal or immoral purposes.

Care of your pitch

• You must report to the site provider as soon as reasonably possible any damage to your pitch, amenity blocks, or common parts.
• You must take reasonable care of the pitch, including carrying out minor repairs and internal decoration.
• You must allow access to enable any repairs or maintenance to be carried out by the site provider, provided the site provider has given you reasonable notice, unless the repair is urgent.

Leaving a pitch

• You must tell the site provider if you will be away from your pitch for more than 4 consecutive weeks.
• Before moving out of a pitch you must:
  • give the site provider notice that you will be leaving. (Your tenancy agreement will set out how long the notice period is);
  • remove all your belongings and ensure the pitch is left clean and tidy;
  • hand in keys to the site provider or their representative;
• check with the site provider that you have paid all payments due to them;
• do any repairs you are obliged to do;
• provide a forwarding address or other means of contact.

Annex C – Standards for investigating and commencing repairs to damp and mould on publicly provided Gypsy/Traveller sites (Awaab’s Law)

The standards in this Annex will apply to Gypsy/Traveller sites provided by local authorities and Registered Social Landlords (RSLs) from 6 October 2026.

This introduces standards for Gypsy/Traveller site providers to investigate and commence repairs to damp and mould on sites within set timescales.

The Scottish Government will issue separate guidance to assist social and private landlords to comply with their new duties under the Investigation and Commencement of Repair (Scotland) Regulations 2026 which come into force on 6 October 2026. For the avoidance of doubt, these regulations do not apply to Gypsy/Traveller sites. Please see Annex A within the separate guidance document with regard to publicly provided Gypsy/Traveller sites.

Standards

1. If the site provider is notified by the site tenant, or otherwise becomes aware, that accommodation provided by the site provider is or may be affected by damp or mould, the site provider must ensure that an investigation is carried out by a competent person within the period of 10 working days beginning with the day after the day on which the site provider is notified, or otherwise becomes aware, that the accommodation is or may be affected by damp or mould.

2. The site provider must give the site tenant a written summary of the results of the investigation within the period of three working days beginning with the day after the day on which the investigation is completed.

3. If an investigation determines that a repair is required in relation to the accommodation, the site provider must ensure that the repair is commenced within the period of five working days beginning with the day after the day on which the investigation is completed.

4. If, due to circumstances beyond the control of the site provider, the site provider is unable to comply with the timescales set out above, the site provider must:

(a) give notice to the site tenant specifying –

i. that the site provider is unable to comply with the requirement in question within the specified period, and the reason why, and

ii. the period within which the site provider considers that the site provider will be able to comply with the requirement,

(b) ensure that, until the site provider is able to comply with the duty, reasonable steps are taken where practicable to minimise the extent to which the accommodation is affected by damp or mould.

5. The site provider must ensure that following a repair that:

(a) the accommodation is substantially free from damp and mould, and

(b) so far as reasonably practicable, the accommodation will continue to be substantially free from damp and mould.

Definitions

With regard to these standards :

“accommodation” means a building or structure provided by the site provider for the use of the site tenant for living purposes – this may be an amenity block that provides kitchen, bathroom and possibly living space for the tenant or a chalet/mobile home that provides kitchen, bathroom, living and sleeping space for the site tenant. These standards do not apply to forms of accommodation provided by the site tenant themselves.

“competent person” means a person who, in the reasonable opinion of the site provider, has the skills and experience necessary to determine whether accommodation is affected by damp or mould.

“repair” means, in relation to the accommodation provided, repair to ensure that the accommodation —

(a) is substantially free from damp and mould, and

(b) so far as reasonably practicable, will continue to be substantially free from damp and mould.