Short Scottish Secure Tenancies for antisocial behaviour and miscellaneous changes: statutory guidance for social landlords

10. Term Of A Short SST For Antisocial Behaviour

New Term for all Short SSTs on Antisocial Behaviour Grounds

10.1 Section 9 of the 2014 Act introduces a change to the term of all short SSTs granted on antisocial behaviour grounds. These short SSTs must be for a term of 12 months from the day the tenancy is granted^[35] or, the date the landlord serves the tenant with a notice converting the tenancy from an SST to a short SST^[36]. There is no change to the term of any other type of short SST which can be given for 6 months or more^[37].

End of the 12 Month Term – Short SST on Antisocial Behaviour Grounds

10.2 At the end of the 12 month term, a short SST on any of the antisocial behaviour grounds cannot be continued by tacit relocation (silent renewal of the tenancy) or by express agreement with the tenant^[38]. The tenancy automatically becomes an SST at the end of the 12 month term unless the landlord has taken steps to either:

• extend the term of the short SST by a further 6 months (see section 11 of this guidance); or
• recover possession of the tenancy (see section 13 of this guidance)^[39].

10.3 The 2014 Act does not make any changes to what happens when short SSTs on any of the other grounds at schedule 6 of the 2001 Act come to an end. These can still be continued by tacit relocation or by express agreement with the tenant^[40]. Landlords will have systems in place to monitor these short SSTs and to identify whether they continue to be appropriate.

Term of an SST Following Conversion from a Short SST on Antisocial Behaviour Grounds

10.4 Section 9(3) of the 2014 Act clarifies that the term of an SST following conversion from a short SST for antisocial behaviour (i.e. at the end of the 12 month period or 18 month period in the case of extension), is the same term as the original SST which was in place immediately before the tenancy became a short SST^[41].