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Being a tenant of Lochfield Park gives you a number of rights. It also places a number of responsibilities on you and your family. These rights and responsibilities are there to ensure that you and all our tenants are able to enjoy their homes to the full. Your tenancy agreement is a legally binding contract and it is therefore very important that you understand what you are signing. A member of our staff will go through the agreement with you prior to signing, and you will then be given a copy of the agreement along with a summary document for your reference.

Scottish Secure Tenancy

From 30 September 2002 all Lochfield Park Tenants became Scottish Secure Tenants. This gave tenants certain rights and responsibilities laid out in the Housing (Scotland) Act 2001. These apply whether or not you have signed a Scottish Secure Tenancy Agreement.

The Tenancy Agreement can only be ended in one of the following ways:

  • Four weeks’ notice by the tenant
  • Written agreement by the tenant and landlord
  • By the landlord taking court action to recover possession on one or more of the grounds specified in the Housing (Scotland) Act 2001
  • Action by the landlord as a result of abandonment of the house by the tenant
  • The death of the tenant where no-one meets the statutory requirements for succession
  • Where the tenant or a member of the tenants’ household is the subject of an Anti-Social Behaviour Order, and the landlord takes action to convert the tenancy to a Short Secure Tenancy.

Actions for Recovery

Lochfield Park can take recovery action against tenants who are harassing someone living in or visiting the area.

Recovery action can also be taken where false information has been given on a Housing Application.

If recovery action is taken, other occupiers who are not tenants (for example: lodgers) have the right to be heard in court in any proceedings to recover the property.

Evictions cannot take place unless the sheriff is satisfied that it is reasonable.

Right to a Joint Tenancy

People who are not tenants but occupy the house as their only principal home can apply for a joint tenancy. Lochfield Park must agree to this unless it has reasonable grounds for not doing so.

Succession Rights

There are improved rights for those living in the house to gain a tenancy on the death of the tenant. Your tenancy agreement details these rights.

Assignation, Sub- letting & Exchanges

You have certain rights with regard to assignation, sub-letting, and exchanges, however, before exercising these rights you must first seek our permission in writing. We will discuss the matter with you and inform you of our decision in writing. Remember you must first submit a written request and obtain our permission in writing.

Compensation For Improvements

You have the right to compensation at the end of your tenancy for certain types of improvements you have made to your home with the permission of Lochfield Park. Details of our Compensation for Improvements Policy and Procedures are provided later in this handbook and are also available in leaflets from our reception staff.

Information

You have the right to be consulted and receive information on issues affecting your tenancy with Lochfield Park including:

  • Being provided with details and information about Lochfield Park’s’ Complaints Procedure
  • Being given information on a range of matters including policies on rent setting, allocations, and repairs
  • Being consulted on any proposed rent and/or service charge increase
  • Being consulted and involved in the development of Lochfield Park’s’ Tenant Participation Strategy.

Right To Repair

As a Scottish Secure Tenant you are entitled to have a qualifying repair carried out to your house within a specified timescale. Information about the types of repair and timescales (working days) within which they require to be completed are provided later in this handbook.

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