West Dunbartonshire Citizens
Advice Bureau
Housing 1 – Tenant and Landlord
This session will look at:
• how housing rights and duties depend on housing
status
• how to identify housing status using the housing
flowcharts / information system
• clients who are vulnerable to eviction
• the eviction process
• the flow of a housing interview
Common Problems
•
•
•
•
•
•
Rent
Lease
Antisocial behaviour
Homelessness
Council tax
Rights to the marital
home
•
•
•
•
•
Mortgage
Repairs
Succession
Neighbours
Eviction
Statutory and Contractual Rights
– provide a minimum level of protection for tenants
(i.e. those included in the lease or ‘tenancy agreement’) – provide
additional rights
contractual
rights
statutory
rights
What is a Tenancy Agreement?
A tenancy agreement should contain:
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•
•
•
the tenant(s) and landlord’s name
the address of the property
how much rent must be paid
the length of the agreement
Deposits
• The landlord must provide details to the scheme
administrator of the approved scheme of
registration under private landlord registration
and any subsequent changes
• The amount of the tenancy deposit must be no
more than two months' rent. If the deposit
exceeds this amount it will be a premium and this
is illegal.
Housing Status Categories
Housing status
Owner occupiers
People who are
tenants
People with
limited security
of tenure
People with no
security of
tenure
Housing Status Categories
Less risk of eviction
•
•
•
•
Scottish secure tenants
Assured tenants
Short Scottish secure tenants
Short assured tenants
More risk of eviction
• Common law tenants
• Non-tenant (common law
occupiers)
Housing Status Tables
11.5.0.10 What is the client's housing status
Question
If YES, then...
Does client have a rental purchase agreement?
In a rental purchase agreement the client pays instalments
towards the purchase price of the property, but the actual
purchase occurs only when the client has paid the whole or a
specified part of the purchase price.
The client is a common law occupier (also known as a 'non
tenant occupier'). S/he is neither an owner occupier nor a
tenant. See Rental purchase agreements
Is the client in a shared ownership scheme?
In a shared ownership scheme the client buys a share in a
housing association property and pays a reduced 'rent', called
an occupancy payment, for the part s/he does not own.
The client is neither a tenant nor an owner occupier. An
occupancy agreement will set out the rights and
responsibilities of the client and the social landlord. See Shared
ownership and shared equity schemes
Does client live in a mobile home?
Determine the client's housing status. See 11.5.20.22 Mobile
homes
Does the client live in a houseboat?
Determine the client's housing status. See Houseboats
Grounds for Eviction (Examples)
• Rent arrears (persistent)
• End of the contract
• Nuisance to neighbours
• Damage / misuse of
property
• Subletting without
permission
• Breach of other
contractual obligations
• Landlord needs house
• Overcrowding
• Job loss (tied housing)
Eviction / ‘Possession’
• Housing status – differences
• Possession process
• Harassment and illegal eviction
Possession Process
• Pre-action requirements (for public sector tenants with rent arrears)
• Notice
Public sector
Scottish
secure
Notice to quit
Statutory notice
Short
Scottish
secure
Private sector
Assured
Short
assured








Notice of
proceedings
Notice of
proceedings
Section 19 or
AT6 Notice
Section 33
notice
Other
Common
law
Non-tenant
occupier
Trespasser

(Reasonable
notice period
– depends on
situation)




Possession Process
• Pre-action requirements (for public sector
tenants with rent arrears)
• Notice
• Summons
• Court hearing and decision
• Possession of the property
Harassment and Illegal Eviction
Harassment
• E.g. Withhold services, disrupt private life
Illegal eviction
• try to make tenant leave
• Criminal act AND breach of contract
Discrimination?
Discrimination
Direct discrimination in housing is when someone like a landlord or estate agent treats you differently and
worse than someone else for certain reasons, when you're renting or buying a property.
In housing these reasons are:
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•
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disability
gender reassignment
pregnancy and maternity
race
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•
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religion or belief
sex
sexual orientation.
The Equality Act calls these things
protected characteristics.
Advising the Client
1. Identify the client’s housing status
This is crucial as it determines:
• Rights
• Security
• Eviction process
• Notice process
Advising the Client
2. Identify Rights and Responsibilities – Statutory
and match to housing status
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•
•
•
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Harassment and illegal eviction
Rent
Rent deposits
Alterations and repairs
Succession, assignation and Right to Buy
Advising the Client
3. Outline client options
• Possible courses of action
• Possible outcomes from the outlined course
of action
• Client choice
Advising the Client
4. Take any agreed action to enforce client’s
rights
• Letters
• Legal representation
Summary
• Housing involves many issues
• Always check the client’s housing status
• There is a set procedure that a landlord must
follow in order to evict a tenant
• Look out for cases of harassment, illegal eviction
and discrimination
• In many cases, referral may be necessary.
West Dunbartonshire Citizens
Advice Bureau
Owner Occupiers
Objectives
• Identify common issues for owner-occupiers
• Explain the process of buying and selling a home
• Identify possible options available for people
facing mortgage arrears
• Explain the repossession process
• Explain what is meant by tolerable standard
Common Issues for Owner Occupiers
• Buying and selling
• Mortgages
• Mortgage Arrears
• Possession proceedings
• Repairs
Buying and Selling a Home
Home
report
Make /
Receive
offers
Offer
acceptan
ce
Concludi
ng
Missives
Completi
on /
Discharg
ing the
loan
Problems with Buying Property
• Problems with the
Solicitors or Estate
Agents
• Problems with the survey/
home report
• The buyer may want to
withdraw from the sale or
vary the terms of the sale
• The seller may delay
responding to an offer
• Property condition or
contractual breach
• Details of the property are
inaccurate or no consent
has been given for home
improvements
Right to Buy
• Some Scottish Secure Tenants have the right to
buy their home from the landlord – ends on 1st
August 2016
• Some housing associations offer shared
ownership
• Scottish Government has LIFT – Three schemes
What is a mortgage?
• A Mortgage is a loan - usually from Bank or
Building Society SECURED on a property
• If the homeowner does not maintain payments or
breaks the terms of the Mortgage the lender can
repossess the property and evict them
Types of Mortgage
Repaym
ent
mortgag
e
Interest
only
mortgag
e
Combinat
ion
repayme
nt/
interest
only
Islamic
Problems Getting a Mortgage
• Can’t afford a deposit
• Have a low income
• Self employed
• Are disabled
• Near retirement
• Are a student
• Have a poor credit
record
• Want to buy a mobile
home
Mortgage Arrears
Even if possession proceedings have already begun it may be possible to
stop or delay these proceedings
• Repayment plan
• Reducing outgoings
• Reduce mortgage
payments
• Switch mortgage – no
arrears and good credit
• Mortgage to rent and
mortgage to shared
equity
• Move house
• Increase income
Repossession proceedings
Arrears Payment request
Default Notice / Calling
Up Notice
Initial Writ for
Repossession
Decree
Recalling the Decree
Advising the Client
• Check the type of mortgage
• The value of their property
• What action the lender has taken (if any)
• What other debts are there?
• Check with a specialist adviser
Responsibility for Repairs
• Shared repairs – Factors or Title Deeds or The
statutory tenement management scheme
• Owner Occupiers with part Local
Authority/Housing Association building
• Statutory notices –work and maintenance orders
Tolerable Standard
• It is structurally stable
• It is free from rising or penetrating damp
• It has satisfactory lighting, heating, ventilation, drinking water
supply, cooking facilities, drainage
• A fixed bath or shower, a wash hand basin and a sink all with
hot and cold water supply
• A toilet
Problems with Home Improvements
• Poor quality work or faulty materials
• Fitted kitchens
• Cost
• Building work carried out by sub contractors
• Disagreements with neighbours over common
repairs
• Rogue traders
Taking action to enforce clients rights
•Help completing forms
•Negotiation
•Referral
•Representation
Conclusion
• Identify client’s housing status
• Match the housing status to their rights and
responsibilities
• Outline the client’s options
• Take any agreed action to enforce the client’s
rights