Your Scottish Secure Tenancy Agreement states that you cannot take in a lodger without our prior written consent. We would not unreasonably refuse to give consent, but we may refuse it, for example, if you are asking for an unreasonable rent or deposit, or if the property would be overcrowded.
To apply for permission, obtain an Application Form from your local Association office. Once you have applied, your Housing Officer will contact you to discuss matters in detail.
Your Scottish Secure Tenancy Agreement states that you cannot sublet your home without our prior written consent. We would not unreasonably refuse to give our consent. We might refuse consent if for example, your property is not large enough for the proposed occupiers, the rent you intend to charge, or the deposit, is unreasonably high, or the Association had reason to believe the proposed occupiers will prove to be unsuitable.
Normally we would only allow you to sublet your home for a maximum of 12 months at a time.
To apply for permission, obtain an Application Form from your local Association office. Once you have applied, your Housing Officer will contact you to discuss matters in detail.
There are 3 levels of priority for someone to inherit a tenancy after a death:
| Level 1: | A joint tenant, a spouse or co-habitee (provided the house was their only or principal home at the time of the death, and in the case of the co-habitee they had also lived in the house for 6 months). |
| Level 2: | A member of the deceased’s family over 16 years of age (provided the house was their only or principal home at the date of the death). Family in this context means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, niece, nephew, stepchild or adopted child. |
| Level 3: | A carer over 16 years of age who is providing or has provided care for the deceased or a member of the deceased’s family (provided the house was their only or principal home at the date of the death and they had given up their only principal home before the death). |
The order of priority for succession starts with qualifying people in level 1, then level 2 and lastly in level 3. If more than one person qualifies under any level, they decide between them who should be the new tenant. If they cannot agree, we will make the decision.
If anyone wishes to succeed a tenancy, they should notify us within 28 days of the death. We will process their request in accordance with the qualifying criteria outlined above.
As a tenant you generally have the right to carry out both internal and external alterations and improvements to your home and garden. You are first required, however, to seek our approval by submitting written details. In addition you may also require a Building Warrant or Planning Permission (Certificate of Authorised Development), depending on the type of alteration proposed.
No work should commence unless you have received written approval to your proposals from all appropriate parties.
We will examine your proposals in detail to determine their acceptability and technical competence. If necessary, we will approach you for clarification.
It is best, therefore, to provide as much detail as you possibly can in your original application. Sketches or preferably technical drawings, showing your proposals in adequate detail, will assist us and will speed matters along.
We do have the right to refuse you permission to alter your home. Such refusal will not, however, be unreasonable.
We can also apply reasonable conditions to any consent we might give; for example, we would insist any waste materials relating to the work be properly disposed of and not dumped on the estates and that after the work is finished you subsequently maintain it.
You will receive our reply to your application in writing. If you are being given consent you may be asked to agree to the conditions laid down by signing the consent document and returning it to us.
Problems can start because of someone’s children; or because of unreasonable noise from parties; or because someone plays their stereo, radio or TV too loudly. A seemingly minor disagreement can suddenly take on major proportions.
How to deal with a difficult neighbour:
These disputes can be difficult for us to resolve. We try, however, to help by offering a mediation and advice service. We can talk to all parties involved and try to reach a satisfactory position which will calm the situation down. Where it is clear that one party is not keeping to their tenancy conditions, and will not respond to or comply with requests to behave reasonably, we can take stronger action.
Many neighbour disputes can be, and are, resolved. In cases of serious ongoing anti-social behaviour, however, the Association might seek an Anti-Social Behaviour Order against a person causing the problem or might seek a court order to evict a tenant from his or her home. Such action would be taken if the behaviour of a tenant or a person is such that it is causing ongoing alarm, distress and/or nuisance to neighbouring residents and where incidences are confirmed by the Police.
Close liaison and co-operation with tenants and residents reporting Anti-Social Behaviour are required. This could possibly include attendance at court. Legal action for anti-social behaviour can take some time and a Sheriff decides the outcome of such court actions. Such actions can be costly in terms of both time and money. The Association will wish to ensure that there is sufficient corroborated evidence before raising a court action.
If a tenant or a person living with him/her is using their home for illegal or immoral purposes (e.g. drug dealing) and they have a conviction for this at this property, the Association is likely to consider taking court action for eviction.
Criminal behaviour needs Police involvement. Residents should, therefore, ensure they report such behaviour to the Police.
You can collect a HB Application Form from your local Association office, or from the local Council’s HB office, or we can post one to you.
Fill in your form and preferably hand it in, along with all relevant documentation, to the Councils Housing Benefit office. Make sure you receive a receipt from the Council to confirm that you have submitted your application for HB.
Let your Housing Assistant / Housing Officer at the Association know that you have submitted your form to the Council. The Association can provide you with a manual calculation which will estimate the amount of rent you may have to pay. This estimated amount should be paid until the Council notifies you of the outcome of their assessment of your application for HB.
It is important that you realise that entitlement can normally only start from the date the Council receives your form. They are generally unable to backdate HB – so do not delay your application for HB.
If you are unsure how to complete a HB claim form please contact your local Association office for assistance. Our staff will be happy to help.
In accordance with legislation, certain homes are excluded from being sold e.g. sheltered housing, group or supported housing. If you live in a property specially designed or adapted for pensioners or the disabled, you may not be able to buy your home.
There are two different Right to Buy Schemes applicable to Association tenants. Some tenants have the Preserved Right to Buy, while others tenants have the Modernised Right to Buy which was introduced by the Housing ( Scotland) Act 2001.
If you have the Preserved Right to Buy you can apply to buy your home at any time.
If you have the Modernised Right to Buy you cannot apply to buy your home until at least 30th September 2012. This is because the Housing (Scotland) Act 2001 limits the introduction of the Modernised Right to Buy for Irvine Housing Association for at least 10 years after it’s introduction. The Modernised Right to Buy was introduced on 30th September 2002.
If you are leaving the property for any reason, you must tell us in writing at once.
Your Scottish Secure Tenancy Agreement requires you to give a minimum one-month’s written notice to terminate your tenancy. This advanced warning allows us to move quickly to find a new tenant for the property from our waiting lists.
We will formally acknowledge your termination notice within one day of receiving it and thereafter confirm to you the date your tenancy will end.
We will arrange an inspection of your home prior to you leaving. At the inspection you will be advised of any repairs and decoration, if any, you will be expected to do prior to handing in your keys.
Within five working days of this inspection we will confirm in writing what is required of you. We will also tell you whether you have any rent to pay up to the date of termination.
Keys must be returned to your local office on or before the set termination date. You should preferably return them in person. A key receipt will be issued.
Applications will be considered from tenants who wish to move to an alternative Association property. However, applications will be prioritised in accordance with the tenant’s need to move, therefore housing need points will be awarded if:
Complete a transfer application form (available from your local office) and return it to your local office. After assessing it, we will advise you of the housing need points afforded to your application.
People can fall behind with rent payments for a number of different reasons. The Association is anxious to help you avoid rent arrears and will give every possible assistance and advice where financial difficulties are being experienced.
If you are experiencing a change of circumstances which will make rent payments difficult or you are already experiencing problems, it is important that you contact your Housing Officer immediately, before arrears start to build up.
Your Housing Officer can give you appropriate advice regarding budgeting, Housing Benefit and any other benefits you may be entitled to and it is usually possible to come to an arrangement which allows you to repay any arrears you may already have, along with your ongoing rent.
It is much better to ask for advice before financial problems get out of hand – your Housing Officer will be more than happy to help.
Repairs should be reported to your local office. You can do this by telephoning between 9.00am and 5.00pm, Monday to Friday (the Stakeford, Dumfries and Drongan offices are closed for lunch between 12.30pm to 1.30pm) or by visiting personally between these hours or by writing to us.
The Association splits repairs into several categories of urgency. The response time to carry out a repair will largely depend on which category it falls into.
These will be made within 2 hours. Completion of the repair will be within 6 hours.
These will be dealt with within 3 working days.
In accordance with the Housing (Scotland) Act 2001, the Scottish Secure Tenants (Right to Repair) Regulations 2002 came into force on 30th September 2002.
The Regulations build upon the Right to Repair scheme previously operated by the Association.
The scheme requires the Association to maintain a list of alternative contractors to be available to back up the existing service.
Where appointed contractors fail to carry out certain “qualifying repairs” within the stipulated timescale identified in the legislation, you are able to contact the alternative contractor to carry out the work within the same time period, and be entitled to compensation.
The following repairs are set out in the legislation, up to a value of £350:
What is a Formal Complaint?
A Formal Complaint is a matter, which you have brought to our attention and you believe we have not dealt with properly. It is not a Formal Complaint if you are reporting something for the first time.
How do I make a Formal Complaint?
A Formal Complaint can be verbal or in writing, addressed to The Executive Director (Resources), 44 – 46 Bank Street, Irvine, KA12 0LP, Telephone 01294 271128.
Who will deal with my Formal Complaint?
Your Formal Complaint will be passed to the relevant department/person, depending on the nature of the complaint, i.e. our Technical Department for a repair complaint. Your Formal Complaint will be investigated and responded to by the appropriate Director.
When should I hear the outcome of my Formal Complaint?
Your Formal Complaint will be acknowledged immediately in the first instance. Your Formal Complaint will be responded to within 10 working days. However, if for some reason this timescale cannot be met, you will be kept informed at each stage.
What if I am not happy with the outcome?
If you are not happy with the outcome, you can then write to The Chief Executive who will look into your Formal Complaint. If you are still not happy with the outcome you can direct your complaint to the Association’s Chairman. If your complaint is complex, the Chairman may convene a panel of three Board Members to hear your complaint.
Can I be accompanied at an appeal hearing?
Yes you can be accompanied by a friend or adviser.
How else can I make a Formal Complaint?
You can contact your local Councillor, MP, MSP or your Tenant & Residents Association. If all else fails, you can write to the Scottish Public Services Ombudsman, 4 Melville Street, Edinburgh, EH3 7NS.
What if English is not my first language or I require information in another format?
If English is not your first language or you require information in another format such as Braille, we will be happy to arrange this.
