Housing Scotland Act 2014 Repossession of Properties Designed

Housing (Scotland) Act 2014 Repossession of Properties Designed or Adapted for Special Needs

Disclaimer • As these packs have been prepared for general training purposes they reflect the terms of the Housing (Scotland) Act 2014 at the time of preparation. Neither the Scottish Government nor Addleshaw Goddard accept any responsibility for any changes made to the contents of the slides or the speaker's notes and you should seek your own independent advice in relation to your specific situation or if the relevant law subsequently changes. • Please also note the terms of the general disclaimer in the introduction to these training packs.

Housing (Scotland) Act 2014 • This training pack forms part of a series of presentations prepared by Addleshaw Goddard, on behalf of the Scottish Government. • The training pack will assist social landlords in Scotland when training their staff on the important changes being made by the Housing (Scotland) Act 2014 and its supporting guidance. • The trainer’s notes included in the pack, also reflect current housing management practice. • This particular session covers repossession of specially designed or adapted properties.

Repossession of Adapted Properties Overview • What has changed ? • When can this be used ?

Repossession of Adapted Properties The Existing Ground Paragraphs 11 & 12 Schedule 2 of the 2001 Act Can recover possession of an adapted property where there is no longer an occupier who requires the adaptation

Repossession of Adapted Properties The Clarification Section 15 removes the reference to no longer and replaces it with a straightforward wording: There is no person with such special needs occupying the property Landlords are still required to provide the occupant with other suitable accommodation

Repossession of Adapted Properties When to use the amended ground • Should always make adapted properties available to those who can make use of the adaptations. • If there is no applicant who requires the adaptation should still make best use of a landlord’s stock. • Could be a short term arrangement.

Repossession of Adapted Properties What happens if property becomes required ? • Make situation clear at point of allocation • If require property back try to reach agreement • Ultimately court action may be required

Repossession of Adapted Properties Suitable Alternative Accommodation • Part 2 of Schedule 2 to the 2001 Act • Property should be reasonably suitable to the needs of the tenant and the tenant’s family • Have regard to: • its proximity to the place of work; • the extent of the accommodation required; • the character of the accommodation offered compared to the existing house; • the terms on which the accommodation is offered to the tenant; • if current property is furnished will this be provided in the new property; • any special needs of the tenant or the tenant’s family.

Repossession of Adapted Properties Questions/Discussion Points