Your council tenancy explained
More information about your new council tenancy - your rights and responsibilities.
Your tenancy agreement sets out the terms and conditions agreed between the council and yourself in relation to your tenancy. Your tenancy agreement (with the exception of rent) cannot be changed unless:
- Both council and tenant agree, or
- Changes are made by court order
Rent levels are normally assessed on a yearly basis and can only be increased by the council advising you in writing that this will happen. This written notice must give you at least 4 weeks before any rent increase takes effect.
Information regarding your tenancy
Before your tenancy begins, you should have received a range of information including:
If you have not received this information, or you wish to discuss anything further, please contact your housing officer through Customer First on 0141 577 3001 and they will be happy to assist.
Changes to your tenancy
If you need advice or information on making changes to your tenancy, your housing officer will be able to help. You can also find information on the process for making changes to your tenancy at:
Changes might include:
- Application for a joint tenancy
- Subletting or taking in a lodger
- What happens if a tenancy holder dies
Exchanging your tenancy with someone else
You can exchange your tenancy with another Scottish Secure Tenant providing you obtain written consent from both landlords. You can find more information at:
Tenancy do's and don't's
We want you to be happy in your new home, but we have to ensure that others around you are also happy. We would ask that you follow the following neighbourly guidelines:
Respect for others
Your tenancy agreement highlights that tenants, members of their household and visitors to their home must show respect for other people. We would ask you to avoid:
- Causing excessive noise
- Failing to control pets or allowing them to foul or cause damage
- Failing to put rubbish in the appropriate containers
- Harassing neighbours or visitors to the neighbourhood
- Using communal areas inappropriately
- Using or selling unlawful drugs, alcohol or goods
- Using or carrying offensive weapons
Others respecting you
If you wish to make a complaint about nuisance, annoyance, or harassment caused by a neighbour, household member or their visitors, the council will:
- Investigate the complaint as quickly as possible
- take steps to prevent the unwanted behaviour
Breach of tenancy agreement
Should you fail to keep to the agreed terms of your tenancy agreement this is called "a breach" and the Council have the right to consider a range of remedies. Some are put in place to assist you to keep your tenancy; others are more severe and can have longer term effects on your life and could, possibly, stop you renting property in the future. We will only consider legal action where all other actions have failed to solve the problem.
The council treats all reports of anti-social behaviour seriously. Most complaints will normally be fully investigated within 20 working days. Serious complaints will be investigated within 24 hours. Cases involving domestic abuse or racial harassment will be investigated immediately.
The following are examples of the type of measures the council may use to reach a satisfactory solution:
Tenancy Enforcement Officers
Our tenancy enforcement officers Investigate reports and assist in neighbour disputes.
The majority of reports do not involve serious anti-social behaviour, many problems arise simply because of a conflict in lifestyle between neighbours. Mediation involves neighbours working together to identify and solve those problems. Your Housing Officer or Tenancy Enforcement Officer will advise on mediation where it is deemed appropriate.
The Council acknowledges that often the best way to resolve some of the problems associated with anti-social behaviour requires close or joint work with other agencies. Indeed, nuisance behaviour can often be dealt with more effectively by other agencies using alternative legal remedies. For example, the police can use their power to seize noise-making equipment such as hi-fi equipment. This power is conferred by Section 54 of the Civic Government (Scotland) Act 1982.
Should you require to discuss problems associated with anti-social behaviour or neighbour issues contact Customer First on 0141 577 3001 or our free and confidential Ring and Report helpline on 0800 013 0076. For more information, visit: Ring and report safety scheme
In line with good practice, the eviction of tenants will only be considered after all other remedies have been considered. The main legal remedies that the council uses are as follows:
This is a court order that prevents someone from doing something that infringes someone's legal rights. For example, the council may seek an interdict against a tenant whose anti-social behaviour is a breach of the tenancy agreement. Tenants themselves can also raise an interdict against another neighbour, to prevent that neighbour causing noise or using threatening behaviour.
This is a court order that requires someone to fulfil her/his legal obligations. The main legal obligations which tenants have are the contractual obligations within their Tenancy Agreement. For instance, the Council may seek such an order to make a tenant clean their common areas. Again, such an order might be used to require tenants to deposit rubbish in the proper manner.
Anti-social behaviour orders (ASBOs) and interim ASBOs
The anti-social behaviour orders are governed by the Antisocial Behaviour (Scotland) Act 2004. This remedy aims to prevent anti-social behaviour that has either caused alarm or distress, or may do so. Breach of this order is a criminal offence. Someone guilty of a breach can be fined and/or imprisoned. This order is not restricted to neighbour disputes. It aims to address any anti-social behaviour that may occur within the whole community. The threat of a heavy fine and/or imprisonment is to deter anti-social behaviour from happening again.
Eviction of tenants for anti-social behaviour is a last resort. The council will only consider eviction where two points are satisfied.
Firstly, there must be a ground for eviction. These grounds are defined in the Housing (Scotland) Act 2001.
Secondly, a sheriff must be satisfied that it is reasonable to grant an eviction. This applies even if the council shows that a ground exists. For example, it may not be reasonable to evict a whole family simply because of the behaviour of one tenant.
Detailed advice about any of the above matters is available by contacting us on 0141 577 3001. In the first instance, please contact your housing officer or tenancy enforcement officer for information or advice.
Organisations offering Independent Advice
East Renfrewshire Citizens Advice Bureau
216 Main Street, Glasgow G78 1SN
0141 881 2032
Mon, Tues, Thurs, Fri: 9.30 - 15.30
Wed: 9.30 - 15.30 and 15.30 - 18.00 (by appointment.)
Shelter Scotland Helpline
0808 800 4444
(9.00am - 5.00pm Monday to Friday)
The Shelter advice line is free to call from landlines and all six of the main UK mobile networks: Virgin, Orange, 3, T-Mobile, Vodafone and O2, but charges may apply from any other network.