1. I Have Fallen Into Arrears, How Can I Come To An Arrangement To Clear My Rent Account?
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.
2. What Age Do I Have to be To Apply For A House?
Anyone aged 16 or over can apply for a house.
3. Can I Buy My House?
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 Clyde Valley Housing Association for at least 10 years after it’s introduction. The Modernised Right to Buy was introduced on 30th September 2002.
4. What Can The Association Do To Help With Problem Neighbours?
Tenants who are experiencing anti social behaviour, which can cover a range of unacceptable actions, from playing loud music, failing to control pets to more serious actions, such as harassment or threatening behaviour should note that the Association will take any necessary action to prevent and deal with all forms of anti social behaviour.
As a direct result of one tenant’s persistent disregard for their neighbours and failure to respond to any warnings, the Association working with North Lanarkshire Council’s Anti Social Task Force sought to obtain an Anti Social Behaviour Order from Court. This was granted and has potentially serious consequences for the tenant concerned.
The immediate effect of the Order being granted is that the tenancy is converted from a Scottish Secure Tenancy (SST) to a Short Scottish Secure Tenancy (SSST). If the tenant fails to improve behaviour then it is likely that the tenancy will be terminated and a breach of the Order can bring a risk of a prison sentence.
All tenants should remember that your Housing Officer is your first point of contact to discuss any problems and that the Task Force should only be contacted when the Association’s Offices are closed.
North Lanarkshire Anti Social Task Force
22 Easton Place
Coatbridge
ML5 4EW
Telephone 01236 622500
For our Tenants in South Lanarkshire we would like you to note details of the following Service provided by South Lanarkshire Council
Anti Social Noise Hotline – Telephone 0800 242 024
This service is available from Monday to Sunday from 08:45 am to 03:00 am next morning for all residents in South Lanarkshire to report problems with noise.
5. Can I Apply To Take In A Lodger?
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 office. Once you have applied, your Housing Officer will contact you to discuss matters in detail.
6. How Can We Keep Our Home in The Family?
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.
7. Can I Carry Out Alterations To My House?
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.
8. How Can I Apply For Housing Benefit?
You can collect a Housing Benefit Application Form from your local Association office, or from the local Council’s One Stop Shop, 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.
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 housing benefit.
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 housing benefit – so do not delay your application.
If you are unsure how to complete a HB claim form please contact our Housing Benefit Advisory or your Housing Officer.
9. What Do I Need To Do To Terminate My Tenancy?
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 immediately after 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.
10. Can I Apply For A Transfer?
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:
Medical circumstances mean that your present home is unsuitable.
Your home has become overcrowded since you took up the tenancy.
Your present home has become under-occupied since the beginning of your tenancy.
You need accommodation to be near, or to take in permanently, an elderly or dependant relative.
You need to move because of racial harassment, domestic violence or other harassment.
You have young children and occupy flatted accommodation, which has communal access and no garden.
You are elderly and are no longer able to live in a 2 or 3 storey house or upper flat, or upper house in a 4 in a block building.
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.