The Housing (Scotland) Act 2014 specifies that any person seeking:

  • succession
  • assignation
  • subletting
  • joint tenancy

of a social rented home, must have been living in that home as their principal or only home for a period of at least 12 months prior to the application.

The minimum 12 month qualifying period will also be applied to carers and family members.

The 12 month qualifying period only begins when the person in question, or a tenant of the home, notifies the landlord in writing that they have moved in.

Can the tenancy be inherited by someone else?

On the death of a tenant, the tenancy can be inherited by another member of the household if it has been their main home. This is called succession.

One of the following people can inherit the tenancy:

  • spouse
  • any other joint tenant
  • partner (of either sex) who was living with you for at least six months beforehand

If none of the above people qualify or choose to inherit, the tenancy can pass to:

  • another member of your family who was living with you when you died
  • a carer who lives with you in your home and gave up their only or main home to care for you or a member of your family

These conditions do not always apply if the house was designed or substantially adapted for a person with special needs.

The tenancy can only be inherited twice.

For further information about succession please contact your Neighbourhood Housing Office.

How do I pass on the tenancy to someone else?

To pass the tenancy to someone else, the house must have been the only or main home of the person for at least 12 months before the date of your written request. This is called assignation.

Contact your Neighbourhood Housing Office for an application form, complete and return to us. You need to tell us their:

  • name
  • address
  • date of birth

We will reply within one month of receiving your application and we will not unreasonably refuse permission.

How do I apply to take in a lodger or sub-let my house?

Please contact your Neighbourhood Housing Office for an application form, complete and return to us. You need to tell us the lodger's:

  • name
  • address
  • date of birth
  • proposed rent charge
  • and the date you want this to start

We will reply within one month of receiving your application and we will not unreasonably refuse permission.

Can I be a joint team?

You and anyone who lives in, or is going to stay in your house and use it as their only home, can apply for a joint tenancy.

The other person(s) must use the house, or intend to use the house as their only or main home.

You must all apply to your Neighbourhood Housing Office in writing.

We will not unreasonably refuse permission.

What is a mutual exchange?

A mutual exchange is where two or more tenants have mutually agreed to swap houses and have approached us to seek our permission.

You can exchange with tenants from other councils or any registered social landlord. You must first get our written permission before you move house.

Both parties are required to complete an application for mutual exchange and send it to your Neighbourhood Housing Office.

Visit our mutual exchange page for more information and how to apply.

Contact Information

 

Housing: Cumnock and Doon Valley
1 Greenholm Road
Cumnock
East Ayrshire
KA18 1LH
Telephone: 01563 554400
Housing: Kilmarnock North and Central
Civic Centre North
John Dickie Street
Kilmarnock
KA1 1HW
Telephone: 01563 554400
Housing: Irvine Valley and Kilmarnock South
Civic Centre North
John Dickie Street
Kilmarnock
KA1 1HW
Telephone: 01563 554400