Question reference: S4W-10650
- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
- Date lodged: 29 October 2012
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Current status: Answered by Margaret Burgess on 12 November 2012
Question
To ask the Scottish Government how long a tenant of a (a) local authority and (b) registered social landlord is entitled to retain their tenancy while in residential care for a limited period.
Answer
There is no set period that a tenant of a local authority or registered social landlord is entitled to retain their Scottish Secure Tenancy while in residential care. There are limited grounds under the Housing Scotland Act 2001 when a local authority or a registered social landlord can seek to recover possession of a tenancy. One ground is if the tenant and their spouse or partner have been absent from the property without reasonable cause for a continuous period exceeding 6 months or have ceased to occupy the property as their principal home. The court can make such an order only if it is reasonable to do so.