Tenant Information

Tenancy Issues

Occupation

As a Scottish Secure Tenant, your Council house must be your only or principal home. This tenancy agreement sets out all the rights and responsibilities expected of you as the tenant, and of us, as the landlord.

Sub-Letting and Lodgers

If you would like to take in lodgers or sub-let your house, you must obtain written permission from us first.  You must apply to us in writing.  Tell us the name of the sub-tenant or lodger, the proposed rent charge and the date you want this to start.  Your prospective lodger or sub-tenant must also apply to us in writing, giving their name, date of birth and details of other household members. 

We will not refuse your request unless we have reasonable grounds for doing so.  We may refuse such a request if: 

  • We are seeking an order for your eviction
  • You have breached your tenancy rights
  • You intend to charge an unreasonable rent
  • The change would lead to overcrowding or under occupation
  • We intend to carry out works to the property
  • You or the other party have rent arrears and have no consistent payment plan in place

You must remember that whilst you have a lodger or are sub-letting, you still remain responsible for the tenancy.  This includes paying rent, maintaining the property in a reasonable condition and ensuring there is no disturbance to the neighbours.

Assignation of your Tenancy

If you would like to assign your tenancy (pass it on) to someone else, you must apply to us in writing and get our permission.  The house must have been the only or principal home of the person to whom you want to assign the tenancy, for at least 12 months before the date of your written request. 

  • From 1 November 2019, to assign a tenancy, the property must have been the tenant’s only or principal home for 12 months prior to making a written request. 
  • The proposed assignee must have lived at the property as their sole or principal home for 12 months before the application is made. 
  • The 12 month period only starts when the landlord (SIC Housing) has been notified that the proposed assignee is living in the property as their only or principal home.  

We will not unreasonably refuse permission.  Please also see information on a Succession of a tenancy, in the event of a death of a tenant.

Notification of household information should be provided to SIC Housing Service.  This can be done online or by email or sending written information to the Housing Service, 8 North Ness Business Park, Lerwick.

You can update how we should contact you by completing the following form:

Tenant Contact Form

Variation of Tenancy - Adding a Joint Tenant

Before a tenant can have someone added to their existing tenancy agreement as a joint tenant they must apply to their landlord for written permission to do so and get their landlord’s written consent.  The person the tenant wants to add as a joint tenant, and any existing joint tenants, must apply in writing along with the tenant. 

The proposed joint tenant must have lived at the property as their only or principal home for the 12 months before the tenant applies for them to become a joint tenant.

The tenant, joint tenant or proposed joint tenant must have notified the landlord that the person they wish to become a joint tenant with is living in the house.  The 12 month period does not start unless the landlord has been told that the person is living in the property as their only or principal home.  

The 12 month period applies to anyone wanting to be a joint tenant including the tenant’s spouse, civil partner or co-habiting partner.  

The request should be provided to SIC Housing Service.  This can be done by email or sending written information to the Housing Service, 8 North Ness Business Park, Lerwick.

Pets

You are allowed to keep one dog or cat, or a reasonable number of small domestic pets such as hens (max. 2), hamsters, guinea pigs or tropical fish without our permission.  If you would like to keep any more than this then you will need our written permission.  You must ensure that any pet you have does not cause nuisance or danger to neighbours.  You must also repair any damage caused by your pet. You will be recharged should the Council be required to complete a repair due to a pet as detailed in your tenancy agreement. .

House as a Business

You can run a business from your home if we have given you written permission. Any request should be submitted to your area Housing Officer, with details of your proposal – we may complete a home visit when making our decision.    You can contact us by phone 01595 74 4360 or email and a form will be sent out to you to complete and return.

Garages

If you wish to rent a garage you should complete an application form available either online or from the Housing Service.  There may be a waiting list for a garage in the area of your choice.  Garages are allocated on a points based system, which gives preference to Council tenants.  Your application may not be considered if you have rent arrears. 

Garage Application Form

Garage Sites

If you have built a garage on a garage site owned by the council and decide you wish to pass (i.e. give or sell) the garage on to someone else, you must apply in writing for permission from the Housing Service.  If you are unable to pass on the garage but still wish to terminate your tenancy of the site, you may be asked to remove the garage.  In such a case, removing the garage is the site tenant’s (your) responsibility.  If you require further information contact the Housing Service.

Parking

Parking can be a problem, especially in built up areas.  Please be as considerate as possible and avoid parking in a way that causes annoyance, damages verges or blocks access for delivery, refuse and emergency vehicles. 

If you wish to park a caravan or site a boat within the grounds of your house you must get written permission from us.

Council tenancies do not come with a specific parking space. Residents should ensure only blue badge holders park in designated disabled spaces.

Apply for a Blue Badge

Communal (Shared) Areas

You are responsible, together with other residents, for keeping all communal areas tidy.  Communal stairs and lobbies should be kept clear, clean and tidy.  We expect you to do this on a rota basis with all the other residents who use these areas.  If any communal areas, including shared drying greens, are not maintained, the Housing Service can bring the area up to standard.  The cost of this will be shared and charged to each tenant and resident using the area.  You must keep all communal areas, including garden areas, free from cat and dog fouling.

Antisocial Behaviour 

Every member of the community has a right to feel safe, but also has a responsibility to show consideration towards those whom live around them.

We are committed to supporting anyone experiencing anti-social behaviour to make your home and environment a safer place to live. The link below explains more about Antisocial behaviour and what can be done if you are experiencing antisocial behaviour or unacceptable behaviour. 

Antisocial Behaviour