Jargon buster

Allocation of housing

Means of deciding who we think is in most need of housing and how to make the best use of the housing we have available.

Antisocial Behaviour Order (ASBO)

An order, which the local authority can issue in consultation with the police to restrain a person from acting in an antisocial way.

Assignation

where a tenant passes on (assigns) their tenancy and tenancy rights to another person (known as the assignee).

Below Tolerable Standard (BTS)

See tolerable standard

Capital works

Capital works are qualifying large scale repairs that the Council carries out on its housing - for example replacing windows or roof works. Qualifying works are works to the structure and exterior of the flat and the building.

Civil partner

A civil partnership is a formal arrangement that gives same-sex partners the same legal status as a married couple.

Diligence

Diligence is the Scottish name for methods of enforcing unpaid debts under decrees of the Scottish Court.

Housing Benefit

Housing Benefit is available to help people who are on low incomes to pay their rent. The amount depends on the personal circumstances of the tenant and the rent of the property.

Housing revenue account (HRA)

The Housing Revenue Account (HRA) reflects the statutory requirement to account for local authority housing as defined in the Housing (Scotland) Act 1987. It sets out the major elements of housing revenue expenditure and capital financing charges and how these are met by rents, other income and working balances.

Kitchen standard

The kitchen standard is based on whether the house has a kitchen that meets or fails the Scottish Housing Quality Standard (SHQS). The SHQS rates kitchens on safety, the amount of storage space, and the number of safe electrical sockets.

National Home Energy Rating (NHER)

The National Home Energy Rating Home Energy scheme gives an ‘energy efficiency’ Rating) rating to a house based on a variety of things such as the type of heating, wall construction and whether double-glazing is fitted. The scale goes from one to 10, the least energy-efficient houses having a low number, and the most energy-efficient houses having high numbers. The average NHER rating for council houses in Moray is currently just under seven. For more information, please visit www.nher.co.uk.

Notice of Proceedings for Recovery of Possession (NOP)

The Notice required by the Housing (Scotland) Act 2001, which must be given to the tenant by the landlord to warn that legal action may be instigated. This notice is also copied to any qualifying occupiers.

Overcrowding

The Housing (Scotland) Act 1987 provides the legal definition of overcrowding, which sets out how many rooms and how much space a home should have for the number of people living there.

Qualifying occupier

With regard to possession proceedings a qualifying occupiers is a person who occupies the house as that person’s only or principal home and who is:

• a member of the tenant’s family aged at least 16 years;

• a person to whom the tenant has, with the consent of the landlord, assigned (for the purposes of the Act, assignees are treated as qualifying occupiers),sublet or otherwise given up possession of the house or any part of it;

• a person who, with the landlord’s consent, has been taken in as a lodger.

Qualifying person

All qualifying persons must be 16 or over and the house must be their only or principal home at the time of the tenant's death (except in the case of a co-habittee where it must have been their only or principal home for 6 months prior to the tenant's death).

There are three levels of priority of qualifying persons -

First Priority

• Surviving joint tenant
• Tenant's spouse
• Co-habittee (of the same or different sex) provided that this was their only or principal home for 6 months prior to the tenant's death

Second Priority

• They are a member of the deceased tenant's family.

Third Priority

• They are a carer, provided that the carer has given up their only or principal home to care for the deceased tenant or member of the tenant's family.

Registered Social Landlord (RSL)

Description used to cover all types of non-profit making landlords, mainly called housing associations, which are registered with, and monitored by Communities Scotland.

Scottish Housing Quality Standard (SHQS)

This is a national standard based Quality Standard on a minimum set of quality (SHQS) measures for all houses in the social rented sector. The SHQS is based on a number of things and houses must:

• meet the acceptable standard;

• be free from serious disrepair;

• be energy efficient;

• have modern facilities and services; and

• be healthy, safe and secure.

For more information, please visit

www.communitiesscotland.gov.uk.

Spouse

Partner by marriage – husband or wife

Tenant participation

Tenant Participation is about tenants taking part in decision making processes and influencing decisions about housing policies, conditions and related services.

Tolerable standard

The tolerable standard is a minimum repair standard set by the Housing (Scotland) Act 1987 and amended by the Housing (Scotland) Act 2001 and the Housing (Scotland) Act 2006. A home will meet the tolerable standard if it:

• is structurally stable
• is substantially free from rising or penetrating damp
• has satisfactory provision for natural and artificial lighting, for ventilation and for heating
• has an adequate piped supply of wholesome water available within the house
• has a sink provided with an adequate supply of both hot and cold water within the house
• has a toilet available for the exclusive use of the occupants of the house and suitably located within the house
• has a fixed bath or shower and a wash-hand basin, all with a satisfactory supply of hot and cold water suitably located within the house
• has an effective system for the drainage and disposal of foul and surface water
• has satisfactory facilities for the cooking of food within the house
• has satisfactory access to all external doors and outbuildings.

The Housing (Scotland) Act 2006 introduces an additional condition: that any electrical installations are adequate and safe to use.

Void

A ‘void’ is a property that does not have a current tenancy. The void period is the time - measured in calendar days - between the date of termination of the previous tenancy or repossession and the start date of the new tenancy.