From 1st December 2017 the Scottish Government are introducing a new type of tenancy which will replace the current Short Assured Tenancy. The Private Housing (Tenancies)(Scotland) Act 2016, will introduce a new ‘Private Residential Tenancy’ (PRT). The purpose of the change is to improve security for tenants, and provide safeguards for landlords, lenders and investors. We hope this short guide will alert you to the most important points, if you have any questions about how the changes may affect you, please do not hesitate to contact us in the office on 0131 346 4646.
Will the new act change existing tenancies?
The short answer is no, on the date the new PRT tenancy comes in to force, any existing short assured or assured tenancy will continue until either the tenant or the landlord brings it to an end by serving notice to quit the let property
What will the new lease look like?
The Scottish Government has produced a ‘model tenancy agreement’ for landlords and agents to use.
Certain mandatory clauses must remain, but it can be amended by landlords or agents. Whilst it is not compulsory to use the model tenancy agreement, all PRT leases must contain certain statutory terms.
What are the main differences?
The key difference between the old Short Assured Tenancy and the new PRT is that only one date is needed on the lease – the start date.
The legislation does not allow landlord and tenants to agree a duration for the lease or an end date. The tenancy can be terminated at any point after the start date by the landlord or tenant.
If the tenant wants to leave the property, they must give the landlord/agent 28 days’ notice in writing. They can issue this at any point after the start date.
Under what grounds can the landlord end the tenancy?
The landlord can only end the tenancy if one of 18 grounds for possession apply. Please contact us for more detail.
What if I rent my property to students?
Unlike the current Short Assured Tenancy there will no fixed term. The tenants are entitled to give 28 days’ notice any date from the commencement of the tenancy agreement.
This means that the landlord will no longer have the security of a minimum tenancy length of 6 months or more.
For landlords renting to students, it will mean that the lease length cannot be guaranteed for the full academic term as is usually the practice with the current SAT.
If you have any more questions please contact us