Major new legislation is on the horizon which will make significant changes to renting and letting residential property in Scotland. The time of arrival is as yet unknown but it is expected to be late 2017 or early 2018.
At the moment landlords let property under ‘assured tenancies’ or ‘short assured tenancies’. Under the new legislation these will be replaced by the Scottish Private Residential Tenancy (SPRT).
Currently if you let a flat for 6 months or more you are able to get it back on the ‘no fault’ ground assuming your paperwork is in order and delivered properly. Under the new SPRT landlords will no longer have this automatic right to repossess the property. Instead they will need to show grounds for repossession, such as selling the property, a family member wanting to live there, rent arrears or anti-social behaviour.
The government’s intention in introducing the SPRT is to create more stability in the private rented housing market and provide tenants with greater security of tenure.
You should note that the new legislation is not retrospective and any existing assured or short assured tenancies will continue on the old basis but you will have to use the SPRT if you enter into a new tenancy agreement after the legislation becomes effective.
Although the change is not imminent I would recommend watching out for its advent and getting advice about how the introduction of the legislation will affect you.
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