New Scottish Private Residential Tenancy in force from 1 December 2017

The Scottish Government has published regulations which confirm that the new form of Scottish residential tenancy, known as the Private Residential Tenancy will be introduced on 1 December 2017. This new form of tenancy was created by the Private Housing (Tenancies) (Scotland) Act 2016 with the intention of improving security of tenure for tenants and also giving protection for landlords, lenders and investors.

The significant benefits for landlords include:

  • No more pre-tenancy notices such as the AT5.
  • If a tenant is in arrears of rent a landlord can refer a case for repossession more quickly.
  • The Private Residential Tenancy will include standardised terms.
  • When regaining possession of a property only one simple notice called a “notice to leave” will be required.
  • There will be 18 grounds for repossession, which include new grounds where the property has been abandoned or the landlord intends to sell.

The changes will only apply to tenancies created on or after 1 December 2017. Any tenancies existing prior to that will remain short assured tenancies or assured tenancies. The new tenancy will be open-ended and will end when the tenant gives notice of their intention to leave the property or the landlord evicts the tenant on one of the 18 modernised statutory grounds. You will find more information and guidance using these links.

https://beta.gov.scot/publications/private-residential-tenancies-landlords-guide/

https://beta.gov.scot/publications/private-residential-tenancies-tenants-guide/

If I can assist in any way please do not hesitate to contact me Alison Gourley on 0141 552 3422 or by email ajg@mitchells-roberton.co.uk