Private Housing Tenancy Act
For information and ease of reference, please find below comprehensive and up to date sources of information and documentation in relation to the new private residential tenancy which was introduced by the Private Housing (Tenancies) (Scotland) Act 2016. The new private residential tenancy must be used for every new private tenancy created from 1 December 2017 onwards.
I hope that you find this information helpful.
Private residential (Tenancies) (Scotland) Act 2016– This link takes you to the legislatation relating to tenancies and how they should be issued and how to end a tenancy after 1stDecember 2017
Private residential tenancy: guides for landlords and tenants
The Scottish Government have developed guides for landlords and tenants about the private residential tenancy:
Scottish Government Model Private Residential Tenancy Agreement
· Pdf version of the model tenancy agreement - minor changes have been made - the errata note at the bottom of this link provides details.
· Pdf version of the Easy Read notes for the model agreement- minor changes have been made - the errata note at the bottom of this link provides details.
Scottish Government Model Private Residential Tenancy Agreement - online tool
The online tool enables a landlord to create a new tenancy agreement in a simple and accessible way and also produces the associated easy read notes required by law. You can download the agreement and notes as a word document or pdf.
Private Residential Tenancy Statutory Terms Supporting Notes
Landlords who do not use the Scottish Government Model Private Residential Tenancy Agreement must give their tenants a copy of the 'Private Residential Tenancy Statutory Terms Supporting Notes'. These Supporting Notes have been republished and now include other essential housing information for tenants to help them understand their rights and responsibilities. The republished notes also enable landlords to meet their duty under section 20(1) of the Housing (Scotland) Act 2006 to tell tenants about the repairing standard.
The forms/notices required by law under a Private Residential Tenancy (and associated guidance for tenants and landlords)
Under a private residential tenancy, the law states that certain forms/notices must be used for certain purposes. The Scottish Government have now published these forms and notices.
Rent Pressure Zones
Local authorities can now apply to Scottish Ministers to have an area designated as a rent pressure zoneand the following information is also available:
· Rent Pressure Zone: application requirements– outlines the requirements for a valid local authority application
· Rent Pressure Zone: application template- for use by local authorities when applying
· Rent Pressure Zone checker– used to check whether a property is located in a rent pressure zone
· Rent Pressure Zone: Improvement Costs guidance– outlines the types of improvements that can be considered by a Rent Officer
Raising awareness of the private residential tenancy
The following information and training is now available:
Videos on the new tenancy:
· Private Residential Tenancies Scotland - New House Rules (Shelter) -https://www.youtube.com/watch?v=FWgDKvCLvMc
· The Private Residential Tenancy (Scottish Association of Landlords) - https://m.youtube.com/watch?feature=youtu.be&v=SCCPXaD88Ro
· Private Residential Tenancy in Scotland: Model Tenancy Agreement (Scottish Association of Landlords) https://www.youtube.com/watch?v=cOq7smCMy3I
Other changes in the private rented sector - Letting Agents Code of Practice
A new Letting Agents Code of Practice will also come into effect on 31 January 2018. Any letting agent must register, meeting a fit and proper person test and have completed relevant training, and it will provide a route of redress for tenants and landlords to resolve complaints against letting agents for breaches of the Code. For more information see the Letting Agent Registration Guide, Guide to Letting Agent Regulation for Landlordsand Guide to Letting Agent Regulation for Tenants.