New tenancy Scotland

The key changes between Short Assured Tenancies and Private Residential Tenancies include:

Short Assured Tenancy: Landlords can use their own lease as long as it includes prescribed information. AT5 and Tenant Information Pack must be given to each tenant.

 

Private Residential Tenancy: The Scottish Government have produced a model tenancy agreement including mandatory and optional grounds. Landlords can add their own optional grounds providing they do not contradict the mandatory grounds. Guidance notes must be given to tenants.

 

Short Assured Tenancy: A start and end date must be included with a minimum term of 6 months.

 

Private Residential Tenancy: Only a start date is included, there is no minimum term.  

Short Assured Tenancy: Can be anytime subject to the terms of the lease. Tenants can ask the Private Rented Housing Panel (PRHP) to set the rent if they feel the increase is unfair.

 

Private Residential Tenancy: Restricted to once a year with 3 months’ notice to tenants. Tenants can ask the new Housing & Property Chamber (HPC), to set the rent if they feel the increase is unfair. 

Short Assured Tenancy: Do not exist.

 

Private Residential Tenancy: Local councils will have powers to apply to the Scottish Government for a RPZ if they feel rents are rising too fast in a postcode area. A RPZ will only be allowed in extreme circumstances where there is proof that rent rises are causing unnecessary hardship to tenants.

RPZs will have a cap on rent increases but will allow at least 1% above CPI (Consumer Prices Index). 

Short Assured Tenancy: Can only be ended during the initial term by agreement between the landlord and tenant, or by the landlord if the tenant is in breach of the tenancy agreement.

Once past the initial end date most leases set one or two months’ notice periods for tenants.

Landlords must issue a Notice to Quit, s33 notice, and sometimes an AT6.

Landlords can end a tenancy by using one of 17 grounds or giving two months’ notice to the end date.

If the tenant doesn’t leave by the date on the Notice to Quit, landlords need to apply to the Sheriff Court. Application fee is a minimum of £100 and many landlords would instruct a solicitor.

 

Private Residential Tenancy: No initial period.

Tenants can give 28 days’ notice to leave at any point after the start date.

A single Notice to Leave form must be issued.

Landlords can end a tenancy by using one of 18 grounds. New grounds include the landlord wishing to sell, move back into the property or carry out significant renovation works.

Landlords will have to give 28 days’ notice within the first 6 months of the tenancy or 84 days’ notice thereafter. Grounds relating to tenants breaching the agreement require 28 days’ notice regardless of how long they have been renting the property.

If the tenant doesn’t leave by the date on the Notice to Leave, landlords need to apply to the HPC. Applications to the HPC will be free of charge and are intended to avoid use of solicitors.

The model Private Residential Tenancy agreement produced by the Scottish Government can be read here

Landlords using the model tenancy agreement must provide their tenants with the 'Easy Read Notes for the Scottish Government Model Private Residential Tenancy Agreement'

Do you need advice on transferring your Edinburgh lettings property from a Short Assured Tenancy to a Private Residential Tenancy? Contact us today.