If you are a landlord or a tenant in Scotland, it is important to know about tenancy agreements, how they affect you and what your rights and responsibilities are.
Main types of tenancy agreements
Short assured and assured are the main types of tenancy agreements in Scotland. Landlords with these types of agreements must provide tenants with a written tenancy agreement that is fair and easy to understand. This forms the contract between the landlord and tenant and sets out the legal terms and conditions for both sides.
Short assured
This is the most common type of tenancy in the private renting sector in Scotland and begins with a term of 6 months or longer. Once the first 6 months are up, the tenancy can be renewed for a shorter period. For a tenancy to be short-assured, a form called an AT5 notice must be given to the tenant before they sign the tenancy agreement or move in.
Assured
From the start of the agreement, this type of tenancy is classed as ‘contractual assured tenancy’ for a fixed period of time. It automatically becomes a ‘statutory assured tenancy’ if:
- The landlord issues a notice to quit because they want to change the agreement but the tenant stays in the property
- The fixed period covered by the tenancy comes to an end and the tenant stays in the property.
What is included in an agreement?
For short-assured and assured tenancies the agreement should include:
- Landlord and tenant names
- Rental property address
- Rent price and how payment is made
- Deposit and how it will be protected
- Length of lease
- Responsibilities for repairs
- Responsibilities for bills
- A statement for the tenant stating that antisocial behaviour is a breach of the agreement
- How to end the tenancy agreement (how much notice is required by the landlord and by the tenant for moving out of the property)
It may also contain information about the furniture in the property, rules around pets or smoking.
Depending on the type of tenancy, the landlord and tenant will have different rights and responsibilities so it’s important to have those clear from the beginning of the tenancy.
Other types of tenancy agreements
Common law
For cases where the tenant is living with the landlord. Although no written agreement is needed, it is recommended that there is a lodger agreement put in place.
Regulated tenancies
Tenancies created before 2 January 1989 are usually this type. Some of these still exist but a new one cannot be created. With these agreements, landlords or tenants can ask Rent Services Scotland to set ‘fair rent’ with a form called RR1.
Changes to tenancy agreements
If the landlord wants to make changes to the tenancy agreement then it will need to be agreed with the tenants.
Further information for tenants and landlords in Scotland can be found in the Private Renting section of The Scottish Government website
For thousands of properties to rent throughout Scotland, search s1homes.com