Tenancy Agreements

On 1 December 2017 a new type of tenancy will come in to force, called the private residential tenancy. This will replace the assured and short assured tenancy agreements for all new tenancies.

Assured and Short Assured Tenancies (before 1 December 2017)

If you chose to rent out a property, one of the things you have to decide is what type of tenancy agreement you are going to use.  The tenancy agreement should be in writing and will be either a short assured tenancy or an assured tenancy.  If the tenancy agreement is not in writing, it will automatically become a statutory assured tenancy, and this may mean you find it harder to get your property back when you need it.

Read more about assured and short assured tenancies from Renting Scotland

The city of Edinburgh council have a model tenancy agreement that landlords can use if they are setting up an assured or short assured tenancy.

Tenancies and tenancy documents can also be downloaded from Scottish Association of Landlords, website.

Private Residential Tenancy (After 1 December 2017)

New ‘Private Residential Tenancy’ comes into force on 1 December 2017

The introduction of the new Private Residential Tenancy means that it will no longer be possible to create an assured or short assured tenancy from 1 December 2017 onwards (existing tenancies that were taken out before 1 December 2017 will continue to operate as they do currently until they come to an end).

To find out more information about the new tenancy please use the following links:

Tenant information
Private residential tenancies: information for tenants

Landlord Information
Private residential tenancies: information for landlords

It is the law that a landlord must give their tenant(s) a written tenancy agreement. The
Scottish Government has produced a ‘Model Private Residential Tenancy Agreement’ to help do this which includes both mandatory clauses that must be included when using the model tenancy as well as discretionary terms which a landlord may or may not choose to include. A link to the new model tenancy is below.
http://www.gov.scot/Publications/2017/10/3669

When a landlord uses the ‘Model Private Residential Tenancy Agreement’ they must also provide their tenant(s) with a copy of the ‘Easy Read Notes for the Scottish Government Model Private Residential Tenancy Agreement’ which explain all of the different parts of your tenancy agreement .  A link to the Easy Read Notes is provided below.
http://www.gov.scot/Publications/2017/10/3671

The Scottish Government have launched a website that allows landlords to create tenancy agreements which contain clauses "required" under the new legislation. The online tool also allows landlords to add or remove correctly drafted "optional" clauses as required to ensure that all new tenancies created using the tool are fully compliant with the new rules. A link to the website is below.

https://www.mygov.scot/tenancy-agreement-scotland/

Sometimes a landlord will choose not to use the ‘Model Private Residential Tenancy Agreement’.  A landlord can use a different tenancy agreement as long as it sets out all of the statutory terms.  If a landlord decides to do this they must provide their tenant(s) with a copy of the ‘Private Residential Tenancy Statutory Terms Supporting Notes’ which includes information about the nine tenancy terms which must be provided in the tenancy agreement by law. A link to this document is below:
http://www.gov.scot/Publications/2017/10/8776

If you have any questions please send them to PRSTenancies@gov.scot

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