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Scottish Government clarifies Scotlands new tenancy

Monday, 2nd October, 2017

The Scottish Government has recently introduced further legislation to clarify the position regarding existing Short Assured Tenancies (SATs), where from 1 December 2017 the Private Housing (Tenancies) (Scotland) Act 2016 commences and introduces the new Private Residential Tenancy (PRT).


The Act initially read that from the commencement date all short assured tenancies, if continuing by tacit relocation (silent renewal) would remain as a SATs until terminated. Those existing SATs that were continuing by contractual arrangement, for example month to month would then convert to the new PRT.


As this was not the intention of the Scottish Government, these further regulations have been introduced. 


Therefore, from the 1st December 2017 all existing SATs will remain, where they continue under tacit relocation or a rolling lease.


The regulations also have provisions for “a new contractual tenancy….which comes into being after 1 December 2017 at the ish of a short assured tenancy” which permit extensions to be made to existing SATs - for example new contractual extensions not just rolling terms, and they will remain as SATs.


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