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Scotland's new model tenancy agreement

Thursday, 16th November, 2017

Private Housing (Tenancies) (Scotland) Act 2016

Model tenancy agreement

New  Private  Residential Tenancy  (PRT)  due  to commence  1  December        2017

Statutory terms must be included

Landlord can add extra clauses

             No initial tenancy term -      "day to day" lease from outset

New Model Lease' now published  online

Rents

In it ial rent can be set by open market

            Rent can be increased no more than once a year

3 months notice of rent increase to be given

            Rent increases to be to open market rent unless in Rent Pressure Zone (RPZ)

 

            Rent Pressure Zones (RPZ)s

Local authorities can apply to Scottish Ministers for designation of RPZ

Ministers must consult landlord & tenant representatives

Ministers must evidence that rents are: -

Rising by too much

Causing undue hardship to tenants

             Putting pressure on local authorities to provide housing/subsidies rent

Ministers can designate area as RPZ for up to 5 years

            Rent increases for sitting tenants in RPZs limited  to specified figure (must  be at least 1% above CPI)

 

Notice to leave

 

Tenant to landlord- 28 days

Landlord to tenant (no tenant breach)

28 days {if tenant has occupied for 6 months or less)

84 days {if tenant has occupied for more than 6 months)

Landlord to tenant (tenant breach)

28 days

In rent arrears cases can be issued as soon as tenant owes 1 months' rent but tribunal proceedings cannot commence until tenant has owed some rent for 3 consecutive  months

 

Tenancies  Act  is  not  retrospective

 

            Assured/ short  assured tenancies still in force when Act is implemented  should still be ended using current procedures

 

            8 mandatory grounds

Landlord intends to   sell

Property to be sold by lender

Landlord intends to refurbish

Landlord intends to live in property

Landlord intends to use for non-residential purpose

Property required  for  religious purpose

Tenant not occupying let property

Tenant has relevant convict ion

 

8 discretionary grounds

Family member intends to live in property

Tenant no longer in need of supported accommodation

Breach of tenancy agreement

Anti-social behaviour

            Association with person who has relevant conviction or engaged in relevant anti-social behav iour

Landlord has ceased to be registered

HMO licence has been revoked

Overcrowding  statutory  notice served on landlord

 

2 "mixed" grounds

Not an employee (mandatory if apply for

eviction order within 12 months of employment ceasing)

             Rent arrears (mandatory if tenant owed rent for 3 or more consecutive months and owes at least 1 months' rent at start of day on which tribunal first considers case)

 

             Wrongful termination

            If landlord misleads tribunal into awarding eviction order                        OR     

            Tenant was misled into leaving property without eviction order

            Tribunal can award wrongful termination order requiring landlord to pay tenant up to 6 months' rent. Could also jeopardise landlord registration status.

 

 

Further  information:

 

 

https://beta.gov.scot/publications/private-residential-tenancies-landlord-sguide 

 

 

 





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