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Blog: Changes to Residential Tenancies in Scotland - December 2017

 

The main characteristics of the private residential tenancy can be summarised as follows:

  • The new tenancy will be open-ended. This means it will continue to run until the tenant leaves the property or the landlord uses any of the 18 grounds for eviction set down by the 2016 Act. 

 

  • There are new provisions for rent increases. The landlord may only increase the rent once every 12 months. As a landlord, you must also provide your tenant with three month’s written notice before you carry out this increase. The tenant has 21 days to refer this increase to a rent office if they deem this unfair.

 

  • If a local council believes rents are rising too much within a specific area, they can apply to Scottish Ministers to have that area become a designated rent pressure zone. This means a maximum limit is set on how much rents are allowed to increase for existing tenants each year in that area.

 

  • A longer notice period now means as a landlord you must give 84 days’ notice if you decide you want to end the tenancy and you must serve your tenant a notice of leave document to advise them of this. There is a 28 days’ notice period if the tenant has lived in the property for 6 months or less. You must also provide such notice to a sub-tenant.

 

  • If the tenant doesn’t move out on expiry of the notice period, a landlord can then apply to the Tribunal for an eviction order.

The Scottish Government have published a model private residential tenancy that can be used by landlords. This can be found at http://www.gov.scot/Publications/2017/10/3669. When you use this, you must provide your tenant with a copy of the ‘Easy Read Notes’ found at http://www.gov.scot/Publications/2017/10/3671.

Should you have any queries on how this will affect you, please do not hesitate to contact our specialist team on 01698 312082 or by emailing us at debtrecovery@tchlaw.co.uk.

Credit to: Caitlin McNiven, Trainee Solicitor, (c) TCH Law

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