Scotland Tenancy Agreement Changes: Everything You Need to Know
If you are a landlord or tenant in Scotland, you may be affected by the recent changes made to the tenancy laws. The Scottish government has enacted new legislation that has brought some significant changes to the Scottish tenancy agreements.
Here are some of the Scotland tenancy agreement changes that you need to know:
1. Introduction of the Private Residential Tenancy (PRT)
The PRT has replaced the previous tenancy agreements known as Short Assured Tenancies (SATs) and Assured Tenancies (ATs). PRTs are open-ended tenancies, which means that a tenant can stay in the property for as long as they need to, as long as they follow the terms of the agreement. The landlord can only end the tenancy if they have a reason that is specified in the law, such as wanting to sell the property or move in themselves.
2. Changes to the grounds for eviction
Under the previous SATs and ATs, landlords could terminate the tenancy agreement without providing a reason as long as they had given the tenant notice. However, under the new legislation, a landlord must provide a specific reason for evicting a tenant, known as a “ground for eviction.” There are 18 specified grounds, such as non-payment of rent or antisocial behavior.
3. Rent increases
The new legislation has introduced measures to limit rent increases. Landlords can only increase the rent once a year and must give tenants at least three months` notice of any increase. If a tenant feels that the increase is unfair, they can challenge it through a rent officer.
4. Changes to the notice period
The notice period required to terminate a tenancy has changed. The notice period now depends on how long the tenant has been in the property. For example, if a tenant has been in the property for less than six months, the notice period is 28 days. If they have been there for more than six months but less than a year, the notice period is 84 days.
5. Restrictions on rental deposits
The new legislation limits the amount landlords can ask for as a rental deposit. The maximum deposit a landlord can request is two months` rent, and they must place it in a government-approved tenancy deposit scheme.
Conclusion
These are some of the Scotland tenancy agreement changes that you need to be aware of if you are a landlord or tenant in Scotland. It is essential to understand your rights and obligations under the new legislation to avoid any misunderstandings or disputes. If you have any questions or concerns, it is always best to seek advice from a legal professional.