PRIVATE HOUSING (TENANCIES)(SCOTLAND) BILL

The anticipated Private Housing (Tenancies)(Scotland) Bill outlining the proposals for a new tenancy regime in Scotland has now been published.  The Bill outlines a complete reform of the current regime making the biggest change to the Scottish landlord and tenant legislation in over 25 years.

Ten things you should know:

1. Assured tenancies (including Short Assured Tenancies) will cease to exist.  In their place will be a new Scottish Private Residential Tenancy (SPRT).
2. The new SPRT will be in a prescribed format laid down by the legislation to which landlords will be able to add their own clauses.
3. The term of the new SPRT can be for any duration agreed between the parties but if no term is stipulated then the term will be for an initial 6 months.
4. A landlord will no longer be able to rely on the “no fault” right to possession currently available to a landlord of a Short Assured Tenancy.
5. There will be 16 grounds for possession and the landlord will only be able to end a tenancy if he is able to establish at least one of these grounds. 
6. New notice periods will apply depending on the length of the tenancy term.  Landlords will be required to give no less than 4 weeks notice (if the term was less than 6 months) or 12 weeks (if the term was 6 months or more).
7. The new regime will not apply to tenancies already in operation at the point the legislation comes into force, unless the parties agree otherwise.
8. All new tenancies created after the legislation comes into force will be a SPRT
9. Once the Bill is approved and enacted there will be a need for secondary legislation before the proposals can be implemented.
10. This secondary legislation will be finalised during 2016-17 and it is expect hat the new tenancy regime will take effect from 2018.

For more detailed information the published Bill can be viewed on the government website 

For more information of our services to private residential landlords please contact Maureen Blease