Tenancy Agreement Scotland

This is a Short Assured Tenancy Agreement for a residential property which sets out the duties and responsibilities of the non resident landlord and tenant. The property can be furnished or unfurnished. The tenants must be an individuals.

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Further Information

This Tenancy Agreement Template is for a residential property and sets out the duties and responsibilities of the (non resident) landlord and tenant. The property or any part of it can be furnished or unfurnished and the tenant or tenants must be an individual or individuals (i.e. not a company or partnership).

Length of Tenancy

A Short Assured Tenancy must be for at least 6 months initially and before the tenancy begins, the landlord must give the tenant a signed notice (Form AT5 ) stating that the tenancy is a Short Assured Tenancy. An inventory should also be prepared of the furnishings or equipment included in the let.

Tenant Information Packs

From 1 May 2013 landlords must also issue tenants with a Tenant Information Pack which is essentially a tenant's guide to private sector tenancies in Scotland. From this date, landlords are required to provide new tenants with standard documents no later than the date on which the tenancy starts. This includes the renewal of existing tenancies where the landlord and tenant draw up a new lease.

Tenancy Agreement for Room or House

We offer two types of Assured Tenancy Agreement, one for a House and one for a Room. The Scottish Tenancy Agreement 'House' version is suitable for use when letting a whole flat or house to a single tenant or joint tenants. In this case the tenants have joint responsibility for bills etc. This is generally easier to manage than the 'Room' version.

The Scottish Tenancy Agreement 'Room' version is suitable for use when letting a room within a flat or house to a tenant. If the property has several such tenants, each tenant is responsible for their share of bills etc. This is useful in situations where it is easier to find single tenants for rooms within a property where the tenants may wish to stay for different terms.

Landlord Registration

Private landlords letting property in Scotland must be registered unless all the properties they let are exempt. The following types of property (amongst others) are exempt: the only or main residence of the landlord with not more than 2 lodgers, holiday lets and properties let to members of the landlord's family. For further information and to register visit Landlord Registration, operated by the Scottish Government.

Tenancy Deposit Protection Schemes

From 2 July 2012 a landlord or letting agent who takes a deposit for a Short Assured Tenancy in Scotland must join a Government-authorised tenancy deposit protection scheme. Within 30 working days of the beginning of the tenancy, the landlord must pay the deposit into the scheme and he must also provide the tenant with prescribed information about the tenancy, the deposit and the scheme that will be protecting it. We provide a Prescribed Information Form and tenancy deposit guidance notes with all versions of our Scottish Tenancy Agreement.

Details of the 3 tenancy deposit protection schemes and further information can be found at: The LPS Scotland, Safe Deposits, and Mydeposits Scotland.

Unlawful Fees

Landlords and agents should be aware that service charges (e.g. for collecting references) and administration fees are unlawful from 30 November 2012 in Scotland.

Using a Tenancy Agreement

It is recommended that the Tenancy Agreement is prepared in duplicate and both copies should be signed by all parties, with both the landlord and tenant retaining a copy. An inventory should also be prepared of the furnishings or equipment included in the let.

Sample

You can view aonline sample Tenancy Agreement by following these links: House and Room.

Features

This Short Assured Tenancy Agreement is suitable for use in Scotland and includes clauses covering:

This document is also available as part of a Property Annual Subscription (£70.50) or a Full Annual Subscription (£199). These subscriptions give you access to wide range of documents, packages and forms for a single annual discounted fee. It is also available as part of the Tenancy Package (£35.25). If you are looking to rent a room in your own home you need a Rent a Room Agreement.

England and Wales Version

If you are looking for a Tenancy Agreement for use in England and Wales, follow this link: Tenancy Agreement - England and Wales

 
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