Tenancy Agreement - Scotland

Further Information

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 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).

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 and also written information about the effect of the Repairing Standard provisions of the Housing (Scotland) Act 2006 on the tenancy. An inventory should also be prepared of the furnishings or equipment included in the let.

There are two types of Assured Tenancy Agreement that we offer, one for a House and one for a Room. The "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 "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.

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.

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 samples online of completed Tenancy Agreements by following these links: House and Room.

Features

This agreement is suitable for use in Scotland and includes clauses covering:

• The amount of rent and deposit payable and the term of the tenancy
• Landlord's obligation to insure the property
• Landlord's repairing obligations
• Right of landlord to charge interest on late rent payments
• Tenant's obligation to pay bills and council tax
• Tenant's obligation to keep the property and any garden in good order and repair
• To use the property for residential purposes only
• Not to cause nuisance or annoyance to others
• Not to keep pets without written permission
• Not to leave property unattended for more than 14 days without informing landlord.

Related Documents

This document is also available as part of a Property Annual Subscription (£70.50) or a Full Annual Subscription (£236.18). 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