As most landlords will by now be aware, the new Scottish Private Residential Tenancy (SPRT) will be introduced on 1 December 2017. The new form of tenancy is intended to improve security of tenure for tenants while also providing safeguards for landlords, lenders and investors.
Under the new regime assured and short assured tenancies will be replaced by a new form of tenancy known as the Scottish Private Residential Tenancy or SPRT. The changes will apply only to tenancies created on or after 1 December 2017. Tenancies created prior to that will remain assured or short assured tenancies or, if prior to 1989, regulated or protected tenancies. While there is an option for landlords to convert existing assured and short assured tenancies to SPRTs there is no automatic conversion. The new tenancy will also be open ended and will terminate on the tenant giving notice to the landlord of his or her intention to leave the property or the landlord evicting the tenant on one of the 18 statutory grounds.
The Scottish Government have published a “Model Tenancy Agreement” which includes standardised tenancy terms. The Model Tenancy Agreement is not compulsory. However, if landlords do not use the Model Tenancy Agreement then they must ensure the agreement used contains the statutory terms.
Landlords will no longer require to issue a Form AT5 or Tenant Information Pack but they will have to issue either the Scottish Government’s Easy Read Notes if they are using the Model Tenancy Agreement or the Statutory Terms Supporting Notes if they are using their own tenancy agreement which incorporates the statutory terms.
Further benefits for landlords include:
- where a tenant is in rent arrears, a landlord can refer a case for repossession more quickly
- one simple notice when regaining possession of a property called a 'notice to leave' – this will replace the current 'notice to quit' and AT6 or Section 33 notice
- eighteen modernised grounds for repossession, which include new grounds where the property has been abandoned or the landlord intends to sell.
Lindsays have reviewed the Model Tenancy Agreement and added additional clauses to provide landlords with further protection. Should you require any further information or guidance regarding Scottish Private Residential Tenancies and the Model Tenancy Agreement please contact a member of the team.
