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Publication - Consultation Paper

Private Housing (Tenancies) (Scotland) Act 2016: consultation on regulations

Published: 3 Oct 2016
Part of:
Housing
ISBN:
9781786524973

Consultation seeking views on secondary legislation and further policy to support the new private residential tenancy.

111 page PDF

1.2MB

111 page PDF

1.2MB

Contents
Private Housing (Tenancies) (Scotland) Act 2016: consultation on regulations
Section 1: Prescribed Notices

111 page PDF

1.2MB

Section 1: Prescribed Notices

The 2016 Act enables Scottish Ministers to prescribe in secondary legislation the content, and any other requirements, of certain forms/notices which must be used under the new tenancy.

The forms/notices which can be prescribed are:

Purpose of the notice Section of the 2016 Act
Tenant's notice to a landlord that he or she intends to refer a case to the Tribunal for failure to provide a tenancy agreement and/or other specified information, if any. 17(3)
Rent increase notice that a landlord must serve on a tenant to increase the rent - which includes a tenant's notification to the landlord advising him or her that a referral to a rent officer is being submitted 22(2)(b) 24(4)
Tenant's rent increase adjudication referral to a rent officer 24(4)
Landlord's application form to apply to a rent officer for property improvement costs in a rent pressure zone 43(1)
Notice to leave from a landlord to a sub-tenant 61(3)(b)
Notice to leave from a landlord to a tenant 62(1)(d)

We expect that all of the above forms/notices will be interactive, which means they can be completed electronically using fillable fields and, where appropriate, will contain some pre-written text in drop-down menus which users can opt to include should they wish. Alternatively, the forms/notices could be printed off as a pdf and completed by hand.

The first stage in the development process is to ensure that each form/notice contains all of the necessary appropriate information required for its particular purpose. For example, the Notice to leave from a landlord to a tenant must provide the tenant with sufficient information to clearly explain the:

  • purpose of the notice
  • day on which the landlord expects to make an application for an eviction order to the Tribunal
  • eviction ground(s)
  • next steps in the process and sources of support and advice.

The text in each document must be clear, concise and easily understood.

In the following pages of this section, we are seeking your views on the proposed draft content of each of the six forms/notices outlined in the table above.

I. Tenant's Notification To A Landlord Of A Referral To The First-Tier Tribunal (The Tribunal) Under Section 14 Or 16 Of The Private Housing (Tenancies) (Scotland) Act 2016 (The Act)

The notice below informs a landlord that their tenant wishes to make an application to the Tribunal in respect of their failure to provide him or her with a copy of all of the written terms of his or her tenancy and/or their failure to provide any specified information.

We are seeking your views on the following questions:

Please Respond By Completing Annex A Which Is The Respondent Information & Consultation Questions. It Contains The Following Questions On This Notification:

Q1. Do you think the proposed 'Tenant's notification to a landlord of a referral to the Tribunal under section 14 and 16 of the 2016 Act' is fit for purpose?

◘Yes
◘No - please set out why you think the notification is not fit for purpose
◘Unsure

Q2. Do you think the proposed 'Tenant's notification to a landlord of a referral to the Tribunal under section 14 and 16 of the 2016 Act' is easily understood?

◘Yes
◘No - please set out why you think the notification is not easy to understand
◘Unsure

Q3. Do you think the 'Tenant's notification to a landlord of a referral to the Tribunal under section 14 and 16 of the 2016 Act' should have additional content?

◘Yes - please tell us what that content should be and explain why you think it is required
◘No
◘Unsure

Q4 . Do you think anything in the 'Tenant's notification to a landlord of a referral to the Tribunal under section 14 and 16 of the 2016 Act' should be removed?

◘Yes - please tell us what you think should be removed and explain why you think it is unnecessary
◘No
◘Unsure

Tenant's Notification To A Landlord Of A Referral To The First-Tier Tribunal (The Tribunal) Under Section 14 Or 16 Of The Private Housing (Tenancies) (Scotland) Act 2016 (The Act)

Important: Information For Landlord(S)

This notice informs you as a landlord [2] that your tenant wishes to make an application to the Tribunal in respect of your failure to provide him or her with a copy of all of the written terms of his or her tenancy and/or your failure to provide any specified information. The notice also informs you if your tenant is seeking a payment order from the Tribunal which, if awarded, may require you to pay your tenant up to a maximum of six months' rent.

Part 1

To: ____________________________________________________________
(name of the landlord(s)/Agent*)

at: _____________________________________________________________
(address of landlord(s)/ Agent*)

Note 1 To 6 To Landlord:

The Act provides that a landlord must give a tenant a copy of the written terms of that person‟s tenancy agreement, if those terms are not already fully set out in writing
(section 10).

The Scottish Ministers also have a power to make regulations to specify information that landlords must provide to the tenant and the timescales within which they must do so
(section 11).

Where a landlord is required to supply written tenancy terms to the tenant, or specified information, and has failed to do so, the tenant has the ability to refer a case to the Tribunal.

Your tenant must give you at least 28 days‟ notice before making an application to the Tribunal. When calculating the 28-day period, it starts on the later of the day you received this notice from the tenant, and the period ends on the day falling 28 days after it began. For example, if you receive this notice from your tenant on 15 January, the notice period expires at the end of the day on 12 February. Because your tenant cannot apply to the Tribunal until after the notice period has expired, your tenant cannot actually refer his or her case to the Tribunal until 13 February.

* delete as appropriate

On receipt of this notice, you should take all practical steps to provide your tenant with the missing information as soon as possible. If you provide your tenant with all of the necessary information within the 28 days‟ notice period, your tenant cannot then make a referral to the Tribunal.

If you are uncertain about what anything in this notice means or if you are unsure of your rights and responsibilities you should get advice as quickly as possible. You may be able to get this from an organisation which gives advice on housing matters such as your local authority, Shelter Scotland or your local Citizens Advice Bureau, or from a solicitor. If you need to employ a solicitor, legal aid may be available depending on your income.

Part 2

This gives you notice that:

____________________________________________
(name of tenant)

at:_______________________________________________________________
(address of let property)

intends to make a referral to the Tribunal no earlier than

____________________ ( insert the day after the 28 days' notice period ends) for:

◘ Failure to provide me with all of the written terms of my tenancy under section 10 of the Act.

◘ Failure to provide me with the information specified in the regulations under section 11 of the Act.

◘ A payment order under section 16 of the Act.

Signed: ________________________________ (tenant/tenant's agent)

Date: _________________________________

Address of tenant's agent (if appropriate):

___________________________________________________________

Note 7 To 10 To Landlord:

The Act enables a tenant to apply to the Tribunal to make a payment order against you if you fail to provide the tenant with the necessary tenancy documentation (i.e. documentation required by virtue of section 10 or 11).

In cases where you do not have a reasonable excuse for your failure, the Tribunal could order you to pay the tenant up to a maximum of three months‟ rent where there is a single failure to provide either the written terms of the tenancy required under section 10 or any of the other information required under section 11. Where you have failed to provide both the terms of the tenancy required under section 10 and any other information required under section 11, the order could require you to pay the tenant up to a maximum of six months‟ rent.

The Act prevents a tenant from increasing the amount he or she can be awarded by bringing separate applications for each individual item not provided under section 11. Accordingly, there is no second opportunity to make a claim in respect of a particular failure to comply with section 11 if it could have been included in an earlier claim regarding a breach of section 11.

The Act states that if there are joint landlords, the Tribunal may make an order against all, some or only one of them. However, the total amount that a tenant may receive is the same as it would be if the tenant had a sole landlord. Equally, where a joint tenant makes an application, the award is apportioned in accordance with section 16(7) so that even if the other joint tenants make separate applications later, the total amount that a landlord may be required to pay is the same as it would be if there were a sole tenant.

Private Housing (Tenancies) (Scotland) Act 2016

Private Residential Tenancy

Notes For Tenants - These Notes Are For Guidance Only And Are Not A Definitive Interpretation Of The Law .

When To Use This Notice

1. You must serve this notice on your landlord before you can refer a case to the Tribunal because your landlord has failed to provide you with:-

a) the written terms of your tenancy agreement; and/or
b) any other information that Scottish Ministers have said your landlord must give you.

Where your Landlord uses a Letting Agent, this notice may be served on the letting agent instead of the landlord.

_________________________________________________________________________

Giving The Right Amount Of Notice

2. You must give your landlord 28 days' notice of your intention to refer a case to the Tribunal and cannot make a referral to the Tribunal until that notice period has passed.

The notice period is calculated from the date your landlord receives this notice (see note below on 'How To Serve A Notice').

_________________________________________________________________________

How To Complete This Notice

3. As tenant you should complete Parts 1 and 2 of this notice.

_________________________________________________________________________

How To Serve The Notice

4. After you sign and date this notice you must take steps to ensure your landlord receives it as soon as possible. Where your Landlord uses a Letting Agent, this notice may be served on the letting agent instead of the landlord. A notice can be served validly on a landlord or agent only in the following ways:-

a. by hand delivering it to him or her; or
b. by sending it by recorded delivery letter to him or her at his or her address ; or
c. if electronic means has previously been agreed as the preferred correspondence method, by emailing the notice to the landlord's or agent's current email address.

Section 26 of the Interpretation and Legislative Reform (Scotland) Act 2010 applies which means that unless delivered personally, you must allow your landlord 48 hours to receive the notice. This delivery time should be factored into the amount of notice you give your landlord. It is worth noting that your landlord can challenge this presumption, but he or she must provide you with evidence which shows the exact date he or she received this notice.

_________________________________________________________________________

Further Guidance

5. If you are uncertain about what anything in this notice means or if you are unsure of your rights and responsibilities you should get advice as quickly as possible. You may be able to get this from an organisation which gives advice on housing matters such as your local authority, Shelter Scotland or your local Citizens Advice Bureau, or from a solicitor. If you need to employ a solicitor, legal aid may be available depending on your income.

II. Landlord's Notification To A Tenant Of A Rent Increase Under Section 22 Of The Private Housing (Tenancies) (Scotland) Act 2016

The notice below informs a tenant that their landlord wishes to increase the rent for their private residential tenancy.

Please note that the 'Landlord's notification to a tenant of a rent increase under section 22 of the 2016 Act' also includes the 'notification from a tenant to a landlord advising him or her that a referral to a rent officer is being submitted required under section 24(3)(c) of the 2016 Act' (see Part 3 of the proposed notification below).

We are seeking your views on the following questions:

Please Respond By Completing Annex A Which Is The Respondent Information & Consultation Questions. It Contains The Following Questions On This Notification:

Q5. Do you think the proposed 'Landlord's notification to a tenant of a rent increase under section 22 of the Private Housing (Tenancies) (Scotland) Act 2016' is fit for purpose?

◘Yes
◘No - please set out why you think the notification is not fit for purpose
◘Unsure

Q6. Do you think the proposed 'Landlord's notification to a tenant of a rent increase under section 22 of the Private Housing (Tenancies) (Scotland) Act 2016' is easily understood?

◘Yes
◘No - please set out why you think the notification is not easy to understand
◘Unsure

Q7. Do you think the 'Landlord's notification to a tenant of a rent increase under section 22 of the Private Housing (Tenancies) (Scotland) Act 2016' should have additional content?

◘Yes - please tell us what that content should be and explain why you think it is required
◘No
◘ Unsure

Q8 . Do you think anything in the 'Landlord's notification to a tenant of a rent increase under section 22 of the Private Housing (Tenancies) (Scotland) Act 2016' should be removed?

◘Yes - please tell us what you think should be removed and explain why you think it is unnecessary
◘No
◘Unsure

Landlord's Notification To A Tenant Of A Rent Increase Under Section 22 Of The Private Housing (Tenancies) (Scotland) Act 2016

Important: Information For Tenant(S)

This notice informs you as a tenant that your landlord wishes to increase the rent for your private residential tenancy. The new rent will take effect from the day specified in this notice unless you:

1. reach an agreement with your landlord to further delay the rent increase, or

2. refer this notice to Rent Service Scotland for a rent determination using the specific rent adjudication form within 21 days of receiving this notice, or

3. can prove that your landlord did not provide you with the adequate notice of the increase (see note 1 below).

Please Read This Information Before Responding To Your Landlord

Part 1

To: ____________________________________________________________
(name of the tenant(s))

of: _____________________________________________________________
(address of the let property)

Note 1 To Tenant:

Your landlord must give you at least 3 months‟ notice of any rent increase. When calculating the three month period, it starts on the day you received the notice and ends on the same day three months after your received it, or if the month in which it ends has no such day, the final day of that month. For example, if you received a rent increase notice on 4 March, the three months‟ notice period would end on 4 June, so the earliest the increased rent must be paid is 5 June. If you received the notice on 30 November, the notice period would end on 28 or 29 February (depending on whether it was a leap year), and the earliest the increased rent must be paid is 1 March.

If you think that your landlord has not provided you with sufficient notice, you must be able to provide evidence to support your claim. You should send a copy of the evidence to your landlord along with the completed Part 3 of this form.

Part 2

This gives you notice that: ___________________________________________
(name of landlord)

of:_______________________________________________________________
(address of landlord)

proposes to charge a new rent of £____________ per *month/week/year

for your tenancy at the address in Part 1.

The new rent is to take effect from ___________________ (insert date).

Signed: ________________________________ (landlord/landlord's agent)

Date: _________________________________

Address of landlord's agent (if appropriate):

___________________________________________________________

Note 2 And 3 To Tenant:

A landlord can only increase your rent using this notice only if you have a private residential tenancy and your rent has not increased within the last twelve months. If you are in doubt about the date your last rent increase took effect or what kind of tenancy you have you should contact a solicitor or an organisation which gives advice on housing matters (such as Shelter Scotland or Citizens Advice Bureau).

If you think that the rent increase proposed by your landlord is unreasonable you can refer this notice to a Rent Officer for rent adjudication. You must do so using the specific rent adjudication form (obtainable from Rent Service Scotland, the Scottish Government‟s website or a housing advice service). Please note that when determining the amount of rent that should be paid for the let property, a Rent Officer can vary your rent amount upwards or downwards.

Part 2( RPZ)

This section must be completed if the address in Part 1 is located in an area which has been designated by Scottish Ministers as a Rent Pressure Zone

Scottish Ministers have set a cap on the maximum amount that your rent can be increased. The new proposed rent amount outlined above in Part 2 must not exceed this cap. The following equation has been used by Ministers to set the cap for the area that you live in:

equation used by Ministers to set the cap for the area that you live in

In the above equation:

  • R is the amount of rent payable before the rent increase.
  • CPI is the percentage increase in the consumer prices index over the period from the day of your last rent increase or, if your rent has not been increased before, from the day your tenancy began.
  • X is the number of percentage points set out in the order by Scottish Ministers
  • Y is the amount (if any) that your landlord can charge you for property improvements.

For example, if:

  • R = £800 (rent amount payable before the rent increase)
  • CPI over the period is 0.6%
  • X is set by Ministers at 2%
  • Y is £30

The calculation would look like this:

The calculation would look like this

When you add-in the actual amounts for each of the letters above, the equation looks like this:

When you add-in the actual amounts for each of the letters above, the equation looks like this

(insert the appropriate figures)

The above cap is in force from _______________to____________________
(insert the period of the designation)

Only a Rent Officer can decide how much can be inserted above for 'Y'. If a figure greater than zero has been added for 'Y', a copy of the Rent Officer's decision must accompany this notice which confirm that amount.

Note 4 To 7 To Tenant

Your local authority has applied to the Scottish Ministers to have the area you live in designated as a Rent Pressure Zone because rents in your area are rising too much, causing hardship to sitting tenants in that area and having a detrimental effect on the authority's broader housing system.

Scottish Ministers have accepted the authority's application and designated the area as a rent pressure zone. This means that there is a cap on the amount that your rent can increase by, which is set out in an order from Scottish Ministers. Any cap set by Ministers is at least the Consumer Prices Index ( CPI) [3] plus one percent.

Ministers have the power to include an additional percentage to CPI + 1% (this is X in the above equation), if they consider this appropriate. In addition, landlords can apply to a rent officer for a determination of an additional amount where this has been incurred due to costs for improving the property (this is Y in the equation). If your landlord has included a figure above for Y, he or she must also give you a copy of the letter from the rent officer which shows how much he or she is allowed to increase your rent for improvements.

It is against the law for your landlord to increase your rent by more than the cap set by Ministers. If you think your rent increase is more than the cap, you should speak to your landlord or contact a solicitor or an organisation which gives advice on housing matters (such as Shelter Scotland or Citizens Advice Bureau).

Important: Note 8 To 10 To Tenant

You must detach Part 3 below and return it to your landlord as soon as possible - please retain a copy for your records.

You may wish to discuss the proposed new rent with your landlord before you complete and return Part 3.

Please Note that you cannot refer a case to a rent officer for a rent determination if the let property is located in a rent pressure zone.

But Remember, if the property is not in a rent pressure zone, you only have 21 days from the date you received this notice to refer a case to a Rent Officer for a rent determination. Before sending your case to a Rent Officer (using the specific rent adjudication form), you must use Part 3 below to tell your landlord that you intend to make a referral to a Rent Officer.

Part 3

(This part should be completed by the tenant and returned to the landlord - failure to do this will mean that the rent increase will take effect from the date proposed in Part 2 of this notice)

To: __________________________________________________________
(landlord/landlord's letting agent)

From: ____________________________________________________________
(name of the tenant(s))

of: _____________________________________________________________
(address of let property)

*I/We acknowledge receipt of the rent increase notice dated _________ and give you notice that

◘*I/We accept the new rent to apply from ____________________________

◘*I/We accept the new rent, but have not been given sufficient notice. I/we can provide evidence that I//we did not receive the rent increase notice until _________________.
Therefore, the rent increase cannot take effect until _________________.

◘*I/We do not accept the new rent to apply from _______________ and propose to send a case to a Rent Officer for a determination of the open market rent.
You Cannot Choose This Option If The Let Property Is Located In A Rent Pressure Zone.

Signed: __________________________________________________
(tenant/tenant's agent)

If the tenancy is a joint tenancy all tenants or their agents must sign.

Date: ____________________________________________

Address of tenant's agents(s) (if appropriate):

______________________________________________________
[* delete as appropriate]

This is an important document and it should be kept in a safe place.

Private Housing (Tenancies) (Scotland) Act 2016

Private Residential Tenancy

Notes For Landlords - These Notes Are For Guidance Only And Are Not A Definitive Interpretation Of The Law .

_________________________________________________________________________

When To Use This Notice

1. You may serve this notice on your tenant only in the following circumstances:-

c) Your tenant has a private residential tenancy; and
d) The proposed rent increase is not taking effect earlier than 12 months after the

rent was last increased.

_________________________________________________________________________

Giving The Right Amount Of Notice

2. You should note that you must give your tenant at least three months' notice of the proposed increase. The three month notice period starts on the day the tenant receives the rent increase notice and ends the same date three months after the tenant received it, or if the month in which it ends has no such day, the final day of that month. For example, if the tenant received the rent increase notice on 4 March, the three months' notice period would end on 4 June, so the earliest the increased rent could be paid is 5 June. If the tenant received the notice on 30 November, the notice period would end on 28 or 29 February (depending on whether it was a leap year), and the earliest the increased rent could be paid is 1 March. If you do not provide your tenant with the necessary three months' notice of an increase, your tenant will not be required to pay the increased amount until three months has elapsed since the day he or she received your rent increase notice.

_________________________________________________________________________

How To Complete This Notice

3. As landlord you should complete Parts 1 and 2 of this notice.

You should also complete Part 2( RPZ) if the let property is located in an area which has been designated by Scottish Ministers as a rent pressure zone. If you include an amount for improvement costs, you must also provide your tenant with a copy of the rent officer's decision which shows the amount you are entitled to increase the rent by to cover these costs (this will be the figure inserted for Y in the rent increase equation in Part 2( RPZ)).

You should leave Part 3 blank. This is for your tenant to use when giving you a response to the proposed new rent.

_________________________________________________________________________

How To Serve The Notice

4. After you sign and date the rent increase notice you must take steps to ensure your tenant receives it as soon as possible. A notice can be served validly on a tenant only in the following ways:-

a. by hand delivering it to him or her; or
b. by sending it by recorded delivery letter to him or her at the address of the let property; or
c. if electronic means has previously been agreed as the preferred correspondence method, by emailing the notice to the tenant's current email address.

As set out in section 26 of the Interpretation and Legislative Reform (Scotland) Act 2010, unless delivered personally, you must allow the tenant 48 hours to receive the notice. This delivery time should be factored into the amount of notice you give the tenant. The tenant must have at least three months' notice of the proposed increase from the day he or she receives the rent-increase notice.

_________________________________________________________________________

Your Tenant's Response

5. Your tenant should respond to this rent increase notice by returning Part 3 to you. Please ensure your tenant knows whether this should be sent to you or to an agent who deals with your affairs.

6. Using Part 3 of the Notice the tenant will respond in one of three ways or may ask to

discuss your proposed new rent with you (see paragraph 8).

The three ways are: -

a. by accepting your proposed new rent
if your tenant accepts the new rent it will take effect from the date you proposed in this Notice;

b. by accepting your proposed new rent, but challenging the date on which it can take effect.
your tenant must be able to prove that he or she has not been given sufficient notice of the rent increase;

c. by indicating that the proposed rent is not acceptable and the rent increase notice is being referred to a Rent Officer for determination of the open market rent.
if your tenant indicates that he or she wishes to refer your rent increase notice to a Rent Officer, this must be done within 21 days of the tenant receiving this rent increase notice. This Option Is Only Available Provided That The Let Property Is Not Located In A Rent Pressure Zone.

7. If the tenant does not complete and return Part 3 to you, the rent increase will take effect from the date proposed in this notice.
_________________________________________________________________________

Negotiating With Your Tenant

8. If your tenant contacts you to ask for an opportunity to discuss your proposals with you, both you and the tenant must bear in mind the need to hold the discussion in good time to allow the tenant the option of referring the rent increase notice to a Rent Officer for determination of the open market rent, should the tenant still wish to exercise this option.
_________________________________________________________________________

Further Guidance

9. If you are uncertain about the kind of tenancy your tenant has or uncertain about how to complete this notice, you should consult a solicitor or any organisation which gives advice on housing matters.

III. Tenant's Rent Increase Referral To Rent Service Scotland Under Section 24(1) Of The Private Housing (Tenancies) (Scotland) Act 2016

The form below is to be used by a tenant seeking a determination of rent from a Rent Officer after their landlord has served them with a rent increase notice if they think the increase may be too high.

We are seeking your views on the following questions:

Please Respond By Completing Annex A Which Is The Respondent Information & Consultation Questions. It Contains The Following Questions On This Application:

Q9. Do you think the proposed 'Tenant's application form to a rent officer for adjudication on a proposed rent increase' is fit for purpose?

◘Yes
◘No - please set out why you think the referral is not fit for purpose
◘Unsure

Q10. Do you think the proposed 'Tenant's application form to a rent officer for adjudication on a proposed rent increase' is easily understood?

◘Yes
◘No - please set out why you think the form is not easy to understand
◘Unsure

Q11. Do you think the 'Tenant's application form to a rent officer for adjudication on a proposed rent increase' should have additional content?

◘Yes - please tell us what that content should be and explain why you think it is required
◘No
◘Unsure

Q12. Do you think anything in the 'Tenant's application form to a rent officer for adjudication on a proposed rent increase' should be removed?

◘Yes - please tell us what that content should be and explain why you think it is unnecessary
◘No
◘Unsure

Tenant's Rent Increase Referral To Rent Service Scotland Under Section 24(1) Of The Private Housing (Tenancies) (Scotland) Act 2016

Important: Information For Tenant(S)

This form should be used if you as a tenant are seeking a determination of rent from a Rent Officer after your landlord has served you with a rent increase notice and you think the increase may be too high.

You are advised to read this notification and the accompanying notes carefully. Complete the form as fully as you can (notes to assist you are provided on pages 6 & 7).

In determining the rent, the Rent Officer has the power to vary the rent upwards or downwards

You can complete this form online. If handwriting the application, please use BLOCK CAPITALS. Where boxes are shown please tick only one.

Question 1 - Tenant's Details

a) Please provide Name, Address, Postcode and contact details (telephone number and email address) of the tenant(s).

…………………………………………………………………………………………………

…………………………………………………………………………………………………

……………………………………………………………………………………………….....

b) Please provide Name, Address, Postcode and contact details (telephone number and email address) of the tenant's agent (if any).

…………………………………………………………………………………………………

…………………………………………………………………………………………………

……………………………………………………………………………………………….....

Question 2 - Landlord's Details

a) Please provide the Name, Address, Postcode and contact details (telephone number and email address) of the landlord.

…………………………………………………………………………………………………

…………………………………………………………………………………………………

……………………………………………………………………………………………….....

b) Please provide the Name, Address, Postcode and contact details (telephone number and email address) of the landlord's letting agent (if any).

…………………………………………………………………………………………………

…………………………………………………………………………………………………

……………………………………………………………………………………………….....

Question 3 - Details of the Property

a) Please say what kind of property it is, such as a detached or terraced house or flat or part of a house. (If a flat give location in stair e.g. 1F1)

…………………………………………………………………………………………………

b) Please give the number and type of rooms (e.g. bedroom, living room, kitchen etc.)

…………………………………………………………………………………………………

…………………………………………………………………………………………………

c) Is there any accommodation or facilities shared
with another tenant? If yes, please give details
◘No ◘Yes

……………………………………………………………………………………………….

d) Is there any accommodation or facilities shared
between the tenant and landlord? If yes, please
give details
◘No ◘Yes

………………………………………………………………………………………………..

e) Does the tenancy include a garage, garden, yard or
any other separate building or land? If yes, please
give details
◘No ◘Yes

………………………………………………………………………………………………..

f) Does the property have Central Heating ?
◘No ◘Yes

g) Does the property have Double Glazing ?
◘No ◘Yes

Question 4 - Services

a) Are any services provided under the tenancy (such
as cleaning, maintenance of communal parts, repairs)?
◘No ◘Yes

If yes, please give details

……………………………………………………………………………………………….....

b) How much rent is charged for these services?

………………………………………………………………………………………………...

Question 5 - Furniture

Is furniture provided under the tenancy?
If yes, please attach a list of the furniture provided.
If you do not have a list please prepare one and attach it to this form.
◘No ◘Yes

…………………………………………………………………………………………………

…………………………………………………………………………………………………

Question 6 - Improvements

a) Have you (or a previous tenant under the same
tenancy) carried out any improvements or
replaced fixtures, fittings, or furniture for which
you were NOT responsible under the terms of
the tenancy? If yes, please give details
including the costs (actual or estimated) and
the approximate date on which the work was
carried out.
◘No ◘Yes

…………………………………………………………………………………………

………………………………………………………………………………………………….

b) Has the landlord made any improvements to the
property since the start of your tenancy?
If yes, please give details
◘No ◘Yes

………………………………………………………………………………………

Question 7 - Disrepair

Is there any disrepair or other defects to the house
or to any fixtures, fittings or furniture due to a failure
by you or a previous tenant under the same tenancy
to comply with the terms of the tenancy? If yes, please
give details.
◘No ◘Yes

…………………………………………………………………………………………………

…………………………………………………………………………………………………

………………………………………………………………………………………………….

Question 8 - What rent are you paying now

£……………….. [per week*] [per month*] [per year*]

Please attach a copy of the rent-increase notice which tells you about the proposed new rent.

* delete as appropriate

Question 9 - Documents required to support your application.

In submitting your application you should attach copies of certain documents which will be required by a Rent Officer to help him or her make a determination of the open market rent. You should attach the following:

c) A copy of your tenancy agreement ◘

d) A copy of the rent-increase notice you received from your landlord ◘

e) If your landlord provides furniture, a list of the furniture ◘

Any documents which you send with this application will be returned to you as soon as possible.

Please tick each box to indicate that you attached the relevant information.

Question 10 - Reasons for your appeal

Please advise why you wish to appeal against your landlord's proposed rent amount.

…………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

Question 11 - The inspection of your property

To establish the rent for your property the Rent Officer may decide to inspect your property and this would take place during normal office hours - Monday - Friday between 9.00 am and 3.30 pm. Please advise of the dates over the next month when you are Not Available for an inspection.

…………………………………………………………………………………………………

…………………………………………………………………………………………………

Please also note that your landlord will be invited to the inspection. An inspection may be re-scheduled only once and if you are unavailable for an initial or re-scheduled inspection an adjudication decision will be made on your rent amount.

Question 12 - Declaration

I apply to a Rent Officer for a determination of the open market rent for the property at the address shown in part 1(a).

I agree to send a copy of this form to my landlord.

Signed………………………………………………………………………………………….

………………………………………………………………………………………………….
(tenant or tenant's agent)

In the case of joint tenants all tenants should sign this form.

Date……………………………….

Notes to assist you completing the questions on this application form

Question 1(a) This is the address of the property where you currently live. We may decide to telephone you or send an email so please provide your current telephone number and email address. Question 4(a) This information will only be relevant if services are included in the amount of rent you pay for the property where you currently live. If this is the case please provide details of the services you receive e.g. stair cleaning, garden maintenance, door entry maintenance, communal area maintenance etc.
Question 1(b) If an agent (or another person) acts on your behalf please provide all the necessary contact details, including the address, of that person. Question 4(b) Please provide details of how much of your rent is for any services that you receive.
Question 2(a) We need to write to your landlord so please provide all the necessary contact details, including the address, of your landlord. Question 5 This information will only be relevant if furniture is included in the amount of rent you pay for the property where you currently live.
Question 2(b) If an agent (or another person) acts on your landlord's behalf please provide all the necessary contact details, including the address, of that person. Question 6(a) We need to know about any improvements that you have made to your property which was not your responsibility under your tenancy agreement.
Question 3(a) We need to know what type of property you currently live in. Question 6(b) We need to know about any improvements that your landlord has made to your property since the start of your current tenancy.
Question 3(b) We need to know how many rooms there are in your property and the description. Please list (inc the number of) every room except the bathroom, WC or utility room. Question 7 We need to know about any defects or disrepairs in the property caused by you.
Question 3(c) Please let us know about any part of your property that is shared with another tenant. Question 8 We need to know how much rent you are paying and the frequency of the rent.
Question 3(d) Please let us know about any part of your property that is shared with your landlord. Question 9 Please provide the necessary documents with your application and tick the appropriate box that you have done so.
Question 3(e) We need to know details of all the outside space that is included in the tenancy. Question 10 Please provide as much information for the reason you wish to appeal against the landlord's proposed rent increase.
Question 3(f) We need to know if the property has central heating. Question 11 We may decide to inspect your property therefore it is important that you provide us with the dates when you Will Not Be Available for an inspection.
Question 3(g) We need to know if the property has double glazing. Question 12 Please make sure that you (or your agent if applicable) sign the form otherwise we will need to return it to you. Please note that you do not need to sign the form if you are completing it on line - simply enter your name. Please note it is your obligation to send a copy of the form to your landlord.

Important Information before completing the application form

Rent Officers are independent officers appointed by statute, who will determine your rent by comparing similar size properties in your area. On receipt of your application form the Rent Officer may decide to inspect your property, therefore it is important that you tell us when you will not be available for an inspection.

You should read this application form carefully and aim to complete it fully. If there are any questions that are not relevant to your circumstances, please mark this as 'not applicable' or 'N/A'.

Once completed please send your application form to:

Rent Service Scotland
2 nd Floor
Endeavour House
1 Greenmarket
Dundee
DD1 4QB

Once you have submitted the application form to us, if any of the information you have provided changes, you must inform Rent Service Scotland immediately.

If you need to contact us about anything relating to this form please telephone us on 0300 244 7000 or email us on rss.dundee@gov.scot.

Please Note - You cannot refer a case to a Rent Officer for a rent determination if the let property is located in a Rent Pressure Zone. If you are unsure about this please contact the office as detailed above.

IV. Landlord's Application For A Rent Increase As A Result Of Improvements Made To A Property In A Rent Pressure Zone Under Section 43(1) Of The Private Housing (Tenancies) (Scotland) Act 2016

The form below should be used by a landlord who is seeking an increase in the rent payable for a property in a rent pressure zone as a result of improvements completed since either the tenancy commenced or the date on which the rent last changed.

We are seeking your views on the following questions:

Please Respond By Completing Annex A Which Is The Respondent Information & Consultation Questions. It Contains The Following Questions On This Application:

Q13. Do you think the proposed 'Landlord's application form to a rent officer to apply for property improvement costs in a rent pressure zone' is fit for purpose?

◘Yes
◘No - please set out why you think the form is not fit for purpose
◘Unsure

Q14. Do you think the proposed 'Landlord's application form to a rent officer to apply for property improvement costs in a rent pressure zone' is easily understood?

◘Yes
◘No - please set out why you think the form is not easy to understand
◘Unsure

Q15. Do you think the 'Landlord's application form to a rent officer to apply for property improvement costs in a rent pressure zone' should have additional content?

◘Yes - please tell us what that content should be and explain why you think it is required
◘No
◘Unsure

Q16. Do you think anything in the 'Landlord's application form to a rent officer to apply for property improvement costs in a rent pressure zone' should be removed?

◘Yes - please tell us what that content should be and explain why you think it is unnecessary
◘No
◘Unsure

Landlord's Application For A Rent Increase As A Result Of Improvements Made To A Property In A Rent Pressure Zone Under Section 43(1) Of The Private Housing (Tenancies) (Scotland) Act 2016

Important: Information For Landlord(S)

This form should be used if you are a landlord who is seeking an increase in the rent payable for a property in a rent pressure zone as a result of improvements completed since either the tenancy commenced or the date on which the rent last changed. Please note that you cannot claim for any improvements completed before the tenancy was granted, or, if the rent payable under the tenancy has changed, you cannot claim for improvements prior to the last change in rent.

You are advised to read this notification carefully and complete the form as fully as you can (notes to assist you are provided on pages 6 & 7).

You can complete this form online. If handwriting the application please use BLOCK CAPITALS. Where boxes are shown tick only one.

Question 1 - Landlord's Details

f) Please provide your Name, Address, Postcode and contact details (telephone number and email address).

…………………………………………………………………………………………………

…………………………………………………………………………………………………

……………………………………………………………………………………………….....

g) Please provide the Name, Address, Postcode and contact details (telephone number and email address) of your Agent (if any).

…………………………………………………………………………………………………

…………………………………………………………………………………………………

……………………………………………………………………………………………….....

Question 2 - Tenant's Details

a) Please provide the address of the let property.

…………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

b) Please provide the Name, Telephone number and email address of the tenant(s) living in the let property.

…………………………………………………………………………………………………

…………………………………………………………………………………………………

……………………………………………………………………………………………….....

Question 3 - Details of the let property

a) Please say what kind of property it is, such as a detached or terraced house or flat or part of a house. (If a flat give location in stair e.g. 1F1)

…………………………………………………………………………………………………

b) Please give number and type of rooms (e.g. bedroom, living room, kitchen etc))

…………………………………………………………………………………………………

…………………………………………………………………………………………………

c) How many tenants live in the property?

d) Is there any accommodation or facilities shared
between the tenant and landlord? If yes, give
details
◘No ◘Yes

…………………………………………………………………………………………………

e) Does the tenancy include a garage,
garden yard or any other separate building or land?
If yes, give details
◘No ◘Yes

…………………………………………………………………………………………………

f) Does the property have Central Heating?
◘No ◘Yes

g) Does the property have Double Glazing?
◘No ◘Yes

Question 4 - Improvements

Please outline below all of the completed improvements made by you (or the landlord if you are the landlords' agent) to the property. Please give as much detail as possible and include the cost of each improvement and the date on which it was completed.

………………………………………………………………………………………………….

………………………………………………………………………………………………….

…………………………………………………………………………………………………..

………………………………………………………………………………………………….

………………………………………………………………………………………………….

…………………………………………………………………………………………………..

…………………………………………………………………………………………………..

………………………………………………………………………………………………….

Please Attach A Copy Of Any Invoices And/Or Receipts You Have In Respect Of The Improvements Listed Above.

Question 5 - Services

a) Are any services provided under the tenancy
such as cleaning, maintenance of communal parts, repairs?
If yes, give details
◘No ◘Yes

……………………………………………………………………………………………….....

b) How much rent is charged for each of these services?

………………………………………………………………………………………………...

Question 6 - Furniture

Is furniture provided under the tenancy? If yes,
please attach a list of the furniture provided.
If you do not have one prepare one and attach it to this form.
◘No ◘Yes

…………………………………………………………………………………………………

…………………………………………………………………………………………………

Question 7 - What rent is your tenant(s) paying now

£………………… [per week/fortnight/4 weeks/month/quarter/year*]

Part 8 - What is the new proposed rent (you must ensure that the proposed rent increase does not exceed the rent cap set by Scottish Ministers).

£………………… [per week/fortnight/4 weeks/month/quarter/year*]

* delete as appropriate

Question 9 - Documents required to support your application

In submitting your application you should attach copies of certain documents which will be required by a Rent Officer to help him/her make a decision on whether to allow an increase in the rent payable as a result of improvements made to the property:

h) A copy of the tenancy agreement ◘

i) A copy of any invoices/receipts to support your application ◘

j) A list of furniture included in the tenancy ◘

Tick each box to indicate that you have attached the information requested.

Question 10 - Declaration

I apply to a Rent Officer for a decision on the amount of additional rent that can be charged as a result of improvements made to the property at the address shown in part 2(a).

Signed………………………………………………………………………………………………
(landlord/landlord's agent)

Date……………………………….

Notes to assist you completing the questions on this application form

Question 1(a) This is the address of the property where you currently live. We may decide to telephone you or send an email so please provide your current telephone number and email address. Question 4 Please provide details of all the improvements you have made to the rented property since the start of the tenancy or since the rent has changed during the current tenancy (if applicable).
Question 1(b) If an agent (or another person) acts on your behalf please provide all the necessary contact details, including the address, for that person. Question 5(a) This information will only be relevant if services are included in the amount of rent for the rented property. If this is the case please provide details of the services the tenant receives e.g. stair cleaning, garden maintenance, door entry maintenance, communal area maintenance etc.
Question 2(a) This is the address of the let property where you have made improvements. Question 5(b) Please provide details of how much of the rent is for any services that the tenant receives.
Question 2(b) To determine a rent for the rented property we may need to inspect the property therefore please provide all the necessary contact details for the tenant. Question 6 This information will only be relevant if furniture is included in the amount of rent for the rented property.
Question 3(a) We need to know what type of rented property it is. Question 7 We need to know how much rent the tenant is currently paying (before the proposed increase) and the frequency.
Question 3(b) We need to know how many rooms there are in the rented property and the description. Please list (inc the number of) every room except the bathroom, WC or utility room. Question 8 We need to know how much the new proposed rent is and the frequency.
Question 3(c) Please let us know how many tenants live in the rented property. Question 9 Please provide the necessary documents with your application and tick the appropriate box that you have done so.
Question 3(d) Please let us know about any part of the rented property that you share with the tenant. Question 10 Please make sure that you (or your agent if applicable) sign the form otherwise we will need to return it to you. Please note that you do not need to sign the form if you are completing it on line - simply enter your name.
Question 3(e) We need to know details of all the outside space that is included in the tenancy.
Question 3(f) We need to know if the rented property has central heating.
Question 3(g) We need to know if the rented property has double glazing.

Once completed please send your application form to:

Rent Service Scotland
2 nd Floor
Endeavour House
1 Greenmarket
Dundee
DD1 4QB

If you need to contact us about anything relating to this form please telephone us on 0300 244 7000 or email us on rss.dundee@gov.scot.

Once you have submitted the application for to us, if any of the information you have provided changes, you must inform Rent Service Scotland immediately.

V. Subtenant's Notice To Leave Under Section 61 Of The Private Housing (Tenancies) (Scotland) Act 2016

The notice below informs the sub-tenant, that the head landlord is serving notice on them to leave the let property.

We are seeking your views on the following questions:

Please Respond By Completing Annex A Which Is The Respondent Information & Consultation Questions. It Contains The Following Questions On This Notice:

Q17. Do you think the proposed 'Notice to leave from a landlord to a sub-tenant' is fit for purpose?

◘Yes
◘No - please set out why you think the notice is not fit for purpose
◘Unsure

Q18. Do you think the proposed 'Notice to leave from a landlord to a sub-tenant' is easily understood?

◘Yes
◘No - please set out why you think the notice is not easy to understand
◘Unsure

Q19. Do you think the 'Notice to leave from a landlord to a sub-tenant' should have additional content?

◘Yes - please tell us what that content should be and explain why you think it is required
◘No
◘Unsure

Q20. Do you think anything in the 'Notice to leave from a landlord to a sub-tenant' should be removed?

◘Yes - please tell us what that content should be and explain why you think it is unnecessary
◘No
◘Unsure

Subtenant's Notice To Leave Under Section 61 Of The Private Housing (Tenancies) (Scotland) Act 2016

For Use Only By A Landlord

Important Information For Sub-Tenant(S)

Please read this notification carefully.

This notice informs you, the sub-tenant, that the head landlord (likely to be your landlord's landlord) is serving on you notice to leave the let property at the address in Part 1, and if you do not leave the let property once the relevant notice period has expired, the head landlord will apply to the First-tier Tribunal (the Tribunal) for an eviction order.

The let property you live in is sub-let, so in addition to serving a notice to leave on his or her tenant, the head landlord must also serve notice on any sub-tenant(s) if he or she wishes to evict the sub-tenant(s) on particular grounds. A copy of the notice to leave served on your landlord by the head landlord is attached to this notice to leave. Both notices will be served on the same day.

If you become a tenant of the let property by virtue of the sub-tenant protection (see note 1 and 2 to sub-tenant below), the sub-tenancy notice to leave can be treated as a notice to leave so that the head landlord can proceed to eviction proceedings without having to serve you with another notice to leave and wait for a new notice period to expire before applying to the Tribunal for an eviction order.

The head landlord must give you a minimum of either 28 days' notice or 84 days' notice depending on how long you have occupied the property or the ground for eviction. (See note 5 to sub-tenant below)

----------------------------------------------------------------------------------------------------------------

Part 1

To: ……………………………………………………………………………………………
(name of sub-tenant(s)).

at:
…………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………
(address of let property)

Note 1 To 5 To Sub-Tenant

1. If you are uncertain about what anything in this notice means or if you are unsure of your rights and responsibilities you should get advice as quickly as possible. You may be able to get this from an organisation which gives advice on housing matters such as your local authority, Shelter Scotland or your local Citizens Advice Bureau, or from a solicitor. If you need to employ a solicitor, legal aid may be available depending on your income.

2. Section 46 of the Private Housing (Tenancies) (Scotland) Act 2016 provides that, subject to section 47 of that Act, a lawful sub-tenant with a private residential tenancy will be protected from eviction when his or her landlord's tenancy has been brought to an end. The sub-tenant then becomes the tenant under a new tenancy which has the same terms as the sub-tenancy.

3. Section 47 provides that the sub-tenant protection provided by section 46 does not apply if the Tribunal expressly disapplies it or if the tenancy of the person who was the sub-tenant's landlord was brought to an end by an eviction order issued on the basis of one of the following eviction grounds:

  • Landlord intends to sell the property
  • Lender intends to sell the property
  • Landlord intends to carry out significant disruptive works to the property
  • Landlord intends to live in the property
  • Member of the Landlord's family intends to live in the property
  • Landlord intends to use the property for another purpose other than housing
  • Property required for use in connection with the purposes of religion
  • Tenancy was given to an employee and the Tenant is no longer an employee
  • Tenancy was entered into on account of the Tenant having an assessed need for community care and the tenant has since been assessed as no longer having that need
  • Landlord is not or has ceased to be registered by the local authority
  • Landlord's HMO license is revoked
  • An overcrowding statutory notice has been served on the Landlord.

4. You have received this sub-tenant's notice to leave because the Head Landlord is using one of the eviction grounds listed above to evict your Landlord and also wishes to evict you at the same time.

5. If you have become the Tenant of the let property (rather than the Sub-tenant) because your Landlord has already left the let property following receipt of the notice to leave at Annex 1, this notice will be treated as your notice to leave so that your Head Landlord can proceed straight to eviction proceedings on the date specified in this notice without having to serve you with any other notices.

Part 2

I/We* your head landlord(s)

…………………………………………………………………………………………………
(insert name of head landlord(s)

at: …………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………
(address and telephone number of landlord(s))

Inform you that I/we* intend to apply for an eviction order in respect of the house at the address in Part 1 above on the following ground/grounds* being a ground/grounds* for eviction as set out in schedule 3 to the Private Housing (Tenancies) (Scotland) Act 2016.

…………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

Part 3

I/We* also inform you that I/we are seeking eviction under the above ground(s) for the following reasons. Please give as much detail as possible including relevant dates.

…………………………………………………………………………………………………

…………………………………………………………………………………………………

………………………………………………………………………………………………….

…………………………………………………………………………………………………

………………………………………………………………………………………………….
(state particulars of how you believe the ground(s) have arisen - continue on additional sheets of paper if required).

* delete as appropriate

Note 6 To 11 To Sub-Tenant

6. Your Head Landlord must give you proper notice between serving this notice and making an application to the Tribunal for an eviction order. You will receive a minimum of 28 days' notice if you have lived in the property for six months or less or 84 days' notice if you have lived in the property for more than six months.

7. If your Head Landlord is using the eviction ground:

  • Landlord intends to sell the property (eviction ground 1)
  • Property to be sold by Lender (eviction ground 2)
  • Landlord intends to refurbish (eviction ground 3)
  • Landlord intends to live in property (eviction ground 4)
  • Landlord intends to use for non-residential purpose (eviction ground 6)
  • Property required for religious purpose (eviction ground 7)

and the Tribunal decides that the eviction ground is established, the Tribunal must grant an eviction order. If an eviction order is granted, the Head Landlord will be able to evict you.

8. If your Head Landlord is using eviction ground:

  • Family member intends to live in property (eviction ground 5)
  • Tenant no longer in need of supported accommodation (eviction ground 9)
  • Landlord has been refused registration or had his or her registration revoked (eviction ground 16)
  • Landlord's HMO licence has been revoked (eviction ground 17)
  • Overcrowding statutory notice has been served on the landlord (eviction ground 18)

even if the Tribunal is content that the eviction ground is established, it will still have to decide whether it is reasonable to evict you (and your Landlord, if appropriate). In deciding whether it is reasonable, the Tribunal must take into account all the circumstances of the case. The Tribunal may decide not to grant an eviction order or may delay its decision.

9. If your Head Landlord is using eviction ground 'not an employee' (eviction ground 8), the Tribunal must grant an eviction order if the application for eviction was made within 12 months of your Landlord ceasing to be - or failing to become - an employee. The Tribunal may issue an eviction order if the eviction application is made after the 12 month period has elapsed.

10. Your Head Landlord should provide you with evidence to support the eviction action, particularly if he or she is using one of the following eviction grounds:

  • Landlord intends to sell the property
  • Landlord intends to refurbish
  • Landlord intends to live in the property
  • Family member intends to live in property
  • Landlord intends to use for non-residential purpose.

11. If you do not receive any supporting evidence along with this notice, the Tribunal will ask for this evidence when considering your Head Landlord's application for an eviction order as the Tribunal must be satisfied that the eviction ground is established.

Part 4

I/We* attach the following evidence to support the eviction action (if any):

…………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

Part 5

An application will not be submitted to the Tribunal for an eviction order before xxxxxxxxxxx (which is the earliest date at which Tribunal proceedings can be raised under section 54 of the Private Housing (Tenancies) (Scotland) Act 2016).

Signed…………………………………………………………………………………………
(landlord(s) or Landlord's Agent)

Dated……………………………………………………………….

* delete as appropriate

Note 12 To 15 To Sub-Tenant

12. The date given in Part 5 above is the earliest date on which the Head Landlord can start eviction action at the Tribunal. From that date your Head Landlord is allowed to start court action at any time during the following six months. If your Head Landlord does not start Tribunal action in that six-month period he or she would have to serve another notice on you before he or she could apply to the Tribunal for an eviction order.

13. Remember before you are required to leave your home, your Head Landlord must have done 2 things:

I. Served on you a sub-tenant's notice to leave with the relevant notice period (this notice) accompanied by a copy of the notice to leave served on your Landlord; and
II. Obtained an eviction order from the Tribunal.

14. If the Tribunal grants an eviction order to your Head Landlord, and you choose not to leave the let property by the date specified in that eviction order, your Head Landlord will serve a charge for removing on you, which sets a date by which you must leave the property. You will usually get 14 days' notice. If you do not leave by this date, the sheriff's officers will remove you after giving you a further 2 days' notice.

15. If you leave your home following receipt of this notice, or through an eviction order issued by the Tribunal, and you are not satisfied that your Head Landlord genuinely wanted his or her property back under the eviction ground(s) outlined in Part 3, you can apply to the Tribunal, which if it agrees, can make a wrongful termination order against your Head Landlord for a compensation amount not exceeding 6 months' rent.

This Is An Important Document And You Should Keep It In A Safe Place.

Private Housing (Tenancies) (Scotland) Act 2016

Private Residential Tenancy

Notes For Landlords - These Notes Are For Guidance Only And Are Not A Definitive Interpretation Of The Law .

When To Use This Notice

1. You may serve this notice on your sub-tenant only in the following circumstances:-

e) Your sub-tenant has a private residential tenancy; and
You are seeking to secure repossession using one or more of the following repossession grounds (contained in schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016:

  • You intend to sell the property (eviction ground 1)
  • Property to be sold by Lender (eviction ground 2)
  • You intend to refurbish the property (eviction ground 3)
  • You intend to live in property (eviction ground 4)
  • Family member intends to live in property (eviction ground 5)
  • You intend to use the property for non-residential purpose (eviction ground 6)
  • Property required for religious purpose (eviction ground 7)
  • Tenant no longer in need of supported accommodation (eviction ground 9)
  • You have been refused landlord registration or had your registration revoked (eviction ground 16)
  • Your HMO licence has been revoked (eviction ground 17)
  • Overcrowding statutory notice has been served on you (eviction ground 18)

_________________________________________________________________________

Giving The Right Amount Of Notice

2. You must give your sub-tenant the relevant amount of notice. The notice periods are:

a) 28 days' notice if the sub-tenant has been entitled to occupy the property for six months or less.

b) 84 days' notice is required if the sub-tenant has been entitled to occupy the property for over six months

The notice period is calculated from the date the sub-tenant's receives this notice.

_________________________________________________________________________

How To Complete This Notice

3. As landlord you should complete Parts 1 to 5 of this notice and also attach a copy of the Notice to Leave served on the Tenant, i.e. the sub-tenant's Landlord.

_________________________________________________________________________

How To Serve The Notice

4. After you sign and date the notice to leave form you must take steps to ensure your sub-tenant receives it as soon as possible. A notice can be served validly on a sub-tenant only in the following ways:-

a. by hand delivering it to him or her; or
b. by sending it by recorded delivery letter to him or her at the address of the let property; or
c. if electronic means has previously been agreed as the preferred correspondence method, by emailing the notice to the sub-tenant's current email address.

Section 26 of the Interpretation and Legislative Reform (Scotland) Act 2010 applies, which means that unless delivered personally, you must allow the sub-tenant 48 hours to receive the notice. This delivery time should be factored into the amount of notice you give the sub-tenant. It is worth noting that the sub-tenant can challenge this presumption, but he or she must provide you with evidence which shows the exact date he or she received this notice.

_________________________________________________________________________

Further Guidance

5. If you are uncertain about what anything in this notice means or if you are unsure of your rights and responsibilities you should get advice as quickly as possible. You may be able to get this from an organisation which gives advice on housing matters such as your local authority, Shelter Scotland or your local Citizens Advice Bureau, or from a solicitor. If you need to employ a solicitor, legal aid may be available depending on your income.

Notice to Leave served on the sub-tenant's Landlord to be inserted/attached

VI. Notice To Leave Under Section 62(1)(D) Of The Private Housing (Tenancies) (Scotland) Act 2016

The notice below is used to inform the tenant that the landlord is serving notice on them to leave the let property.

We are seeking your views on the following questions:

Please Respond By Completing Annex A Which Is The Respondent Information & Consultation Questions. It Contains The Following Questions On This Notice:

Q21. Do you think the proposed 'Notice to leave from a landlord to a tenant' is fit for purpose?

◘Yes
◘No - please set out why you think the notice is not fit for purpose
◘Unsure

Q22. Do you think the proposed 'Notice to leave from a landlord to a tenant' is easily understood?

◘Yes
◘No - please set out why you think the notice is not easy to understand
◘Unsure

Q23. Do you think the 'Notice to leave from a landlord to a tenant' should have additional content?

◘Yes
◘No
◘Unsure

Q24. Do you think anything in the 'Notice to leave from a landlord to a tenant' should be removed?

◘Yes - please tell us what that content should be and explain why you think it is unnecessary
◘No
◘Unsure

Notice To Leave Under Section 62(1)(D) Of The Private Housing (Tenancies) (Scotland) Act 2016

For Use Only By A Landlord

Important Information For The Tenant(S)

Please read this notification carefully.

This notice informs you, the tenant, that your landlord is serving notice on you to leave the let property at the address in Part 1, and if you do not leave the property once the relevant notice period has expired, your landlord will apply to the First-tier Tribunal (the Tribunal) for an eviction order.

Your landlord must give you a minimum of either 28 days' notice or 84 days' notice depending on how long you have occupied the let property or the ground for eviction. (See note 2 to tenant below)

----------------------------------------------------------------------------------------------------------------

Part 1

To: _______________________________________________________________
(name of tenant(s))

Of:

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________
(address of let property)

Note 1 To Tenant

1. If you are uncertain about what anything in this notice means or if you are unsure of your rights and responsibilities you should get advice as quickly as possible. You may be able to get this from your landlord, an organisation which gives advice on housing matters such as your local authority, Shelter Scotland or your local Citizens Advice Bureau, or from a solicitor. If you need to employ a solicitor, legal aid may be available depending on your income.

Part 2

I/We* your landlord(s)/agent*:

__________________________________________________________________
(insert name of landlord(s) or agent)

Of: ________________________________________________________________

__________________________________________________________________

__________________________________________________________________
( address and telephone number of landlord(s))

Inform you that I/we* intend to apply to the Tribunal for an eviction order in respect of the house at the address in Part 1 above on the following ground/grounds* being a ground/grounds* for eviction as set out in schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016:

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Part 3

I/We* also inform you that I/we are seeking eviction under the above ground(s) for the following reasons:
[Please give as much detail as possible including relevant dates and in cases of rent arrears, insert the amount of arrears outstanding and the period over which it has built up.]

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________
[state particulars of how you believe the ground(s) have arisen - continue on additional sheets of paper if required]

* delete as appropriate

Note 2 To Tenant

Your landlord must give you proper notice between serving this notice and making an application to the Tribunal for an eviction order. You will receive a minimum of 28 days‟ notice if you have lived in the property for six months or less on the day you receive this notice OR the only eviction ground(s) mentioned above in Part 2 is one (or more) of the following. You:

  • are no longer occupying the property( Eviction Ground 10)
  • have breached a term of your tenancy ( Eviction Ground 11)
  • are in rent arrears over 3 consecutive months ( Eviction Ground 12)
  • have a relevant conviction ( Eviction Ground 13)
  • have engaged in antisocial behaviour ( Eviction Ground 14)
  • associate in the let property with someone who has a relevant conviction or has engaged in antisocial behaviour ( Eviction Ground 15)

You will be given a minimum of 84 days‟ notice if you have lived in the property for more than six months and ANY of the following eviction grounds are mentioned in Part 2:

  • Landlord intends to sell the property ( Eviction Ground 1)
  • Property to be sold by lender ( Eviction Ground 2)
  • Landlord intends to refurbish ( Eviction Ground 3)
  • Landlord intends to live in the property ( Eviction Ground 4)
  • Family member intends to live in property ( Eviction Ground 5)
  • Landlord intends to use for non-residential purpose ( Eviction Ground 6)
  • Property required for a religious purpose ( Eviction Ground 7)
  • Tenant is no longer an employee ( Eviction Ground 8)
  • Tenant no longer requires supported accommodation ( Eviction Ground 9)
  • Landlord has been refused registration or had his or her registration revoked ( Eviction Ground 16)
  • Landlord‟s HMO licence has been revoked[This may need to be tweaked when this ground is amended.] ( Eviction Ground 17)
  • Overcrowding statutory notice has been served on the landlord ( Eviction Ground 18)

If your landlord is using eviction ground 1 ( Intends To Sell), 2 ( Mortgage Lender Selling), 3 ( Intends To Refurbish), 4 ( Landlord Intends To Live In Property), 6 ( Intends To Use For Non-Residential Purpose), 7 ( Required For Religious Purpose), 10 ( Not Occupying Property), 13 ( Criminal Conviction) and the tribunal decides that the eviction ground is established, the Tribunal must grant an eviction order. If an eviction order is granted, the landlord will be able to evict you.

If your landlord is using eviction ground 5 ( Family Member Intends To Live In Property), 9 ( Tenant No Longer Requires Supported Accommodation), 11 ( Breached A Term Of The Tenancy), 14 ( Antisocial Behaviour), 15 ( Association With Someone In The Property Who Has A Criminal Conviction Or Acted Antisocially), 16 (Landlord Registration Refused Or Revoked), 17 (Hmo Licence Revoked) or 18 ( Overcrowding Statutory Notice Served), even if the Tribunal is content that the eviction ground is established, it will still have to decide whether it is reasonable to evict you. In deciding whether it is reasonable, the Tribunal must take into account all the circumstances of the case. The Tribunal may decide not to grant an eviction order or may delay its decision.

If your landlord is using eviction ground 8 ( Not An Employee) the Tribunal must grant an eviction order if the application for eviction was made within 12 months of you ceasing to be - or failing to become - an employee. The Tribunal may issue an eviction order if the eviction application is made after the 12 month period has elapsed.

If your landlord is using eviction ground 12 ( Rent Arrears), the Tribunal must grant an eviction order if it establishes that for three or more months you have been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears were at least one month‟s rent and were not due to a delay or failure in the payment of a relevant benefit. The Tribunal may grant an eviction order if you have been in arrears of rent for three or more months, and on the day the Tribunal considers the case, the arrears are less than one month‟s rent.

Your landlord should provide you with evidence to support the eviction action, particularly if he or she is using eviction ground 1 ( Intends To Sell), 3 ( Intends To Refurbish), 4 ( Landlord Intends To Live In Property), 5 ( Family Member Intends To Live In Property) or 6 ( Intends To Use For Non-Residential Purpose). If you do not receive any supporting evidence along with this notice, the Tribunal will ask for this evidence when considering your landlord‟s application for an eviction order as the Tribunal must be satisfied that the eviction ground is established.

Part 4

I attach the following evidence to support the eviction action (if any):

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

Part 5

An application will not be submitted to the Tribunal for an eviction order before xxxxxxxxxxx (which is the earliest date at which Tribunal proceedings can be raised under section 54 of the Private Housing (Tenancies) (Scotland) Act 2016).

Signed: ____________________________________________________________
(landlord(s) or Landlord's Agent)

Dated: ____________________________________________________________

Note 3 To 7 To Tenant

3. If you have fallen behind in your rent payments and would like money advice, you can contact the housing options team at your local authority, Shelter Scotland or your local Citizens Advice Bureau.

4. The date given in Part 5 is the earliest date on which the landlord can start eviction action at the Tribunal. From that date your landlord is allowed to start court action at any time during the following six months. If your landlord does not start Tribunal action in that six-month period he or she would have to serve another notice on you before he or she could start eviction action at the Tribunal.

5. Remember before you are required to leave your home, your landlord must have done 2 things:

  • Served on you a notice to leave with the relevant notice period (this notice), and
  • Obtained an eviction order from the First-tier Tribunal.

6. If the First-tier Tribunal grants an eviction order to your landlord, and you choose not to leave the let property by the date specified in that eviction order, your landlord will serve a charge for removing on you, which sets a date by which you must leave the property. You will usually get 14 days‟ notice. If you do not leave by this date, the sheriff‟s officers will remove you after giving you a further 2 days‟ notice.

7. If you leave your home following receipt of this notice, or through an eviction order issued by the Tribunal, and you are not satisfied that your landlord genuinely wanted his or her property back under the eviction ground(s) outlined in Part 3, you can apply to the Tribunal, which if it agrees, can make a wrongful termination order against your landlord for a compensation amount not exceeding 6 months‟ rent.

This Is An Important Document And You Should Keep It In A Safe Place.

Private Housing (Tenancies) (Scotland) Act 2016

Private Residential Tenancy

Notes For Landlords - These Notes Are For Guidance Only And Are Not A Definitive Interpretation Of The Law .

_________________________________________________________________________

When To Use This Notice

1. You may serve this notice on your tenant only in the following circumstances:-

f) Your tenant has a private residential tenancy; and

You are seeking to secure repossession using one or more of the 18 eviction grounds listed in schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016.

_________________________________________________________________________

Giving The Right Amount Of Notice

2. You must give your tenant the relevant amount of notice. The relevant notice periods are:

c) 28 days' notice if the tenant has been entitled to occupy the property for six months or less, or if the repossession ground (or grounds) the landlord is using is one or more of the following: failure to occupy as only or principal home, breach of tenancy agreement; rent arrears for three or more consecutive months; relevant criminal conviction; relevant anti-social behaviour; or association with a person who has a relevant conviction or has engaged in relevant anti-social behaviour.

d) 84 days' notice if the tenant has been entitled to occupy the property for over six months and this notice does not rely exclusively on one or more of the grounds outlined above in paragraph a).

The notice period is calculated from the date the tenant receives this notice (see note below on 'How To Serve A Notice').

_________________________________________________________________________

How To Complete This Notice

3. As landlord you should complete Parts 1 to 5 of this notice.

_________________________________________________________________________

How To Serve The Notice

4. After you sign and date the notice to leave form you must take steps to ensure your tenant receives it as soon as possible. A notice can be served validly on a tenant only in the following ways:-

a. by hand delivering it to him or her; or
b. by sending it by recorded delivery letter to him or her at the address of the let property; or
c. if electronic means has previously been agreed as the preferred correspondence method, by emailing the notice to the tenant's current email address.

Section 26 of the Interpretation and Legislative Reform (Scotland) Act 2010 applies which means that unless delivered personally, you must allow your tenant 48 hours to receive the notice. This delivery time should be factored into the amount of notice you give your tenant. It is worthy to note that your tenant can challenge this presumption, but he or she must provide you with evidence which shows the exact date he or she received this notice.

_________________________________________________________________________

Further Guidance

5. If you are uncertain about what anything in this notice means or if you are unsure of your rights and responsibilities you should get advice as quickly as possible. You may be able to get this from an organisation which gives advice on housing matters such as your local authority, Shelter Scotland or your local Citizens Advice Bureau, or from a solicitor. If you need to employ a solicitor, legal aid may be available depending on your income.


Contact

Email: Alan Garft, alan.garft@gov.scot

Phone: 0300 244 4000 – Central Enquiry Unit

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG