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Publication - Advice and guidance

Private residential tenancy: information for landlords

Published: 26 Apr 2017

Guidance for private sector landlords on the Private Housing (Tenancies) (Scotland) Act 2016.

18 page PDF

121.4 kB

18 page PDF

121.4 kB

Contents
Private residential tenancy: information for landlords
Overview

18 page PDF

121.4 kB

Overview

Renting out property without being registered with the council is a criminal offence and you can be served with a Rent Penalty Notice (which prevents you from charging your tenant rent) or fined up to £50,000 if found guilty. You are registered if you are entered into the Scottish Landlord Register prepared and maintained by the local council for the purposes of Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004.

The Private Housing (Tenancies) (Scotland) Act 2016 commenced on 1 December 2017 and introduced the 'private residential tenancy'. Its purpose is to improve security, stability and predictability for tenants and provide safeguards for landlords, lenders and investors.

The new tenancy will be open-ended and will last until a tenant wishes to leave the let property or a landlord uses one (or more) of 18 grounds for eviction.

Improvements for landlords include:

  • no more confusing pre-tenancy notices, such as the AT5
  • where a tenant is in rent arrears, a landlord can refer a case for repossession more quickly
  • a Scottish Government 'model private residential tenancy agreement', which includes standardised mandatory and discretionary tenancy terms
  • a digital version of the Scottish Government 'model private residential tenancy agreement', an online tool that can be edited, allowing landlords to easily put together and send out a tenancy agreement suitable for their specific property
  • one simple notice when regaining possession of a property called a 'notice to leave' – this will replace the current 'notice to quit', 'section 33 notice' and 'notice of proceedings'
  • eighteen modernised grounds for repossession, which include new grounds where the property has been abandoned or the landlord intends to sell
This guide is for landlords. If you are a tenant, read 'Private residential tenancies: information for tenants' instead.

Contact

Email: PRSTenancies@gov.scot

Phone: 0131 244 5401

The Scottish Government
Housing and Social Justice Directorate
Victoria Quay
Edinburgh
EH6 6QQ