Rented sector reform: landlord and tenant engagement questionnaire - analysis report

4: Tenancy proposals

Ending assured and short assured tenancies

The questionnaire form noted that the intent of The Private Housing (Tenancies) (Scotland) Act 2016, which introduced PRTs, was that PRTs would be the main tenancy for the private rented sector going forwards, with assured and short assured tenancies falling away over time as they were replaced by PRTs.

Question 20 – Given PRTs were introduced in Scotland more than five years ago, should consideration be given to setting a future date by which remaining assured and short assured tenancies should be phased out?

Responses to Question 20 by respondent type are set out in Table 18 below.

A majority of respondents, 71% of those answering the question, thought that consideration should be given to setting a future date by which remaining assured and short assured tenancies should be phased out, while the remaining 29% did not.

Support was strongest amongst PRS and SRS tenants, and those in the ‘None of the above’ and ‘None selected’ groups, ranging from 94% to 98% thinking that consideration should be given to setting a future date. A smaller majority of PRS landlords, PRS landlord organisations and SRS landlord organisations supported the move, at 58%, 58% and 57% respectively, while SRS landlords were evenly divided on this issue.

Ending a joint tenancy

The Scottish Government is exploring the introduction of a new approach to deal with circumstances where it is not possible for joint tenants to agree to end a joint tenancy. This process would enable one, or more, joint tenants to end the tenancy without the agreement of all, but only after providing reasonable notice to other joint tenants.

Where there is no agreement between the joint tenants to allow one of them to leave the tenancy, the tenant who wishes to go would be required to give a fixed amount of notice to all other joint tenants of their intention to end the tenancy for all.

The period of time between the departing tenant giving this notice to the other tenants and the final notice to leave being given to the landlord would be set out in law. This period of time would give the other joint tenants time to consider their own circumstances and to come to an agreement with the exiting tenant.

Question 21 – Do you agree that the notice period which the departing joint tenant must give to the other joint tenants should be 2 months?

Responses to Question 21 by respondent type are set out in Table 19 below.

A substantial majority of respondents, 87% of those answering the question, agreed that the notice period which the departing joint tenant must give to the other joint tenants should be 2 months.

A clear majority of respondents in all groups agreed with the proposal, although at a lower level for PRS landlord and PRS landlord organisations, at 76% and 74% respectively, and SRS landlords and SRS landlord organisations, at 63% and 64% respectively.