On 1st December 2017 the Scottish Government introduced the Private Residential Tenancy (PRT), a new tenancy regime to replace the Short Assured Tenancy (SAT).
The most significant changes to private tenancies in Scotland are described below;
No Fixed Term
A lease agreement no longer has an initial fixed period. Unlike a Short Assured Tenancy (SAT), which was fixed for 6 months initially, a Private Residential Tenancy (PRT) is open ended which means there is no fixed end date.
Ending a Tenancy - Tenants
Under the PRT, a tenant is able to give notice to vacate the property at any time after the start date of the lease. The tenant must give the landlord a minimum of 28 days’ notice.
A landlord must serve a tenant with a Notice to Leave to end a tenancy. There are 18 grounds for eviction and the tenancy can only be ended if one or more of the 18 grounds for possession can be applied. There are 9 mandatory and 9 discretionary grounds for eviction. The landlord must give the tenant 28 days’ notice if the tenancy has been for less then 6 months and 84 days if the tenancy has been in place for 6 months or more.
Rent can only be increased once every 12 months. The tenant must be given three months’ notice of the increase and served with a Rent Increase Notice. Tenants have the right to have the rent assessed by a rent officer if they feel that the rent increase is unfair
Under the PRT, the tenant is now able to give notice to vacate the property at any time after the start date of the lease. The tenant must give the landlord a minimum of 28 days’ notice.
Rent Pressure Zones
Council areas of Scotland could be declared Rent Pressure Zones (RPZ). If a local council believes rents are rising too much in their area, causing issues for tenants and putting pressure on the council to provide housing (or subsidise the cost of housing), they can ask the Scottish Ministers to have an area designated as a RPZ.
The Scottish Government model Private Residential Tenancy agreement can be read here.
Got a question? Landlords and tenants can contact PPL by telephone on 0131 337 7539 or contact us here and a member of the team will be happy to help!