The proposed new Private Residential Tenancy introduced by the Private Housing (Tenancies) (Scotland) Act 2016 will be in force from 1st December 2017.

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The new tenancy will be in use from 1st December 2017 and will apply to any new tenancies granted after the termination of a current Short Assured Tenancy.

The most important change for all letting agents and landlords to understand is the new PRT will have no end date as part of the contract. The SAT allows a landlord to terminate a SAT through what has become known as the “no fault” process allowing a landlord to terminate purely because an end date is specified in the SAT. The current SATs may well be extended for some considerable time until either the tenants or landlords decide to terminate the SAT. The new PRT will only come into effect after that termination event.

The “no fault” ground for termination no longer exists in the PRT and will no longer be available as a means for landlords to regain possession after the current SAT has ended

Here are links to the web site provided by the Scottish Government setting out the provisions for a landlord to regain possession. It is particularly important that all landlords understand these prior to granting a new tenancy using the PRT.

Link to Scot Gov website with Model Tenancy
https://beta.gov.scot/publications/private-residential-tenancies-landlords-guide/

Scottish Government Model Private Residential Tenancy Agreement
http://www.gov.scot/Publications/2017/10/3669

Easy Read Notes For The Scottish Government Model Private Residential Tenancy Agreement
http://www.gov.scot/Publications/2017/10/3671

Private Residential Tenancy Statutory Terms Supporting Notes
http://www.gov.scot/Publications/2017/10/8776

and for Prescribed Notices
http://www.legislation.gov.uk/ssi/2017/297/contents/made

Letscotland encourages all those involved in the industry to embrace the changes, learn as much about it as possible and consult with others in order to ensure that documents you use after 1stDecember 2017 are all compliant with the new legislation.

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