Rented accom - been asked to sign couple of forms by LA but what are they???

u2o

Hi all

ive been living in my rented accom here in Scotland for a month now and ive been asked to sign couple of forms by my LA and they came through the post today. but i aint got a clue and world of internet's making my mind go crazy so was wondering if anyone was nice enough to help!

1) AT5 form-
"Notice under section 32 to be served on a prospective tenant of a Short Assured Tenance"
it says that "to be valid this notice must be served before the creation of a tenancy agreement. a SAT will not exist if a valid notice has not been served" so i guess it's in my best interest to sign this and get it back to them ASAP.

2) Some other form with my LA's letter heading-
"Prior notification of grounds relating to recovery of possession Housing Scotland Act 1988"
and it says Notice is hereby given that the landlord may seek to recover possession of property under any or more of the grounds 1-5 in part 1 of Schedule 5 of Housing act 1988 etc etc. but then it lists only Ground 1 and Ground 2. Should I enquire and get a list of Ground 3, 4 and 5 before i sign?

cheers

osmonddiva

Hi U20, I moved into a rented property a couple of months ago in edinburgh. I remember signing a lot of these forms prior to moving in as well. i think they are just standard forms and nothing to worry about but if you are concerned then perhaps contact your local CAB or the local council housing dept for advice on them

Turnbull2000

The AT5 is required to make the AST legally binding. Perfectly normal.

As for the other letter, it's looks like a Scottish version of an S21, but I'm not entirely sure. I'd seriously check this one out before signing.

Lavendyr

http://www.opsi.gov.uk/ACTS/acts1988/Ukpga_19880043_en_1.htm

32 Short assured tenancies

(1) A short assured tenancy is an assured tenancy—
(a) which is for a term of not less than six months; and
(b) in respect of which a notice is served as mentioned in subsection (2) below.
(2) The notice referred to in subsection (1)(b) above is one which—
(a) is in such form as may be prescribed;
(b) is served before the creation of the assured tenancy;
(c) is served by the person who is to be the landlord under the assured tenancy (or, where there are to be joint landlords under the tenancy, is served by a person who is to be one of them) on the person who is to be the tenant under that tenancy; and
(d) states that the assured tenancy to which it relates is to be a short assured tenancy.
(3) Subject to subsection (4) below, if, at the ish of a short assured tenancy—
(a) it continues by tacit relocation; or
(b) a new contractual tenancy of the same or substantially the same premises comes into being under which the landlord and the tenant are the same as at that ish,
the continued tenancy or, as the case may be, the new contractual tenancy shall be a short assured tenancy, whether or not it fulfils the conditions in paragraphs (a) and (b) of subsection (1) above.
(4) Subsection (3) above does not apply if, before the beginning of the continuation of the tenancy or, as the case may be, before the beginning of the new tenancy, the landlord or, where there are joint landlords, any of them serves written notice in such form as may be prescribed on the tenant that the continued or new tenancy is not to be a short assured tenancy.
(5) Section 25 above shall apply in relation to a short assured tenancy as if in subsection (1) of that section the reference to an assured tenancy were a reference to a short assured tenancy.

More about the rest of the housing act at that link above too, have a read.

Lavendyr

Turnbull2000 wrote: »

As for the other letter, it's looks like a Scottish version of an S21, but I'm not entirely sure. I'd seriously check this one out before signing.

I don't believe that's the case. It's not actually serving a notice to quit, but rather giving notice that notice might be served for any of the reasons given in the Housing Act Schedules 1-5. i.e. enabling the landlord to use those reasons to give notice if he/she wants.

u2o

cheers - (im in edinburgh too!)

if its a scottish version of S21 or similar, is that basically a notice for eviction at the end of the agreement as i understand??

either way i'll get my AT5 back to them to make AST legally binding. that does mean i'll have rights to my flat for the duration of the contract though, doesnt it? i've signed a 12 month contract (best option for me) so i shouldnt be evicted during that period right?

eco-friendly_2

u2o wrote: »

Hi all

ive been living in my rented accom here in Scotland for a month now and ive been asked to sign couple of forms by my LA and they came through the post today. but i aint got a clue and world of internet's making my mind go crazy so was wondering if anyone was nice enough to help!

1) AT5 form-
"Notice under section 32 to be served on a prospective tenant of a Short Assured Tenance"
it says that "to be valid this notice must be served before the creation of a tenancy agreement. a SAT will not exist if a valid notice has not been served" so i guess it's in my best interest to sign this and get it back to them ASAP.

2) Some other form with my LA's letter heading-
"Prior notification of grounds relating to recovery of possession Housing Scotland Act 1988"
and it says Notice is hereby given that the landlord may seek to recover possession of property under any or more of the grounds 1-5 in part 1 of Schedule 5 of Housing act 1988 etc etc. but then it lists only Ground 1 and Ground 2. Should I enquire and get a list of Ground 3, 4 and 5 before i sign?

cheers

Grounds 1-5 Mandatory Grounds


If one of the following grounds is established the court must grant the landlord an order for possession.


Ground 1 The house was the LLs only or principal home at any time before the tenancy was granted; or the LL needs the property for himself or his spouse for use as the principal home of one or both of them and did not become the Landlord through buying the house or otherwise acquiring it for value.

*** This ground will apply only if the LL gave the tenant notice in writing before the beginning of the tenancy that possession might be recovered on this ground .


Ground 2 There is a mortgage over the house

***

Ground 3 The house or room was let for a specified period of 8 months or less and was occupied for a holiday during the previous 12 months

***

Ground 4 The house or room was let for a specified period of 12 months or less and was let to a student by a university, central institution, or other specified educational instititution during the previous 12 months

***

Ground 5 The house or room is normally held for use by a minister or full-time lay missionary in connection with his work and the sheriff is satisfied that the house or room is again required for this purpose.


***


The L A is looking after the owners interest, in case they want the property back after 12 months.

u2o

thanks for that list eco-friendly. i guess thats nothing for me to worry about then