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New Scottish Model tenancy published

theartfullodger
theartfullodger Posts: 15,795 Forumite
Part of the Furniture 10,000 Posts Name Dropper
edited 19 October 2017 at 4:23PM in House buying, renting & selling
Mandatory for all new tenancies from 1st December 2017, the new Scottish tenancy has been published - see
http://www.gov.scot/Resource/0052/00526246.pdf

See also
http://www.gov.scot/Publications/2017/10/3669

& supporting notes
http://www.gov.scot/Resource/0052/00526249.pdf

& my favourite, a mere 49 pages of "easy read notes" for tenants..
http://www.gov.scot/Resource/0052/00526243.pdf

Predictions on what % of tenants read all 49 pages?

SaL have emailed members a briefing note and published a Fact Sheet.

Here are the new prescribed notices and forms for the new tenancy agreement...
http://www.legislation.gov.uk/ssi/2017/297/contents/made

£5 to an agreed housing charity for the 1st error spotted in the tenancy document. I must stop being so cynical, I must stop being so......

Comments

  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    as well as thanking you lets hope G_M decides this is good enough to finally bite the bullet and add Scotland to his excellent guides thread ..... 'bout time we had a page for kilt wearers
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    & my favourite, a mere 49 pages of "easy read notes" for tenants..
    http://www.gov.scot/Resource/0052/00526243.pdf

    Given some of the pages on the gov.scot website that is easy to read albeit 49 pages long. :)
  • ProDave
    ProDave Posts: 3,785 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Combo Breaker
    Anyone care to summarise what the changes are?
  • From what I've read online the big changes are:

    1. No more S21 eviction
    2. Ground for evictions have been changed/streamlined
    3. Rent can only be raised once every 12 month, rental increases the tenant considers unfair can be referred to a rent officer.

    https://www.tcyoung.co.uk/blog/2017/private-landlord/private-residential-tenancy and https://rentingscotland.org/articles/new-private-residential-tenancy have some details
  • It will be interesting to see how well this works. No more S21 gives increased security of tenure (though LL can still easily chuck you out if they want to sell or move in themselves). A positive move in my opinion.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    edited 20 October 2017 at 8:18AM
    There was never a Section 21 notice in Scotland.

    Tenancies started after 2nd January 1989 would either be an Assured Tenancy or a Short Assured Tenancy depending on whether the landlord had issued an AT5 notice before the tenant moved into the property. Landlords already need a ground to evict Assured Tenants whereas Short Assured Tenants can be evicted using the Section 33 route. Looking back I would say at least 50% of my tenancies were actually Assured Tenancies due to the lack of the AT5 form. I could probably still be living in some of the properties had I wanted to.
  • Ah fair enough, but Section 33 allowed no-fault evictions as S21 does (i.e. landlord wants you out and you will be gone, eventually)?
  • ProDave
    ProDave Posts: 3,785 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Combo Breaker
    Do these changes only apply to new tenancies? I assume one started in April 2017 remains under the old rules?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    ProDave wrote: »
    Do these changes only apply to new tenancies? I assume one started in April 2017 remains under the old rules?

    The clue is in the OP. Rather than expecting to be spoon-fed why don't you try reading the information in the links Artful has provided if you are that interested?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Ah fair enough, but Section 33 allowed no-fault evictions as S21 does (i.e. landlord wants you out and you will be gone, eventually)?

    If you have a Short Assured Tenancy then yes.
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