Changes to renting in Scotland...
Significant changes to the law have come into effect for private renters in Scotland today, with more to follow in 2018.
From 1st December 2017, short term assured tenancies will be replaced by Private Rental Tenancies. The purpose of this is to provide safeguards for landlords and improved security for tenants.
What does this mean?
Fundamentally, fixed term tenancy agreements no longer exist in Scotland. This means a tenant and landlord will not be able to have a 6 or 12 month agreement. Tenants are able to end their tenancy giving 28 days written notice. It means leases are effectively open-ended, and anyone signing a tenancy from 1 December 2017 will be under a Private Rental Tenancy.
What happens to existing tenancies?
Any existing short assured or assured tenancy will continue until either the tenant or landlord bring it to an end by serving notice to quit the let property.
The new law allows landlords to ask tenants to leave on a number of grounds. In fact, there are now 8 mandatory and 8 discretionary grounds for possession.
What are the mandatory and discretionary grounds?
A landlord can ask a tenant to leave on the following grounds:
Mandatory:
1. Landlord intends to sell the let property
2. Let property to be sold by lender
3. Landlord intends to refurbish the let property
4. Landlord intends to live in the let property
5. Landlord intends to use the let property for non-residential purpose
6. Let property required for religious worker
7. Tenant has a relevant criminal conviction
8. Tenant is no longer occupying the let property
Discretionary
1. Landlord's family member intends to live in the let property
2. Tenant no longer needs supported accommodation
3. Tenant has breached a term of the tenancy agreement
4. Tenant has engaged in relevant antisocial behaviour
5. Tenant has associated in the let property with someone who has a criminal conviction or is antisocial
6. Landlord has had their registration refused or revoked
7. Landlord's HMO licence has been revoked
8. An overcrowding statutory notice has been served on the landlord
There are more changes to come in 2018 including from next month, all letting agents will have to register and adhere to a code of practice. We will take care of all of these changes for Your Move Landlords and Tenants so you don’t need to worry.
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