Private Residential Tenancies – new rules from 1st December 2017
Anyone signing up for a new tenancy with a private landlord from today (1/12/17) onwards should be aware that there is a new system in force. Here’s some information from our Advice Centre on what you need to know
Anyone signing up for a new tenancy with a private landlord from today (1/12/17) onwards should be aware that there is a new system in force. These rules only apply to new tenancies starting on or after 1/12/17 – existing tenancies are not affected. Existing tenancies remain valid until they end. In addition, large private student housing providers (e.g., Unite, Fresh, Downing Students etc) are exempt from the new rules.
If you take out a new tenancy with a private landlord any time after 1st December 2017, you should be issued with a “Private Residential Tenancy Agreement”. Short Assured Tenancies will no longer be issued (except by the big private student housing companies).
The landlord must provide you with the correct type of tenancy agreement. The Scottish Government has created a Model Tenancy Agreement for landlords to use. Even if your landlord does not use the Model Tenancy Agreement, they still have to give you a copy of the “supporting notes”.
The main change that will affect students will be that the new type of tenancy is open-ended (rather than being for a fixed term like the old Short Assured Tenancies) and can be brought to an end by the tenant giving 28 days’ notice at any point. In theory this should give students much more flexibility, and will be of benefit to students who are studying here for short periods e.g. one-semester Erasmus.
If you have any queries, or are unsure about any aspect of signing a tenancy, please contact the SRC Advice Centre for free, confidential, impartial advice.