Information for tenants: New tenancy changes from 1st December 2017
Following the introduction of the Private Housing (Tenancies) (Scotland) Act 2016, a new type of tenancy - the Private Residential Tenancy was introduced. It replaces assured and short assured tenancy agreements for all new tenancies, as of December 2017 to Private Residential Tenancies.
Any existing assured and short tenancy agreements will continue, but will be replaced with the new private residential tenancy when renewed in the future. The aim is that the new tenancies will bring in changes and improvements to the private rented sector. There are a number of changes under this legislation; the main features are highlighted below.
How does this new tenancy arrangement affect me?
- An end to fixed terms- new tenancies are open ended, unlike short assure tenancies. This means that your landlord can’t simply ask to leave because your agreement has come to an end
- Greater protection around rent increases- Your rent can only be increased once every 12 months, with a three month notice period. If you believe it be unfair, you have the right to refer it to a rent officer
- Extended notice period- If you have lived in the property for more than 6 months, your landlord will now have to give you at least 84 days’ notice, unless you have broken any agreements made in the tenancy
- Clearer notices- the notice to quit process has been removed and replace by a simplified notice to leave process
- Restructured grounds for repossession- an introduction of 18 modernised grounds for possession are now in place
- Changes to the Private Rented Housing Panel- The First-tier Tribunal for Scotland (Housing and Property Chamber) has now been formed to deal with issues relating to rent, repairs, evictions and all other non-criminal disputes in the private rented housing sector.
For more information relating to the changes under the Private Housing (Tenancies) (Scotland) Act 2016, please refer to links at the side of this page.