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A new tenancy for the private rented sector

24th November 2016

A new type of tenancy will be introduced as a result of the Private Housing (Tenancies) (Scotland) Act 2016.
The new ‘private residential tenancy’ is expected to come into force in December 2017 and will replace Short Assured and Assured Tenancies for all future private rented sector lets.

Key features of the new system include:

• An open-ended tenancy which will last until a tenant wishes to leave the property or a landlord uses one (or more) of new 18 grounds for repossession.
• no more confusing pre-tenancy notices, such as the AT5.
• where a tenant is at fault, less notice will be required before a landlord can refer a case for repossession.
• a Scottish Government Recommended Model Tenancy Agreement, which will include standardised tenancy terms.
• one simple notice when regaining possession of a property called a Notice to Leave. This will replace the current Notice to Quit and Notice of Proceedings.
• 18 modernised grounds for repossession, which includes new grounds where the property has been abandoned or the landlord intends to sell.

The Scottish Government is currently working with SAL and other stakeholders to develop the supporting draft policy and secondary legislation needed to introduce the new tenancy.

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