Archive for November, 2014

Scottish Government Consult on a new Tenancy for the Private Rented Sector

Monday, November 3rd, 2014

The Scottish Government has launched a public consultation on proposed reforms to the Private Rented Sector tenancy in Scotland.

The overarching aim of the new tenancy is to improve security of tenure for tenants, while providing appropriate safeguards for landlords, lenders and investors.

Some of the key proposals include:-

  • removal of the “no fault” grounds for repossessions which is currently available to all Landlords of Short Assured Tenancies. At present Landlords can reclaim their property simply because the fixed term has ended.¬† The consultation document proposes the removal of this right for Landlords;
  • the consultation proposes reducing the number of grounds under which a landlord can repossess their property from the current 17 grounds to 8 grounds. All these grounds would be mandatory (there would be no requirement to satisfy any court or tribunal that it is reasonable to repossess where the terms of the ground are met).
  • The consultation proposes that in future tenancies cannot automatically “roll over” for a duration of less than the original period of Let.
  • The consultation proposes a number of changes to notice periods which landlords and/or tenants must give to terminate the lease. In many cases the period of Notice would be shorter than is required under current legislation.
  • The consultation proposes to introduce a model Tenancy Agreement which would contain mandatory and discretionary clauses along with guidance that would require to be issued to all tenants in their tenant information pack.

The full consultation can be accessed via the Scottish Government web pages Scottish Government Consultation

Responses are sought until the 28 December 2014 and all landlords, agents and tenants are strongly encouraged to read through the consultation document and to make their views known through the consultation process.

Your answers will help shape a new, modernised and simplified tenancy system for the private sector in Scotland.