New Tenancy

December will see the biggest change to the Private Rented Sector in Scotland for 30 years with the introduction of the Private Residential Tenancies which replace Short assured tenancies.  The Scottish government (finally) released details of what the documents will look like this week., The key points of which are;

  • From December 1, every new private tenancy will be a private residential tenancy.


  • Setting up a new tenancy involves less paperwork. You won’t have to issue AT5 or AT7 forms to tenants before they sign their lease.


  • While new tenancies will have no end date, we’ve set out 18 grounds for repossession, including a new grounds where you intend to sell the property and where the property has been abandoned


With these new rules to be implemented in just a months time, we asked our Val West some of the questions posed to us by landlords and tenants.

How significant are these changes?

The implementation of the Private Housing (Tenancies) (Scotland) Act 2016 will see the biggest changes to the private rented Sector in Scotland for 30 years with the end of fixed term Short Assured Tenancies.


Who primarily benefits from these new changes?

One of the main aims of this act was to provide greater security of tenure to those living in private rented accommodation.  Many live with the permanent concern that their landlord will end their tenancy in just a few short months for no reason other than he wants a change.  That is no longer possible.  Tenants will only be moved out of a home under specific grounds.


What do landlords need to be aware of?

For many landlords the fear of the change is worse than the actual change.  The paperwork will alter and the notice period of tenants to leave is also different.  The biggest concern to landlords is now that a tenant can leave the property inside the first 6 months which they cannot currently do.


Does this make being a private landlord harder?

For good landlords and good tenants it should make very little difference


What are the benefits for landlords?

This is really a tenant focussed piece of legislation.  The main benefit to the landlord is that the proposals are to make evictions a smoother and swifter process.


Will there really be less paperwork?

The concept is to try and make the whole process simpler.  There will be only one piece of paper when a tenant is to leave the property – A Notice To Leave and before moving in there will be no AT5 (currently issued to a tenant before they sign their lease)


What about people with tenancy agreements already in place? Does this affect them?

Existing tenancies will continue under the current regime until they need to be renewed or until both parties decide they want to opt onto the new system.


If you want to know more about these changes, call our office on 0141 404 1334 or email