The long awaited model private residential tenancy agreement was published by the Scottish Government last week. The Private Housing (Tenancies) (Scotland) Act 2016 due to come into force on 1 December 2017 replaces the current Assured and Short Assured Tenancies in Scotland and sets out that all private residential tenancies will be subject to core rights and obligations. The model tenancy agreement itself is not mandatory but it is designed to stand as a guideline to ensure that the requirements of the Act are followed. Therefore landlords are able to draft their own agreements so long as the mandatory clauses are included. A copy of the agreement can be found here.
If tenancy agreements do not confirm with the statutory requirements set out in the Act, the First Tier Tribunal can draft an entirely new tenancy agreement and order the landlord to pay damages to the tenant in an amount not exceeding three months’ rent.
Further information about the Private Housing (Tenancies) (Scotland) Act 2016 can be found here:- https://www.jacksonboyd.co.uk/reform-private-rented-housing-scotland/
Jackson Boyd have a team of lawyers specialising in landlord tenant disputes. We are experienced in acting on behalf of both landlords and tenants and are happy to answer any questions in relation to the changes in the law and how it may impact you. Please contact us online by clicking here or speak to a member of our specialist team on 0333 222 1855.