A new form of Scottish private residential tenancy will be introduced tomorrow.
The new private residential tenancy (PRT) will replace the existing assured tenancy regime for all future private sector tenancy lets.
The new tenancy is designed to improve security of tenure for tenants and provide appropriate safeguards for buy-to-let landlords, lenders and investors, according to the Scottish government.
Brian Moran, letting director at Your Move Scotland, commented: “Changes to legislation means landlords will be required to register new leases in line with the Private Residential Tenancy by the 1st of December. This will not affect landlords with live Short Assured Tenancy Agreements as these leases will remain the same until either party gives notices or it runs to its natural end date.”
PRT was created by the Private Housing (Tenancies) (Scotland) Act, the main provisions of which will also come into force tomorrow. These include limiting rent increases to only one per year with three months’ notice, giving local authorities the ability to impose rent controls in areas where there are ‘excessive’ increases in rent and modernising and streamlining the grounds under which a landlord can repossess residential property.
The removal of the 'no fault' ground for repossession, which will be replaced with 17 potential grounds for repossession, is among the biggest changes the Private Housing (Tenancies) Scotland Act makes.
Any disputes between landlords and tenants will now be dealt with by the new housing and property tribunal chamber, rather than the sheriff court.
Brian Gilmour, director of Indigo Square Property, said: “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.”
“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,” he added.