Regulated tenants have the strongest rights of any type of private rental. If you think you are a regulated tenant and the landlord asks you to move or sign a new agreement, you should contact an experienced advisor, such as a citizen counselling office, immediately as you may lose your rights by signing a new contract – where you can get advice. The agreement may also include details about your landlord`s obligations to repair the property. Your landlord`s repair obligations depend on the type of lease. Check your lease – it could give you more rights than your basic rights under the law. A rental agreement exists even if there is only a verbal agreement between you and your landlord. For example, you and your landlord may have agreed at the beginning of the rental how much rent will be paid, whether it contains fuel, or whether your landlord can decide who else can live on the property. Your agreement might say you have a certain type of rental – but the type of rental you actually have might be different. If your landlord uses the Scottish Government`s rental model, they should also give you the “easy to read ratings” that explain the rental terms in plain English. Tenants of private apartments have stronger and clearer rights to challenge rent increases than most people with other types of private rentals. The landlord must also follow a clearly defined procedure for a rent increase to be legal. The landlord can only terminate the tenancy if there are one or more of the grounds for eviction listed in Schedule 3 to the 2016 Act.
the rental is not an exempt rental as shown below. Landlords and rental agents cannot charge a rental agency registration, credit check, or administrative fee. Any fees charged by the landlord to create or renew a lease are also illegal. Learn more about illegal fees and deposits. If the tenancy has ended and the tenant does not leave the property, the landlord must obtain a court order to evict the tenant. A single notice of leave replaces the notice of resignation and the notice of procedure required for tenancies governed by the 1988 Act. The notice of leave will set out the reason why the landlord wants the tenancy to end and will also inform the tenant that a case can be referred to the FTT for eviction proceedings if they do not leave the property. ** The term “common law tenancy” is used here to refer to a private residential tenancy that is not subject to the 1988 Act or the 2016 Act, which means that the rights and obligations of the parties are largely determined by the terms of the lease and the implied terms of the common law. Common law tenants (i.B students who rent real estate directly from a university or college) have no legal security of tenure, but have the right to remain in the profession for the duration of the lease. Common law tenants also have certain legal rights regarding repairs and habitability of the property, as well as a minimum notice period for termination. For leases longer than four months, the minimum term is 40 days and for leases of four months or less, the notice period is one third of the rental period (subject to a legal minimum of four weeks). In addition, tenants of residential property under common law (as well as other users of apartments, such as residents .
B licensed persons) are protected against unlawful eviction and harassment (under the Rents (Scotland) Act 1984 and the 1988 Act) and cannot be evicted without legal proceedings. One of the main recommendations was that the current insured rental regime be replaced by a new one for all future rentals in the private sector. The group also agreed that the new lease should offer clarity, simplicity, ease of use and flexibility. Rent increases – Your rent can only be increased once every 12 months (with 3 months` notice), and if you think the proposed increase is unfair, you can refer it to a rental manager. A notice of proceeding is the length of notice required before a landlord can take legal action. That`s either two weeks or two months, depending on the soil used. Longer notice period – if you have lived in a property for more than 6 months, your landlord must notify you at least 84 days in advance of leaving (unless you have exceeded a deadline in the rental). Check what type of private rental you have. Check the type of public sector rental you have. The lease is a contract between you and your landlord.
It can be written or oral. The lease gives you and your landlord certain rights. For example, your right to occupy the dwelling and your landlord`s right to receive rent for renting the dwelling. Most private landlords or rental agents must pay rent deposits into one of three rent deposit systems within 30 business days of the start of the tenancy. Learn more about rental deposits and what to do if your deposit is not in a system. N.B. In the bill that preceded the 2016 act, there was a minimum start period of 6 months during which the two parties would be related, but this provision was removed when the bill was passed. The Scottish Property Federation argued in its response to an October 2016 Scottish Government consultation on the new tenancy (available here) that the inclusion of the 28-day tenant`s notice “may have inadvertently led to a presumption of a 28-day tenancy and is suspected that this is proving difficult to attract funds to the area”. The FPS added that it firmly believes that a compelling reason can be put forward to support the rent exemption of large buildings under the law. To date, this proposal has not been implemented.
In most cases, your landlord will need to provide a written lease. Your landlord must always provide a written lease if you are a public sector tenant or if you are an insured, short-term or private tenant of a private landlord. When a tenant dies, the tenancy ends, unless a person living in the property can inherit the tenancy. If your tenancy began after December 1, 2017 and you are renting from a private landlord, your landlord will need to give you a package of “easy-to-read notes” or “supporting notes” explaining your rights and obligations as well as your lease. For more information on the notes you should receive, visit the Scottish Government website. You must have a lease (although a written agreement is not required for a lease to exist) Your rights as a tenant depend on the type of tenancy you have. This page is a guide to the types of private rentals in Scotland, but you should get help to check exactly what type of rental you have. Your written lease may give you more rights than the minimum required by law. Even if your agreement seems to grant fewer rights than you are legally entitled to, your minimum legal rights still apply. Learn more about leases.
A landlord is also required by law to give a tenant a series of notes that accompany their rental conditions. If a landlord uses the Scottish Government`s model private residential tenancy agreement, a landlord must give their tenant the following notes: If you plan to challenge a verbal agreement with your tenant or landlord or try to enforce a verbal agreement, you can get help from your nearest citizens` advice office. The rental you have depends on your situation, not what your agreement says. If your rental before 2. January 1989 and you are not a regulated tenant, you should seek advice on your rights. The rental system establishes the legal agreement between the tenant and the landlord and is an important element in ensuring that the private rental sector functions well. The other terms, called “Additional Terms,” are terms you can choose from your lease. They cover a number of rules and you should read them to check if they apply to your property. When you`re done, you can download your lease as a Word or pdf document. There is no minimum rental period during which one or both parties are related. The rental is a “permanent” rental. You cannot sublet, host a tenant, or pass on your tenancy to someone else until you first receive a written agreement from your landlord.
There are obligations that you and your landlord have that may not be included in the agreement, but are set out by law. These are called implicit terms. These conditions are part of the contract, even if they have not been expressly agreed between you and your landlord. .