Housing (Scotland) Act 1988

Product Information

The Scottish Government has developed a recommended Model Tenancy Agreement for private residential tenancies. Find out more about the Model Tenancy Agreement and how you can create a private residential tenancy agreement online. Scottish Ministers have temporarily set a cap on the maximum amount by which rent can be increased within a tenancy via the Cost of Living (Tenant Protection) (Scotland) Act 2022. This notice has been updated to take account of the permitted rate (also known as the 'rent cap') for the private rented sector. The rent cap is temporary and will remain in place until such time as it is suspended or expired. Your landlord cannot just ask you to leave because the tenancy has reached its end date. They have to give you a reason that falls under one of the 17 grounds for eviction. If you want to leave a) in subsection (2)(a) to (d), (m) and (o) above may be exercised only with the approval of the Secretary of State given with the consent of the Treasury or in accordance with a general authority given by him with such consent; Schedule 1 to this Act shall have effect with respect to the constitution and proceedings of and other matters relating to Scottish Homes.

Appeals to the First Tier Tribunal Housing and Property Chamber are made on a prescribed form AT4. [3] Both the landlord and the tenant may be represented at the hearing. The tribunal should determine a market rent for the property, ie a rent that the landlord could reasonably expect to get on the open market for a similar property let out on an assured tenancy on the same terms. [4] In doing so, the panel should disregard the fact that there is a tenant in the property; the value of any improvements carried out by the tenant, or alternatively, anything arising from the failure of the tenant to carry out their obligations under the tenancy. After section 239 of the Housing (Scotland) Act 1987 there shall be added the following section— S-239A After section 256 of the Housing (Scotland) Act 1987 there shall be added the following section— S-256A your landlord gives you written notice that they want you to leave because you've broken a condition of your tenancy agreementThe date specified must be at least one month from the date of the service of the notice. If the term of the tenancy was for a period of less than six months then the amount of notice required is either equal to the term of the tenancy or one month, whichever is longer. If the term of the tenancy was originally for six months or more, then six months' notice is required before the new rent can take effect. [2] shall be incorporated with this section and in construing those Acts for the purposes of this section this section shall be deemed to be the special Act and Scottish Homes to be the promoters of the undertaking or company, as the case may require. protection from frequent rent increases – your rent cannot go up more than once a year and you must get at least 3 months' notice of any increase

Application by a tenant to the First-tier Tribunal for Scotland Housing and Property Chamber for a determination of the terms of a statutory assured tenancy and, if appropriate, rent for that tenancy under section 17(3) of the Housing (Scotland) Act 1988 Assured and short assured tenancies which began before 1 December 2017 can continue until they're brought to an end by you or your tenant. If your tenant's short assured tenancy is renewing on a contractual basis this can continue to renew under the Housing (Scotland) Act 1988 until either you or the tenant brings it to an end. This procedure can only be used at 12-month intervals. It cannot be used within 12 months of the date a new increased rent took effect, either by virtue of a previous application of this procedure, or by agreement between landlord and tenant. If you leave without giving notice, or leave before your notice has run out, you'll still be responsible for the property and any rent you have to pay. If your landlord wants you to leave If you want to leave after an assured tenancy runs out, you have to give your landlord or letting agency notice. The notice period has to be at least:

you received a special notice (an AT5 form) before the tenancy started telling you that it's a short assured tenancy

Notice by landlord under section 17(2) proposing terms of a statutory assured tenancy different from the terms of the former tenancy a) providing, and assisting in the provision of, finance to persons or bodies intending to provide, improve, repair, maintain or manage housing;

A property can still be considered a separate dwelling even if some of its facilities are shared with other tenants. For example, if you only rent a bedroom in a flat but you can use a shared bathroom and kitchen, the property will be treated as a separate dwelling because you have access to the facilities you need for it to be considered a separate dwelling. Improvements for tenants include: This Part (except sections 253 to 255) shall apply to Scottish Homes as it applies to a local authority.’. Unfair terms are conditions that are not legally binding because they try to take away a right the tenant would have in law, or would impose unfair duties on them.