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New type of tenancy in Scotland from 1 December 2017

6 Nov 2017

From 1 December 2017 a new type of private tenancy will be created in Scotland, known as the Private Residential Tenancy

The Scottish Government says this tenancy has been designed to give tenants better security:

  • tenancies are open-ended so fixed terms are no longer allowed
  • there are longer notice periods for tenants who have been in the tenancy for more than 6 months
  • landlords must be able to evidence one of the specified 18 grounds for eviction and tenants have a better chance to defend against this
  • rent can only be increased once every 12 months and with 3 months’ notice
  • tenants can refer rent increases to local authority rent officers if they think it is too high. 

From 1 December 2017, no new short assured or assured tenancies will be created. If you have an existing short assured or assured tenancy, the changes will not affect you unless your landlord offers you a private residential tenancy agreement. 

If you are currently considering renting a property privately, it may be in your best interests to hold out until 1 December 2017 if you can.

The Scottish Government has produced a guide to the new tenancy for tenants, available at https://beta.gov.scot as well as a guide for landlords, available at https://beta.gov.scot

CAS will be publishing new online content on the private residential tenancy on the public advice website from 1 December 2017. If you are concerned about how this new type of tenancy will affect you, you can contact your local citizens advice bureau

More about renting from a private landlord

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