Private Rented Tenancies Sample Lease

Private Residential Housing (Tenancy) Act 2016

Private Residential Tenancy Agreement 

 

To: Tenant Name(s)

 

Dear: Tenant Name(s)

Date:

Property at: Address

Type of Property:

Inclusions, omissions, burdens: (e.g. HMO) 

Landlord: Landlord Name(s)

Landlord Registration No:

C/o Factotum, 63 Dublin Street, Edinburgh EH3 6NS.

Agent: Factotum (Scotland) Ltd, 63 Dublin Street, Edinburgh EH3 6NS, Tel:  0131 290 2929 Emergency No: 07775677718, mail@factotum.co.uk, www.factotum.co.uk, Company No: 246244. landlordregistrationscotland.gov.uk No: 00207/230/21110. Property Factors Reg: PF000406. NRLS tax ref: A025093 9902.

Management: Factotum as Agent should be the primary and first contact. Your factor for the time being is: Factor Name. All deposit and rental amounts should be paid to Factotum as my agent. Factotum adheres to The Letting Agent Code of Practice (Scotland) Regulations 2016.

I hereby offer to let my flat at (address) subject to the inclusions, omissions and burdens as stated above, with access to and egress therefrom on the following terms and conditions:

(1) The lease will commence on the (date) — or when all the signatories have signed this agreement, have been served and acknowledged receipt of the Easy Read Notes including any other documentation required ­— whichever is the later date. The lease will then endure ad-infinitum, unless; 1) by you, joint and severally, giving me or Factotum as my agent, 28 days’ notice in writing of your joint and several Notice to Leave, or 2) by me or Factotum as my agent, giving you Notice to Leave under any of the 18 grounds outlined in paragraph 4 of this agreement. This tenancy is subject to vacant possession being granted by occupiers who may have a tenancy on or before the day of the commencement of this agreement and until they flit the subjects of let.

(2) The rent will be £xxxx per calendar month, the first payment being payable at the commencement of this lease and thereafter on or before the first day of each month.  In the event of the lease commencing or terminating within one month, after a date on which the rent is payable, the rent due will be allocated proportionally. The rent may increase by 5% every twelve months or by rent assessment every twelve months, whichever represents the greater increase. Such assessment, or reasonable appeal against a percentage increase is to be ascertained by market value of Private Rented Sector (PRS) prices obtained by comparisons made with private letting portals and local PRS agent data. Public Sector Rent values are NOT to be used in such assessments. Any Rent Increase Notice MUST be served to you in the prescribed form under provision 22 of Chapter 2 of the Private Housing (Tenancies) Act 2016. If the subjects of let are in a Rent Pressure Zone then any increase will be subject to the restrictions laid out in that provision. For the benefit of doubt the subjects are presently (IS / IS NOT) in a Rent Pressure Zone.

(3) In addition to the rent, you shall pay, when this offer is accepted, a deposit of £xxxx, all of which shall be ‘held in trust’ by Factotum in a Clients’ Account for a period no longer than 28 working days from the commencement of this tenancy thereafter said deposit will be lodged with an approved TDS (Tenancy Deposit Scheme) until all of your obligations hereunder have been fulfilled.  You will be informed by separate correspondence as to which TDS holds your deposit and we will provide you with any certification provided by said TDS. Said deposit will be returned timeously at the end of the lease, less outstanding accounts and damages and having agreed amounts in compliance with the TDS rules and conditions. Our present TDS scheme administrator is Safedeposits Scotland and their contact details are: Tel:03333 213 136, www.safedepositsscotland.com, mail: info@safedepositsscotland.com.

(4) Notice is hereby given that I shall be entitled to recover possession of the subjects of let in terms of any of the 7 Grounds in Schedule 3 of Section 51 to the Private Housing (Tenancies) (Scotland) Act 2016 of which a First Tier Tribunal MUST order possession, and the further 10 Grounds, 8 to 18, of which a First Tier Tribunal MAY order possession, and that I shall be entitled at the determination of The First-tier Tribunal to recover possession of the subjects of let. The 18 Grounds referred to are annexed at the end of this agreement.

(5) The Lease will expressly exclude heirs, legatees, statutory successors; out-with section 65 of part 6 of the 2016 Act. Also excluded are all assignees whether legal or conventional, trustees, sub tenants, creditors, and trustees of managers for creditors all and whole.

(6)  Details of the appointed TDS that will hold your deposit will be furnished to you in the prescribed time. You shall be responsible for payment of all other occupier’s taxes and all other occupier’s charges in connection with the subjects of let and ensure that the Subjects of Let are not used for illegal or immoral purposes.

(7) It is expressly stated that the property is to be used by you as a single household living together as a family unit who are jointly and severely liable to the terms of this agreement.   No rooms, be they public rooms or bedrooms, in the subjects of let are to be treated as being let to a single individual.   Any action that would divide the subject of let into segregated living areas is expressly forbidden.  The fitting of external locks, therefore, on any of the public rooms or bedrooms is expressly forbidden.

(8) You shall be bound to observe and comply with the provisions and requirements of every Act of Parliament and every order, regulation and bylaw so far as relating to or affecting the subjects of the let.

(9) You will be responsible for declaring that you are the new account holder for the payment of electricity and gas bills payable for the property during the period of the tenancy, and also for telephone, ISP landline and rental for the said period.  You shall take care not to overload the electricity current.

(10) Notice is hereby given in terms of the Chapter 4 of Part 1 of the Housing (Scotland) Act 2006 that you should be informed that the contents of that chapter is applicable to your tenancy in its entirety. Further that you have been informed as such.  The Act provides that the subjects of let meet Repairing Standards and that these standards have been inspected prior to the start of your tenancy and continue to be met throughout its term. The act provides for the tenant to apply to the Private Rented Housing Panel to require the landlord to carry out work deemed necessary if this has not been done in a reasonable timescale. Tenants are required to grant greater access to allow landlords to carry out such work. All mention in this tenancy agreement that refers to the condition and function of the subjects and contents and the reasonable time allotted therein to make reparations, is applicable to the jurisdiction of that Act.

(11) I, the Landlord, accept responsibility for keeping in repair the structure and exterior of the property (including the drains, gutters and external pipes) and for keeping in repair and proper working order the installations in the property and to insure the bricks and mortar and heritable fittings and fixtures against fire, storm and damage from freezing conditions, such as burst pipes, from tanks and other appliances or damages, as I, or Factotum as my agents, see fit and within the terms of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006. I will also insure any items of furniture or other personal effects that I may keep in the property.

(12) You accept responsibility for normal household repairs, notwithstanding this generality, including, glass, blocked drains and mechanical WCs, but not for repairs to any items which were in deficient repair prior to the commencement of this lease, and for keeping the house and garden grounds in the same repair and decorative order as they stand at present, fair wear and tear excepted, throughout the period of the lease and you undertake the following:

(a) To keep and maintain the property and heritable fittings and fixtures therein clean and tidy and in good condition and repair.

(b) Not to cut, mark, paint or decorate the same without first obtaining my written permission to do so, and, without prejudice to the foregoing generality, no nails, tacks, blue tack or fixings other than the standard picture hooks or pins will be put onto the walls or woodwork without my prior written consent.

(c) To give me, or Factotum as my agent, immediate notice of any damage or defects as soon as the same takes place or become apparent, and to indemnify me against any additional loss occasioned by failure to give such notice.

(d) Not to allow the property to be occupied on a regular basis by more than persons nor to sublet in whole or part.

(e) Not to use the property, or any part thereof for any offensive, noisy or noxious trade, business or occupation or any purpose which may be, or grow to be a nuisance or annoyance or cause disturbance to the owners or occupiers of any adjoining properties. In terms of the HMO legislation, if there is persistent anti-social behaviour by tenants then the license can be revoked and Factotum could lose their status as responsible agents in terms of that legislation if unable to control you as tenants. You hereby agree to making full reparations for any such losses and reasonable recompense for management costs in mitigation thereof which may be taken from your deposit.

(f) Not to use the property or any part thereof for any business, trade or professional purpose that may compromise or alter the class of use in terms of the Town and Country Planning Regulations. You shall not use or permit to be used for any sale by auction, exhibition or public meeting or entertainment in the premises.

(g) Not to keep or permit to be kept any dogs, cats, or domestic animals of any kind without having first obtained my consent in writing. Not to smoke tobacco or any other substance at all inside the common areas of the property nor to permit any excess smoking in the flat without manifest airing and ventilation of the rooms and without consideration for the health impact to yourself and harm of passive smoke on your co tenants and guests.

(h) No television aerials, satellite dishes or other such items to be erected without my prior written consent.

(i) To accept, with caveats as appropriate, the carpets, curtains, furniture and equipment in the property as stated in the Inventory, to be attached and signed as relative hereto, including any Condition Report within one week of your occupancy. At the end of your tenancy to replace any of the items which may have been broken or otherwise damaged, lost or stolen during your occupancy and, failing replacement, I or my agents, to make deduction of the current value from your deposit in accordance with TDS guidelines.

(j) To use all the appliances in accordance with manufacturer instructions. Furthermore, you will be liable for any repairs to appliances caused by your misuse of the same and which are not covered by manufacturer guarantees. You will be obliged to maintain and use any security system at all times. It will be your responsibility to keep the chimneys regularly swept and to keep the premises fired and aired at all times during your absence, always at a temperature to avoid freezing of water pipes, tanks etc.  To use any open fires in the property with proper caution, using fire guards where necessary and to sweep the chimneys every 50 burnings; further to inform us, at the end of your tenancy, of the number of burnings since each chimney was last swept.

(k) You will test all CO, Smoke and Heat Detectors on a regular basis and replace the CO and/ or Smoke and Heat Detector batteries as required. You will inform me, or Factotum, as my agent, in the event of a detector not working. You will not introduce items of furnishings or electrical appliances that do not comply with the regulations, and you will inform me, or Factotum, as my agent, if it comes to your attention that any such item may be in the property that I, or my agent may be unaware of.

(l) You will be responsible along with the other residents for carrying out any obligations incumbent as a resident as regards the upkeep of the common parts of the property, the rubbish collection days and the Council and local regulations regarding waste management and recycling. You shall not cause any blockage to or hindrance of free movement along the passageways, which must be kept free at all times in case of emergency. Nor to store items in the common areas or keep dangerous substances, including acid to clear drains.

(m) You shall be responsible for the property insurance of your own personal belongings kept in the property, and will have no claims against any insurance policy held by me for your own belongings or for damage you may have done to the said subjects that may be insured separately by me. You acknowledge hereto that my insurance cover for theft or damage is only in the instance of forcible or violent entry and I hold you to keep the premises securely locked at all times and will hold you responsible for any damage or theft by persons you invite into the premises. You may not un-inhabit the flat for more than 30 consecutive days otherwise you will render my insurance invalid. You may, at your request, settle any extra insurance premium charged to me, at cost only, so as to restore cover and enable the flat to be uninhabited.

(n) Payment may be made in pounds sterling by Cash, Cheque, Bank Transfer and most Credit Cards and Debit Cards and represent cleared funds by the due date. Bank Transfer charges should be marked as OWN. Any beneficiary (BEN) Charges, intentionally or erroneously passed to me or Factotum as my agent may be recovered from you, at cost only. Likewise, any Credit Card charges incurred, because of your chosen option of using such a method of payment, may be recovered by me or Factotum as my agent at cost only.

(o) You hereby agree to keep me or Factotum as my agent fully and promptly updated with your email address, mobile or other phone numbers and any 2nd address or next of kin details. You further agree to respond promptly and communicate diligently to any requests or enquiry from me or Factotum as my agent. You will, in your personal dealings with co-tenants, neighbours, landlord, and Factotum as agent act in a courteous, mindful and honest manner and perform your duties under the terms of this agreement with probity.

(13) I or my agents will be entitled at intervals during the currency of the let to inspect the subjects let, such inspections being at reasonable times and having been given reasonable prior notice. In the event of an emergency such notice may be curtailed. As Tenant/s you undertake to permit me, or Factotum as my agent, with or without workmen and others and with all necessary appliances at all reasonable times to enter upon and examine the condition of the property and the said contents and furnishings and to execute repairs or redecoration to the same, in all cases after reasonable notice in writing has been given to the Tenant. As tenants, you will not unreasonably withhold such access. During the last month of the tenancy, you will, if necessary, allow prospective tenants or, if I decide to sell, prospective purchasers, to view the whole of the property at all reasonable times. On your departure at the tenancy’s ish you MUST remove all your goods, belongings and chattels, thereby confirming the end of the tenancy and your obligations to pay rent and honour the other terms therein. You hereby acknowledge that I, or Factotum as my agent will be entitled to remove any remaining items after 7 days, dispose of them as appropriate and charge you for so doing.

(14) Not withstanding that there is, or will be, more tenants in the Subjects of Let, one person, as lead tenant, shall be administratively responsible to me as Landlord, or Factotum as my appointed agent and that person shall be (name). The due rent and other costs shall nevertheless be recoverable from each one of the occupants of the property and the joint and several liabilities of the tenants in respect of the other obligations of this Lease shall be unaffected. Each occupant of the property shall be liable jointly and severally to implement the obligations as set out in the lease. The appointed ‘lead tenant’ will assume responsibility for liaising with the appointed TDS in respect of the deposit held and the other tenants hereby acknowledge consent to the appointment of (name) as lead tenant.

(15) In the event of you failing to implement the obligations and conditions imposed upon you by this lease I, or my agent, shall have the power to enter upon the Subjects of the Let and carry out such work as may be necessary and to charge you with the full cost thereof, which cost shall be payable no later than two months after demanded, and reserving the right to claim from you compensation in respect of any dilapidation, deterioration of, or damage to any part of the subjects of let or any losses due to you or your co-tenants unsociable behavior and in the event of failure to agree to such compensation, the amount shall be fixed by arbitration as hereinafter stipulated.

(16) You shall not allow yourself to become apparently insolvent, nor to allow a poinding of your effects to be executed, nor to allow yourself to be voluntarily divested of your estate or effects by trust deed for behoof of creditors or otherwise, nor shall you allow one term’s rent to remain unpaid when the next term’s rent shall have become due, nor otherwise fail to implement any of your obligations herein. Should you breach any condition or obligation contained in this lease and in compliance with the terms contained within the 2016 Act, then I reserve to myself in such an event, all rights and claims due for past and current rents and for compensation in respect of your failure to implement your or your co-tenants’ obligations under the terms of this Lease over and above any award or amount granted by the Tenant Deposit Scheme, (TDS).

(17) All disputes, outwith the jurisdiction of the TDS dispute resolution process, arising out of and during the currency of this Lease which are not agreed between parties hereto, shall be referred to a single arbiter, mutually chosen by the parties hereto, and in the event of the parties failing to agree upon a single arbiter the matter will be referred to the First-tier Tribunal on the application of either party and the award of such an arbiter shall be final and binding on the parties hereto.

(18) You hereby declare that the information provided in your application for this tenancy is true to the best of your knowledge and you consent to Factotum passing on this information to third parties to enable validation or confirmation of the details and references provided. Further you consent to Factotum sharing details about the following: 1) your performance in honoring your obligations undertaken, 2) past, present and future known addresses of the parties concerned with credit reference providers, for referencing purposes, and rental decisions, 3) with utility, Council Tax and water companies, local authority council tax and housing benefit departments, with mortgage and other lenders. All to help prevent dishonesty, for administrative and accounting purposes, or for occasional debt tracing and fraud prevention.  Under the Data Protection Act 1998 you are entitled, on payment of a fee which will be no greater than that set by statute, to see a copy of personal information held about you and to have it amended if it is shown to be incorrect.

(19)  This agreement may be signed by the parties electronically and any further notices may also be served by email. Please confirm your communication preference together with your contact details below.

(LANDLORD SIGNATURE)

I/We hereby accept the above foregoing offer.

(20) By signing below, I/we also hereby agree amongst ourselves as to who is the lead tenant and the full implications of the joint and several liability incumbent on each of us and, where applicable, our guarantors in the event of either one of us reneging or failing to honour these terms. We hereby agree that in the event of a split vote as to giving notice to leave or not, then a majority vote will secure that decision. If still split and no arbiter is appointed to apply a casting vote then the landlord or his agent will decide and we hereby agree to be bound by that decision. This paragraph forms part of this tenancy agreement and, in terms of ground 11, MAY be a ground for the First-tier Tribunal to grant an eviction.

(TENANT(S) / SIGNATURE(S))

 

Schedule 3 of Section 51 to the Private Housing (Tenancies) (Scotland) Act 2016

PART 1 LET PROPERTY REQUIRED FOR ANOTHER PURPOSE

  • Landlord intends to sell
  • Property to be sold by lender
  • Landlord intends to refurbish
  • Landlord intends to live in property
  • Family member intends to live in property
  • Landlord intends to use for non-residential purpose
  • Property required for religious purpose

PART 2 TENANT’S STATUS

  • Not an employee
  • No longer in need of supported accommodation

PART 3 TENANT’S CONDUCT

  • Not occupying let property
  • Breach of tenancy agreement
  • Rent arrears
  • Criminal behaviour
  • Anti-social behaviour
  • Association with person who has relevant conviction or engaged in relevant anti-social behaviour

PART 4 LEGAL IMPEDIMENT TO LET CONTINUING

  • Landlord has ceased to be registered
  • HMO licence has been revoked
  • Overcrowding statutory notice

SECTION 2: GLOSSARY OF TERMS & INTERPRETATION

The following words have these meanings except where the content indicates otherwise:

  • Ad-infinitum: (Latin) To infinity,  For  ever and ever
  • Access: Right of entry
  • Assignation: Where a Tenant transfers his or her rights to a private residential tenancy (or share in a joint tenancy) to another person, subject to obtaining the Landlord’s prior written permission.
  • Assignees: person to whom a right or liability is legally transferred.
  • Behoof: Benefit or advantage of
  • Common Parts: in relation to premises, the structure and exterior of, and any common facilities within or used in connection with, the building or part of a building which includes the premises but only in so far as the structure, exterior and common facilities are not solely owned by the owner of the premises.
  • Egress: Exit, right to leave.
  • Eviction ground: one or more of the grounds named in schedule 3 of the Act on the basis of which an eviction order may be issued by the First-tier Tribunal for Scotland Housing and Property Chamber (“the Tribunal”).
  • Eviction order: an order issued by the Tribunal which brings a private residential tenancy to an end on a certain date.
  • Fixed carbon-fueled appliance: an appliance that is attached to the building fabric or connected to a mains fuel supply and burns fuel to produce energy.
  • Flit: Leave, move on
  • Guarantor: a third party, such as a parent or close relative, who agrees to pay rent if the Tenant doesn’t pay it and meet any other obligation that the Tenant fails to meet. The Landlord can take legal action to recover any unpaid rent from a guarantor.
  • House in Multiple Occupation (HMO): Living accommodation is an HMO if it is occupied by three or more adults (aged 16 or over) from three or more families as their only or main residence and comprises either a house, premises or a group of premises owned by the same person with shared basic amenities (a toilet, personal washing facilities, and facilities for the preparation or provision of cooked food) as defined in section 125 of the Housing (Scotland) Act 2006.
  • Ish: (Scots) end date
  • ISP: Internet Service Provider
  • Jointly and severally liable: where there are two or more Joint Tenants, each Joint Tenant is fully liable to the Landlord(s) for the obligations of the Tenant under this Agreement including, in particular, the obligation to pay rent.  Likewise, each joint Landlord is fully liable to the Tenant(s) for the obligations of the Landlord under this Agreement.
  • Landlord: includes any Joint Landlord (also see ‘Jointly and severally liable’ above).
  • Let Property: the property rented by the Tenant from the Landlord.
  • Letting Agent: works for the Landlord of a Let Property and offers a range of services from finding suitable Tenants, collecting rent, arranging repairs etc.
  • Neighbour: any person living in the neighbourhood
  • Neighbourhood: the local area of the Let Property
  • Overcrowding: A house is regarded as being overcrowded if it fails either of two tests – the room standard and/or the space standard (see definition of each test below).
  • Poinding: (Scots) confiscation of non-movable property
  • Private Residential Tenancy: a tenancy where the property is let to an individual as a separate dwelling; the Tenant occupies all or part of it as the Tenant’s only or principal home; and the tenancy is not one which is excluded under schedule 1 of the Act.
  • Registered Landlord: a person who is entered in the register prepared and maintained by the local authority for the purposes of Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004.
  • Rent: any sum payable periodically by the Tenant to the Landlord in connection with the tenancy (and includes, for the avoidance of doubt, any sums payable in respect of services, repairs, maintenance or insurance).
  • Rent-increase notice: the notice that a Landlord under a private residential tenancy must use when notifying a Tenant of a proposed rent increase.
  • Rent officer: an independent officer appointed by law who can decide how much rent is payable under a private residential tenancy.  He or she can also decide the amount that a Landlord can add when increasing the rent in a rent pressure zone to reflect any improvements made to a Let Property.
  • Rent Pressure Zone (RPZ): a defined area in which Scottish Ministers have put a cap on how much rents for existing Tenants can be increased by each year. Any cap set by Scottish Ministers will be at least consumer prices index (CPI) plus 1%, and can last for up to 5 years. Landlords with property within a rent pressure zone can apply to a rent officer for an additional amount of rent to reflect any improvements they have made to the Let Property.
  • Statutory terms: the terms which apply to every private residential tenancy.
  • Tenant: includes any joint Tenant or joint sub-Tenant (also see ‘Jointly and severally liable’ above)
  • The Tribunal: the First-tier Tribunal for Scotland Housing and Property Chamber, the body which deals with all civil disputes arising from a private residential tenancy.
  • The room standard: this is contravened when two people of opposite sexes, who are not living as husband and wife, have to sleep in the same room. This does not apply to children under 10. The rooms regarded as sleeping accommodation are defined as being ‘of a type normally used in the locality either as a bedroom or as a living room’.
  • The space standard: sets limits on the number of people who can occupy a house, relative to both the number and floor area of the rooms available as sleeping accommodation. For this purpose, children aged at least one but less than 10 count as half of a person, while children under the age of one do not count at all. Rooms of less than 50 square feet are not taken into account.

Declaring for the purposes of this Agreement that words in the singular include the plural, and where there are two or more persons included in the expression “the Tenant” the obligations and conditions to be met by “the Tenant”, including payment of the rent, apply to all such persons jointly and severally.

USEFUL CONTACTS AND LINKS

First-Tier Tribunal for Scotland (Housing and Property Chamber)
4th Floor
1 Atlantic Quay
45 Robertson Street
GLASGOW G2 8JB

Tel: 0141 302 5900

https://www.housingandpropertychamber.scot/home

Rent Service Scotland

2nd Floor Endeavour House
1 Greenmarket
Dundee DD1 4QB
Tel: 0300 244 7000

Email: rss.dundee@gov.scot

Scottish Landlord Register

To check on line if a landlord is registered.

www.landlordregistrationscotland.gov.uk/

 

Citizens Advice Scotland

Citizens Advice Bureau which can help with money, legal, consumer and other problems.

Tel: 0808 800 9060

www.cas.org.uk

Energy Saving Trust

Gives independent help and advice on how to save energy in the home.

Tel: 0800 512 012

www.energysavingtrust.org.uk/scotland

Office of the Gas and Electricity Markets (Ofgem)

Protects the interests of gas and electricity consumers.

Tel: 0141 331 2678

www.ofgem.gov.uk

 

Shelter Scotland

Offers advice, information and advocacy to tenants in privately rented housing.

Tel: 0808 800 4444

www.shelterscotland.org

Letting Protection Service Scotland

Tel: 0844 472 6666

www.lettingprotectionscotland.com

Safe Deposits Scotland

Tel: 0845 604 4345

www.safedepositsscotland.com

Mydeposits Scotland

Tel: 0845 634 5400

www.mydepositsscotland.co.uk

 

Gas Safe Register

Offers gas safety advice and can take action to ensure that gas appliances in a property are safe.

Tel: 0800 408 5500

www.gassaferegister.co.uk

Health and Safety Executive

Provides a range of health and safety advice.

www.hse.gov.uk/contact

Electrical Safety Council

UK charity that provides electricity safety advice for the home.

Tel: 0131 445 4690

www.esc.org.uk

 

Scottish Fire and Rescue Service

Fire safety advice

www.firescotland.gov.uk

 

Scottish Association of Landlords

Represents the interests of landlords and letting agencies in Scotland.

Tel: 0131 564 0100

www.scottishlandlords.com

Scottish Land and Estates

Represents the interests of rural landlords in Scotland.

Tel: 0131 653 5400

www.scottishlandandestates.co.uk

Landlord Accreditation Scotland

Provides information on accommodation which is managed by an accredited landlord.

Tel: 0131 553 2211

www.landlordaccreditationscotland.com

National Landlords Association

An association for private landlords in the UK.

Tel: 020 7840 8900

www.landlords.org.uk

Association of Residential Letting Agents

An association for registered letting agents.

Tel: 0844 387 0555

www.arla.co.uk

Relevant Legislation

Rent (Scotland) Act 1984 -clarification of illegal premiums.

Housing (Scotland) Act 1987 – landlord’s identity requirement; overcrowding and serious disrepair regulation.

Data Protection Act 1998 – tenant’s personal data to be held securely and only lawfully disclosed

Antisocial Behaviour etc (Scotland) Act 2004 – landlord registration regulation, anti-social behaviour.

Housing (Scotland) Act 2006 – Housing in Multiple Occupation regime; Tenancy Deposit Scheme regulatory framework; landlord’s right of access; Repairing Standard and right to adapt properties.

Equality Act 2010 – discrimination, including in relation to alterations.

Interpretation and Legislative Reform (Scotland) Act 2010  – timing of service of notices

Private Rented Housing (Scotland) Act 2011 – changed the registration of private landlords; amendments to the Housing in Multiple Occupation licensing regime; introduction of Overcrowding Statutory Notices.

The Tenancy Deposit Schemes (Scotland) Regulations 2011 – tenancy deposit schemes

Housing (Scotland) Act 2014 – introduced regulatory system for letting agents.

Private Housing (Tenancies) (Scotland) Act 2016 – established the private residential tenancy.

Regulations under the Private Housing (Tenancies) (Scotland) Act 2016:

The Private Housing (Tenancies) (Scotland) Act 2016 (Consequential Provisions) Regulations 2017

The Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017

The Private Residential Tenancies (Information for Tenants) (Scotland) Regulations 2017

The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017, S.S.I. 2017/297

The Private Residential Tenancies (Information for Determining Rents and Fees for Copies of Information) (Scotland) Regulations 2017, S.S.I. 2017/296

The Notice to Local Authorities (Scotland) Amendment Regulations 2017, S.S.I. 2017/295

The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 2 and Saving Provision) Regulations 2017, S.S.I. 2017/293

PLEASE NOTE these hyperlinks links to legislation.gov.uk may show the enactments as originally made, so may not always show amendments.