the law | all your questions answered
In 1989 a new form of tenancy in Scotland came into effect, the assured tenancy. It is now the most common form of tenancy agreement with a private landlord. This guide was produced by the Scottish Executive and aims to provide the answers to most questions on the rights and responsibilities of both the landlord and the tenant.
It's divided into sections which are listed below. It's only a general guide so if you're uncertain about your own position you should consult a solicitor.
It does not apply to:
- council tenants
- tenants living in the same house as the landlord (but see question 2(xi))
- tenants of private landlords whose tenancies started before 2 January 1989
- tenants of registered housing associations whose tenancies started before 2 January 1989 (but see question 3)
Contents
| Part | Questions |
| Assured Tenancies | |
| What is and is not an assured tenancy? | 1-3 |
| Types of assured tenancy (including what is a short assured tenancy) | 4-6 |
| Terms of Tenancy | |
| Usual content of agreements and how they can be changed | 7-10 |
| Protection from Eviction | |
| Security of tenure for assured tenancies (including short assured tenancies) | 11-13 |
| What a landlord must do before repossessing a house | 14 |
| Illegal eviction | 15 |
| Notice to Quit | 16-23 |
| Note of Proceedings | 24-27 |
| Landlord's grounds for possession | 28-31 |
| Successor to a tenancy | 32-33 |
| Sub-letting | 34-35 |
| Rent for an assured tenancy | 36-39 |
| Rent payments and rent books | 40-43 |
| Changing the rent | 44-47 |
| How to apply to the Rent Assessment Committee | 48 |
| Special right of a tenant of a short assured tenancy to apply to a Rent Assessment Committee | 49 |
| Rent Assessment Committee procedures | 50-59 |
| Help with paying rent | 60 |
| Responsibility for repairs | 61-64 |
| Repairs not done | 65 |
| Help with the cost of repairs and improvements | 66 |
| Rent changes after repairs | 67 |
| Landlord's identity | 68-70 |
| Illegal premiums ('key money') | 71 |
| Payments for furniture, fixtures and fittings | 72-75 |
| Rent in advance | 76 |
| Gas and electricity charges | 77-78 |
| Landlord's access | 79 |
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