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The new private residential tenancy

On 1 December 2017 a new type of tenancy will come into force, called the private residential tenancy, this will replace assured and short assured tenancy agreements for all new tenancies.  


What is the private residential tenancy?

Any tenancy that starts on or after 1 December 2017 will be a private residential tenancy. This new tenancy will replace the assured and short assured tenancy and will bring in changes and improvements to the private rented sector, including: 

No more fixed terms - private residential tenancies will be open-ended, meaning your landlord can't ask you to leave just because you've been in the property for 6 months as they can with a short assured tenancy.

Rent increases - your rent can only be increased once every 12 months and if you think the proposed increase is unfair you can refer it to a rent officer.

Longer notice period - if you've lived in a property for longer than 6 months your landlord will have to give you at least 84 days notice to leave (unless you've broken a term in the tenancy agreement).

Simpler notices - the notice to quit process will be scrapped and replaced by a simpler notice to leave process.

Model tenancy agreement - the Scottish Government will publish a model private residential tenancy that can be used by landlords to set up a tenancy.

I'm an assured/short assured tenant, what will happen to my current tenancy?

 If you are currently renting and are an assured or short assured tenant, on 1 December 2017, your tenancy will continue as normal until you or your landlord bring it to an end following the correct procedure. If your landlord then offers you a new tenancy this will be a private residential tenancy.