From the 1st May 2013 private landlords in Scotland will be required to issue Tenant Information Packs following their introduction in the Private Rented Housing (Scotland) Act 2011.
The Tenant Information Pack itself is essentially a tenant’s guide to private sector tenancies in Scotland, and will include information on a number of topics including:
- types of tenancies
- grounds for repossession
- gas safety
- landlord registration
- HMO licensing
Landlords will be required to provide the Tenant Information Pack no later than the date on which the tenancy starts and in particular, must provide tenants with the following documents:
- a copy of the tenancy agreement
- a copy of the AT5 (where the tenancy is a Short Assured)
- a copy of the relevant gas safety certificate, where applicable
- a Tenant Information Pack
The Pack also includes information regarding the Repairing Standard which is similar to what landlords currently provide to tenants in the form of a Repairing Standard letter. There will no longer a requirement to issue a separate Repairing Standard letter to tenants.
The standard documentation can be provided separately or in one bundle and there is also provision for the documents to be provided to the tenant electronically as long as the tenant gives consent to electronic communication and provides an email address. In this instance the landlord must request that the tenant acknowledge receipt of the Pack by return email.
Landlords should however be careful when issuing the AT5 as part of the standard documentation as the AT5 must be given to the tenant prior to the signing of the tenancy agreement. As landlords are not able to provide the AT5 electronically, you should therefore continue to ensure that the AT5 is either served on the tenant personally, left at their last known address or sent by recorded delivery prior to or on the start date of the tenancy agreement and certainly prior to the signing of the tenancy agreement itself.
This blog has been provided by Fiona Greer at TC Young Solicitors. If you have a query regarding your obligations contact Fiona on 0131 220 7660 or firstname.lastname@example.org
Follow the TC Young blog at www.tcyoung.co.uk/blog or on Twitter