North Lanarkshire Housing Advocacy Project Security of Tenure Private Rented Sector

Essential Elements of a Lease Parties Subjects Rent Duration If these elements are present then a tenancy will exist even if there is no written agreement

Tenants have protection from eviction without due process of law as afforded by The Housing (Scotland) Act 1988 and the Rent (Scotland) Act Any attempt by a landlord to force a tenant to leave the property without obtaining a court order will result in them committing a criminal offence. A tenant may also be able to pursue a civil action against the landlord for damages.

A landlord must not change the locks or withdraw services in attempt to make the tenant leave A landlord must not harass or intimidate a tenant Any action taken by the landlord or others acting on his/her behalf in attempt to make the tenant leave will be considered an illegal eviction

Tacit Relocation After the initial fixed period the tenancy automatically repeats unless a valid Notice to Quit has been served Tenancy continues on the same terms and conditions

Short Assured Tenancy A Short Assured Tenancy can be ended at the end of the fixed term for no reason as long as the correct procedures are followed. Notice to Quit Section 33 Notice AT6 Notice is not required

Notice to Quit Minimum of 40 days notice Must coincide with the ish date of the tenancy Must contain the specified information as required by law Ends the contractual tenancy

Section 33 Notice A Section 33 Notice is the special notice used to end a Short Assured Tenancy at the end of the fixed term Tacit relocation must not be in operation 2 months notice is required Can be served at anytime after the contractual tenancy has been ended

A landlord can only end a Short Assured Tenancy during the contractual period if the tenancy agreement provides for this Procedures used to end an Assured Tenancy should be followed

Assured Tenancies Can only be ended if there are valid grounds as per schedule 5 of the Housing (Scotland) Act 1988 Notice to Quit AT6 Notice

Notice of the landlord’s intention to raise court proceedings 2 weeks or 2 months notice depending on what ground is used Must state which grounds are being used Valid for 6 months

Grounds for Possession Grounds 1-8 are mandatory where the Sheriff has no discretion Grounds 9-17 are discretionary and the Sheriff will decide whether it is reasonable to grant a decree

Ending the Tenancy Without a Court Order Mutual consent Death of a tenant Assignation

Information and Advice for Landlords Citizen Advice Bureau Landlord Accreditation Scotland Scottish Association of Landlords