Private Residential Tenancy

Can a landlord put a fixed term or end date on a private residential tenancy?

No. Private Residential Tenancies are open-ended, with no fixed-term period and no end date. Landlords are no longer able to regain possession of their property because a fixed term has ended – instead they have to use 18 new grounds for repossession.

If a landlord has put something in a tenancy agreement that contradicts what the law says about private residential tenancies, a tenant can take a case to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Can a landlord increase the rent at any time during a private residential tenancy?

A landlord will only be able to increase a tenant’s rent once in a 12 month period, and must give the tenant at least three months’ advance notice ahead of the increase.

If a tenant believes an increase is unreasonable, they can refer it to a rent officer for rent adjudication. The referral to the rent officer must be done within 21 days of receiving the rent increase notice.

What is the First-tier Tribunal for Scotland (Housing and Property Chamber)?

The Housing and Property Chamber of the First-tier Tribunal for Scotland is there to help tenants and landlords.

Tenants

A tenant can apply to the Housing and Property Chamber if their home doesn’t reach the repairing standard. Former tenants will be able to apply to the Tribunal if they consider that their tenancy has been terminated unlawfully.

Landlords

Landlords will be able to apply to the Tribunal for eviction and repossession orders where they consider that they have ground(s) for eviction.

Both tenants and landlords can make applications to the Tribunal where the terms of a private residential tenancy are not being met, or where there is disagreement with the rent that has been set for the property by the Rent Officer.

The Tribunal also deals with letting agent disputes.

What happens if a tenant is still on an old Short Assured Tenancy?

Any short assured or assured tenancy which existed before 1^st December 2017 will continue until either the tenant or landlord brings it to an end.

It is possible under the Private Housing (Tenancies) (Scotland) Act 2016 for a tenant to agree with their landlord or letting agent that their tenancy will convert to a private residential tenancy, however there is no requirement for a landlord or letting agent to agree to this.

What notice does a landlord/tenant have to give to end a private residential tenancy?

Landlord Notice

If a landlord wants to end a private residential tenancy, then there are different periods of notice depending on how long a tenant has been living at the property and what ground is being used:

• If the tenant has lived in the property for 6 months or less, then the notice period is 28 days, regardless of the repossession ground used.
• If the tenant has lived in the property for longer than 6 months and the landlord is not using a conduct ground, then the notice period is 84 days.
• If the tenant has lived in the property for more than 6 months, and the landlord is using one of the six conduct grounds the notice period is 28 days.

The notice period starts from the day the tenant receives the notice; this is assumed to be 48 hours after the landlord has sent it. The landlord will not be able to make an application to the tribunal until the day after the notice period expires.

Tenant Notice

If a tenant wants to end the tenancy, they must give the landlord 28 days’ notice in writing. The notice has to state the day on which the tenancy is to end, normally the day after the notice period has expired.

A tenant can agree a different notice period, after the start of the tenancy, with their landlord as long as it is in writing. If a landlord inserts a longer notice period into a tenancy agreement before the tenant starts living in the let property, the notice period will be invalid and the 28 day notice period will apply.

If a tenancy started before 1^st December 2017 it is probably an assured or short assured tenancy instead of a private residential tenancy. These have different notice periods.

I live in a student halls of residence – do I have a private residential tenancy?

Purpose Built Student Accommodation (PBSA) is exempt from the private residential tenancy as it is a niche market and similar in character to the accommodation that colleges and universities provide, which was always exempt from the legislation that provided the previous tenancy regime.

If you live in such accommodation then you are likely to have a common law tenancy and different rules will apply.

What happens if a landlord gives a tenant a Short Assured Tenancy after 1^st December 2017?

If a landlord rents out a property to a person after 1^st December 2017 then, irrespective of the tenancy and terms offered by the landlord, it will be a private residential tenancy (unless it is one of the tenancies which are excluded). This would mean the tenant will have the rights that flow from the private residential tenancy, even if their tenancy agreement says something different.

Where can I find out more information on my rights?

The Scottish Government’s website has lots of information, including a guide for tenants and a guide for landlords. Or you can visit the New House Rules website.