After months of waiting the new regime for Private Residential Tenancies begins on 1st December 2017. The primary legislation has been in place for some time, but on 18th October 2017 the Scottish Government released the Model Private Residential Tenancy Agreement. They have also issued “easy read” guidance notes which run to 48 pages.
The Model Agreement is not compulsory, but if you depart from the Model there are a number of mandatory clauses which must be included in any bespoke Agreement. You also have an obligation to provide supporting notes which give guidance on the mandatory clauses. Links to all documents are set out below.
http://www.gov.scot/Publications/2017/10/3669/downloads
‘Easy Read Notes for the Scottish Government Model Private Residential Tenancy Agreement’
‘Private Residential Tenancy Statutory Terms Supporting Notes’
Credit is due to the Scottish Government for the time and effort they have invested in setting up the new regime but landlords have just over a month to prepare for the changes. Remember, existing Assured and Short Assured Tenancies will continue under the old regime, so don’t panic. Only tenancies created on or after 1st December 2017 are covered by the new rules and regulations.
If you need help or guidance to prepare for the new regime, please contact Ken Caldwell on kenc@patten.co.uk to arrange a meeting.
