Assured Tenancies in Scotland - Your Rights and Responsibilities

A Guide for Private Landlords and Tenants

Part II of the Housing (Scotland) Act 1988, which takes effect from 2 January 1989 introduces a new form of tenancy, the assured tenancy, and from that date it will become the usual form of tenancy from a private landlord.

How to use this booklet The purpose of this booklet is to provide, in question and answer form, a guide to landlords and tenants of assured and short assured tenancies on their rights and responsibilities.

The booklet is divided into sections. The table of contents lists the sections and the matters dealt with in each section. The table is not exhaustive and gives only a general indication of the questions in each section.

A booklet of this kind cannot set out every detail of assured tenancies and therefore it attempts to cover the likely main concerns. The Housing (Scotland) Act 1988 as amended by the Housing Act 1988 sets out the law and only the courts can say exactly how it is to be interpreted. Consequently, this booklet is only a general guide to the law relating to assured tenancies. If you are uncertain about your own position, you should consult a solicitor. Help with all or part of the cost of legal advice may be available under legal aid legislation. A list of solicitors can be found in the Yellow Pages.

Your local Citizens Advice Bureau, Housing Advisory Centre or District Council Housing Department may also be able to provide information.

This booklet does not apply:

(a) to council tenants;

(b) to tenants living in the same house as the landlord (but see question 2(xi));

(c) to tenants of private landlords whose tenancies started before 2 January 1989;

(d) to tenants of registered housing associations whose tenancies started before 2 January 1989 (but see question 3).

Contents