Assured Tenancies in Scotland - Your Rights and Responsibilities
PART 2: TERMS OF TENANCY AGREEMENTS?
7. Must there be a formal tenancy agreement between tenant and landlord?
Yes. The landlord must:
a. draw up a written document setting out the terms of the assured or short assured tenancy;
b. give a copy of the document to the tenant; properly executed by the tenant and himself (for example, signed before a witness);
c. not charge the tenant anything for the document. A tenant who does not have a written document or who believes his written document does not fairly reflect the terms of his tenancy can apply to the sheriff to have a document drawn up or to have the existing one adjusted.
8. What matters should be covered in the tenancy agreement?
That is a matter for tenant and landlord to agree upon
(1) but it should at least cover:
a. the length of the tenancy;
b. the rent, and when and how it is to be paid and how any rent increases are calculated or otherwise decided on;
c. who is responsible for internal decoration and internal and external repairs and maintenance; and
d. any condition or restriction on the use of the property; and
(2) it cannot take away certain minimum rights and responsibilities for both landlord and tenant.
9. Can the terms of the tenancy agreement be changed during the period of the tenancy?
Yes, but the landlord and tenant must agree and this may mean that a new tenancy begins. Either the tenant or landlord may, if he is unhappy with the other's proposals and cannot come to an agreement with him, on something acceptable to both of them, refer the notice to a rent assessment committee. An application to the rent assessment committee must be made within 3 months of the notice AT I being served. If no application is made, the proposed new terms will automatically take effect. If the matter is referred to the rent assessment committee, they will decide whether the proposed new terms or some other terms should apply. The terms decided by the rent assessment committee will then become the terms of the tenancy unless the tenant and the landlord finally agree - even at this stage - on something different. Any agreed variation to the terms decided by the rent assessment committee should be recorded in writing, as for a contractual assured tenancy.
10. What if either the tenant or landlord does not wish to accept the new terms being proposed by the other at or after the end of a contractual assured tenancy?
At the end of a contractual assured tenancy (that is after a notice to quit has been issued) either the tenant or landlord may propose new tenancy terms and a new rent to apply to the statutory assured tenancy which will then begin. If a tenant wants to do this he must serve upon the landlord a notice AT I (T) within one year of the end of the contractual assured tenancy. If it is the landlord who wishes to propose new terms for the statutory assured tenancy, he must serve a Notice AT 1 (L) on the tenant within the same one year period.