Subtenants and the Private Residential Tenancy

The position of subtenants under previous residential tenancy regimes was clear – a tenant could not provide any greater rights to the property than they themselves had been provided. The position however under the Private Residential Tenancy has potential for a significant departure and is worth exploring to avoid potential problems. What is subletting? Subletting …

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Is the Standard of Proof for Eviction too Low in the Scottish PRS?

Following an award of the first Wrongful Termination Order earlier this month, the Scottish Labour Party is calling on the government to increase protection for private tenants from unfair evictions. According to Labour, the recent case before the First-tier Tribunal in which the tenant was evicted on wrongful grounds, has exposed inadequate tenant’s protection under …

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Tenants Recognise Small Portfolio Landlords as High Quality Providers

Small-scale landlords with only one property or a small portfolio, are viewed as high quality providers in many tenants’ eyes, a new study has revealed. Rent Better, a three-year research programme on the impact of private rented sector tenancy reform in Scotland (namely the introduction of the new Private Residential Tenancy which replaced the Short …

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Attention! The Rules of Renting Are Changing

Renting in Scotland is changing. December 2017 heralds a new era which affects everybody who rents or lets a private residential property. Assured and short assured tenancies in Scotland (SATs) will soon become a thing of the past. As at 1st December 2017 a new tenancy regime, called the private residential tenancy (PRT), comes into …

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Ending the Tenancy 2

Under the new Private Residential Tenancy (PRT), the tenant is now able to give notice any time after the start date of the lease. The tenant must give the landlord minimum 28 days’ notice and in writing. If the landlord wishes to give notice, they must adhere to the new eviction orders for a legitimate …

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Rent Increases According to Private Residential Tenancy

From 1st December 2017 landlords and agents will be able to increase rents for tenants in private residential property no more than once every 12 months. Before they can do that though, they will have to serve a three month notice to their tenants, using a prescribed form. If the tenant believes the rent increase …

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