The Private Housing (Tenancies) (Scotland) Act 2016 creates a new private residential tenancy for all future lets in the private rented sector. From 1st December 2017 onwards all new tenancies will be a 'private residential tenancy'. The new tenancy will replace Short Assured and Assured Tenancies and will be much clearer and simpler to use.

The purpose of the private residential tenancy is to improve security for tenants and provide safeguards for landlords, lenders and investors.

The new tenancy will be open-ended and will last until a tenant wishes to leave the property or a landlord uses one (or more) of 18 grounds for eviction.

Improvements for landlords include:

  • No more confusing pre-tenancy notices, such as the AT5;

  • Where a tenant is in rent arrears, a landlord can refer a case for repossession more quickly;

  • A Scottish Government recommended 'model tenancy agreement', which will include standardised tenancy terms;

  • One simple notice when regaining possession of a property called a 'notice to leave' - this will replace the current 'notice to quit' and 'notice of proceedings';

  • Eighteen modernised grounds for repossession, which include new grounds where the property has been abandoned or the landlord intends to sell.

The Scottish Government website provides further information about the new private residential tenancy, including: