A New Tenancy Regime for Scotland - Shelter Scotland's Consultation Response

In drafting this response to the Consultation on Proposals for Regulations and Policy Supporting the Private Housing (Tenancies) (Scotland) Act 2016, Shelter Scotland consulted our support service advisers, law service and private sector tenants, who are members of our Private Tenants’ Forum.

The prescribed notices have mostly minor issues, yet some notices are particularly difficult to understand and need to be amended in order to make them fit for purpose.

It is highly regrettable that the Recommended Model Tenancy Agreement will not be mandatory. As such, it is even more important that the number of statutory terms, which all tenancy agreements must include, is expanded to other vital information. However, if this information is not included in the tenancy agreement, the tenant and landlord are much less likely to know about their legal rights and duties and to act accordingly.

Moreover, Shelter Scotland is particularly worried by the wording of several terms and terms, which put an undue burden on the tenant to cover the costs and fees incurred by landlords. This is likely to affect vulnerable tenants, who are in desperate need of the additional support that this new tenancy regime is intended to provide. Several other terms of the Recommended Model Tenancy Agreement should be revised in order to ensure that tenants and landlords get the most out of the tenancy – including allowing tenants to make the let property feel like their home.

While electronic communication is a vital aspect of the relationship between tenants, landlords and letting agents, Shelter Scotland is of the opinion that serving prescribed notices using electronic communication should not be allowed.