Assured tenancies

This section discusses assured tenancies. These were created by the Housing (Scotland) Act 1988.  From 1st December 2017 no new assured tenancies can be created. Tenants may have an assured tenancy if their tenancy began before this date and they have not taken steps to convert it to a private residential tenancy.

What is an assured tenancy?

The Housing (Scotland) Act 1988 provides the definition of an assured tenancy. 

Contractual or statutory tenancy

Assured tenancies can be split into two types, contractual and statutory. 

Tenancies that cannot be assured

Even where a tenancy satisfies all the positive requirements, there are circumstances where it may not be assured. 

The landlord wants possession

There are specific steps that a landlord must take to bring an assured tenancy to an end. 

The tenant wants to leave

It is quite common for tenancy contracts to allow the tenant to give up the tenancy before the full contract term. 

Tenancy ceases to be assured

One of the requirements for the existence of an assured tenancy is that the tenant occupies the accommodation as her/his only or principal home. 

Repossession process

A landlord must take certain steps if intending to seek possession of a property let on an assured tenancy. 

Assignation

Assignation is the legal process whereby one tenant passes the tenancy on to another. 

Succession

Succession is the legal process whereby property is passed automatically by law from one person to another on the death of the first person. 

Short assured tenancy

Short assured tenancies operate similarly to assured tenancies, but offer far less security of tenure. 

Change of landlord

This section looks at an assured tenant's rights when the ownership of the property they occupy changes hands.