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.
The Housing (Scotland) Act 1988 provides the definition of an assured tenancy.
Assured tenancies can be split into two types, contractual and statutory.
Even where a tenancy satisfies all the positive requirements, there are circumstances where it may not be assured.
There are specific steps that a landlord must take to bring an assured tenancy to an end.
It is quite common for tenancy contracts to allow the tenant to give up the tenancy before the full contract term.
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.
A landlord must take certain steps if intending to seek possession of a property let on an assured tenancy.
Assignation is the legal process whereby one tenant passes the tenancy on to another.
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 tenancies operate similarly to assured tenancies, but offer far less security of tenure.
This section looks at an assured tenant's rights when the ownership of the property they occupy changes hands.
Last updated: 4 December 2017
- Act of Sederunt (Summary Cause Rules) 2002
- Legislation.gov.uk - The Assured Tenancies (Exceptions) (Scotland) Amendment Regulations 1993
- The Assured Tenancies (Notices to Quit Prescribed Information) (Scotland) Regulations 1988
- Legislation.gov.uk - The Assured Tenancies (Tenancies at a Low Rent) (Scotland) Order 1988
- Housing (Scotland) Act 1988
- Housing (Scotland) Act 2001
- The Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017
- Housing (Scotland) Act 2006
- Civil Partnership Act 2004