Statutory tenancy terms in a private residential tenancy

There are a number of tenancy terms applicable to every private residential tenancy and these are laid down in statute.

This content applies to Scotland

Statutory terms

The terms applicable to every private residential tenancy are contained in Schedule 1 of the Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017/408 Scottish SI [1]

These are explained in more detail below.

Rent receipts

When rent is paid in cash a written receipt must be provided stating the amount paid and either the amount outstanding or confirmation that there are no arrears.

Rent increases

The rent may only be increased in line with the process set out in the act. See the section on Rent increases for more information on this.

Subletting, lodgers, and assignation

The tenant cannot sublet, take in a lodger or assign the tenancy without the written agreement of the landlord.

Notification about other residents

The tenant must inform the landlord, in writing, if anyone aged 16 or over moves into the property as their only or principal home and must provide the landlord with that person’s name and their relationship to the tenant. The tenant must also inform the landlord if that person moves out.

Access for repairs

The tenant must allow reasonable access for repairs, inspections, or valuations where:

  • The landlord has given at least 48 hours’ notice, or

  • Access is required urgently for one of these reasons.

Where the landlord is prevented by the tenant from accessing the property to view or carry out works in relation to the repairing standard s/he may make an application to the First Tier Tribunal Housing and Property Chamber who may make an order allowing them access. [2]

The tenant must also allow reasonable use of the facilities in the property in connection with any access.

Termination

The tenancy may only be brought to an end in accordance with Part 5 of the Act. This means in essence that the tenancy can only be ended either by consent or by an eviction order being granted.

Right to written tenancy terms

The tenant has a right to be provided with a written agreement which sets out the terms of the tenancy: [3]

  • For new tenancies this should be provided by the end of first day of the tenancy

  • For tenancies which have converted from an older tenancy type, within 28 days of the start of the tenancy.

The tenant also has the right to be provided with ‘specified information’, at present this relates to:

  • Statutory tenancy terms

  • Electrical or Gas Safety certificates (if applicable)

  • An Energy Performance Certificate (if requested by a new or prospective tenant). [4]

Any written agreement can add terms or supplement the statutory terms but cannot remove them.

Where the landlord has used the Scottish Government’s Model Tenancy Agreement, this must be accompanied by a copy of the Easy Read Notes.

Where the landlord has not used the model tenancy agreement the tenant must be provided with Supporting Notes.

The tenant cannot be charged for being provided with this information. [5]

Right to apply to First Tier Tribunal

Where the landlord fails to provide a written agreement of the terms of the tenancy or where the terms are unlawful the tenant can make an application to the First Tier Tribunal Housing and Property Chamber. The application must be made during the tenancy. [6] The tenant must give the landlord 28 days written notice [7] that they intend to make an application the tribunal using the form as prescribed in Schedule 1 of The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017.

Clients can complete this form online on the Scottish Goverment website - Tell your landlord you want to go to the Tribunal.

The tenant cannot make an application until the expiry of the 28 day period. (i.e. the day after the last of the 28 days)  There is an assumption that any notice sent by recorded delivery may take up to 48 hours to be received.

If this does not resolve the problem the tenant can then apply to the Tribunal using Form D 'Application by a tenant or landlord relating to tenancy terms'. [8]

If the landlord still fails to provide the information requested the tribunal will proceed. The tribunal may draw up terms and/or sanction the landlord to pay the tenant: [9]

  • Where the landlord has failed to provide either written terms or has failed to provide something required under ‘specified information’ then the sanction may be up to 3 times the monthly rental amount

  • Where the landlord has failed to provide both written terms and has failed to provide something required under ‘specified information’ then the sanction may be up to 6 times the monthly rental amount

Last updated: 3 December 2020

Footnotes

  • [1]

    Sch. 2 para. 1 Private Housing (Tenancies) (Scotland) Act 2016

  • [2]

    s.28A Housing (Scotland) Act 2006

  • [3]

    s.10 Private Housing (Tenancies) (Scotland) Act 2016

  • [4]

    reg.5 The Energy Performance of Buildings (Scotland) Regulations 2008 - SSI 2008/30

  • [5]

    s.13 Private Housing (Tenancies) (Scotland) Act 2016

  • [6]

    s.14(1) Private Housing (Tenancies) (Scotland) Act 2016

  • [7]

    s.17 Private Housing (Tenancies) (Scotland) Act 2016

  • [8]

    Sch.1 reg.2 The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017 - SSI 2017/297

  • [9]

    ss.14 and 15 Private Housing (Tenancies) (Scotland) Act 2016