Landlord And Tenant

Question 1

1991 Act Rent Review Process

Question 2

Short Assured Tenancy and Assured Tenancy: Introduced and Replaced Dates

Answer 2

2nd January 1989 to 1st December 2017

Question 3

Assured Tenancy Fixed Term and length of tenancy

Answer 3

No minimum fixed term (normally 6 or 12 months).

No valid notice from landlord or tenant then the lease is automatically renewed.

This can be written into the lease, such as 6months then renewed monthly.

If not within the lease the agreement is renewed for the same amount of time as the initial fixed term.

Can only be renewed for up to 1 year at a time.

Question 4

What document must be served for a Short Assured Tenancy before the tenancy starts. What happens if this was not served?

Answer 4

An AT 5 fort must be served to the tenant before the tenancy starts.

If this is not served or it is not valid then the tenancy will be an Assured Tenancy.

Question 5

What legislation introduced SATs and ATs?

Answer 5

The housing (Scotland) Act 1988

Question 6

Landlord Responsibilities under SAT and AT

Answer 6

Provide a tenancy agreement

Protecting your deposit

Do repairs and keep the house safe

Give notice for access - 24 hours notice in writing

Give notice of a rent increase

Question 7

Tenancy deposit requirements for landlords - SAT and AT

Answer 7

• up to two months rent
• pay into a tenancy deposit protection scheme
• send the tenant of the details within 30 working days of the tenancy starting.
  -Details include - when the deposit was paid into deposit scheme, date received, how much was received.

Safe deposit Scotland
My deposit Scotland

Question 8

SAT and AT - What must be included in a tenancy agreement

Answer 8

• rent review terms
• permissions to decorate, have pets
• assignation permissions
• ability to leave before the end of the fixed term

Question 9

Rent Review notice for SAT and AT

Answer 9

Short Assured Tenancies:

Landlord can increase the rent when they review the tenancy agreement at the end of the fixed term.

Cannot increase the rent during the fixed term.

Assured tenancy:

Rent cannot be changed during fixed term unless tenant agrees or it is in the tenancy agreement.

After any fixed term - Rental increase:

• 1 rental period worth of notice before the rent increase takes affect.
• Landlord gives written notice of proposed increase on an AT2 form. (Can only be done once a year).
• Landlord gives tenant a written notice to change terms of the tenancy, including rent charged. AT1 (L) form - only after servicing tenant with a notice to quit.

Question 10

Who deals with SAT and AT rental challenges?

Answer 10

Housing and property Chamber.

Question 11

Short Assured Tenancy fixed term and length of tenancy

Answer 11

Fixed term - minimum of 6moths

Tenancy automatically renews under tacit relocation. If no valid notice served by tenant or landlord.

Tenancy agreement may state length of renewal - 6 months then every month thereafter.

If not stated then same amount of time as initial fixed term.

Can only be renewed for up to 1 year at a time.

Question 12

SAT - Tenant wants to move out process

Answer 12

Landlord notice in writing - tenancy agreement may state notice period if not at least 40 days required.

Will be required to keep paying rent until tenancy ends.

Question 13

AT - Tenant wants to move out process

Question 14

SAT - Landlord wants tenant to leave process

Question 15

AT - Landlord wants tenant to leave process