Before starting a tenancy you should have read and/or completed the following:
- Housing (Scotland) Act 2006
- Be a registered landlord (apply online or contact Housing Strategy team for an application form)
If there is a gas supply within the rental property you must have this checked annually and provide your tenant with a current Gas Safety certificate.
You must also provide a copy of the Private Rented Housing Panel information leaflet - tenancy issue advice.
There are a number of legal documents required when both starting and ending a short assured tenancy.
Starting a tenancy
- AT5 form - Notice under Section 32 to be served on a prospective tenant of a short assured tenancy.
- AT5 guidance notes - notes for landlords to be read with notice AT5. These are for guidance only and are not a definitive interpretation of the law.
- Short Assured Tenancy agreement (SAT) - the model Short Assured Tenancy Agreement LW1 can only be used for private sector tenancies which began on or after 2 January 1989. It should not be used by resident landlords i.e. where landlords and tenants reside in the same accommodation. It is designed to create a short assured tenancy which guarantees a landlord recovery of possession at the end of the tenancy subject to the correct formalities being met to establish and terminate the tenancy. By law, tenants must be provided with a Tenancy Agreement and this must be supplied free of charge.
- SAT guidance notes - guidance notes for use with a short assured tenancy agreement.
- Key agreement - agreement for the retention (and possible use) of keys by Landlord.
Ending a tenancy
- Notice to quit - asample of the notice which must be served in conjunction with a Section 33 Notice (for Short Assured tenancies only) and an AT6 (for Assured and Short Assured Tenancies).
- Section 33 Notice - notice under Section 33 of landlord's requirement to possession of property at termination of short assured tenancy. To be served in conjunction with form AT6 and Notice to Quit.
You are no longer required to issue your tenant with an AT6 Notice before serving a Notice to quit.
Section 11 notice
Landlords and creditors are required to notify us when they raise proceedings for possession in a court. This allows us to be aware of households at risk of homelessness. We have a statutory duty to people who are homeless or threatened with homelessness and early notice of potential homelessness allows us to respond on an individual basis. Contact Homelessness Services for a copy of the Section 11 notice and advice on what to do next.
Find out more
More information on any of the above topics can be requested by contacting the Housing Strategy team.