Private Residential Tenancy Agreement (Scotland) - Form Pro · UK-law
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The parties/signatories to this agreement are advised that signature of this document will have legal consequences. Where either party is unsure or does not understand the legal obligations and responsibilities placed upon them under this agreement, they are advised to seek independent legal advice before signing.
PRIVATE RESIDENTIAL TENANCY AGREEMENT
for the Private Rented Sector in Scotland
This Agreement is made in accordance with the Private Housing (Tenancies) (Scotland) Act 2016 and incorporates the statutory terms applicable to a private residential tenancy.
1. PARTIES
1.1. Landlord:
________ whose registered office (or, if an individual, whose address) is at:
________
Company registration number (if applicable): ________
Landlord registration number: ________
(hereafter "the Landlord")
1.2. Letting agent (if any):
________ of ________
Letting agent registration number: ________
1.3. Tenant:
________ of
________
(hereafter "the Tenant")
The parties have agreed and do hereby agree as follows:
2. DEFINITIONS AND INTERPRETATION
2.1. Definitions:
2.1.a. "the Act" means the Private Housing (Tenancies) (Scotland) Act 2016;
2.1.b. "assignation" means where a Tenant transfers his or her property rights under this Agreement to another person, subject to having obtained the prior written permission of the Landlord;
2.1.c. "common parts" means the common areas and parts of the Premises, rights of access and any other common facilities within or used in connection with the Premises, including the structure and exterior of the building of which the Premises forms part, which may or may not be owned by the Landlord;
2.1.d. "data protection laws" means all laws, statutes, legislation, orders, regulations and other rules applicable to the processing of personal data to which a party to this Agreement is subject, including the UK General Data Protection Regulation and the Data Protection Act 2018 and any modification thereof;
2.1.e. "eviction ground" means the grounds stated in schedule 3 of the Act;
2.1.f. "eviction order" means an order that brings this Agreement to an end on a specified date issued by the First-tier Tribunal for Scotland Housing and Property Chamber ("the Tribunal");
2.1.g. "Guarantor" means a third party, requested by the Landlord, who shall meet any obligation and pay any rent in arrears where the Tenant fails to do so;
2.1.h. "House in Multiple Occupation" means a property occupied by three or more adults aged 16 or over, who are from different families and for whom the property is their main or only place of residence, being a house, premises or group of premises with shared amenities as set out in section 125 of the Housing (Scotland) Act 2006;
2.1.i. "jointly and severally liable" means that, where there is more than one Tenant, each Tenant shall be fully and jointly liable for the obligations of all other Tenants under this Agreement and, where there is more than one Landlord, each Landlord shall be fully liable for the obligations of the other Landlord(s) to the Tenants under this Agreement;
2.1.j. "the Landlord" means the Landlord as set out in this Agreement, including any Joint Landlord, and any and all persons deriving title from the Landlord;
2.1.k. "letting agent" means any person or agency assigned by the Landlord to provide services for the Tenants and the management of the property let under this Agreement;
2.1.l. "overcrowding" means where the Premises fails either The Room Standard or The Space Standard tests as set out below;
2.1.m. "rent" means the amount payable by the Tenant to the Landlord as set out under this Agreement, including any sums due in relation to any insurance, repairs, maintenance or services;
2.1.n. "rent-increase notice" means the prescribed notice that must be used by a Landlord to notify a Tenant of an intended rent increase under a private residential tenancy;
2.1.o. "a rent officer" means an officer appointed independently by law to decide the amount of rent payable under a private residential tenancy, including the amount by which the Landlord may increase the rent;
2.1.p. "rent pressure zone" means any area designated by the Scottish Ministers in which a cap is imposed on the amount by which rent may be increased annually for existing Tenants;
2.1.q. "statutory terms" means the terms applicable to all private residential tenancies under the Act;
2.1.r. "the Tenant" means the Tenant as set out under this Agreement and its permitted assignees or sub-tenants and, in the case of an individual, shall include his or her personal representatives and any Joint Tenant or joint sub-tenant;
2.1.s. "the Tribunal" means the body responsible for dealing with disputes arising from this Agreement, namely the First-tier Tribunal for Scotland Housing and Property Chamber;
2.1.t. "the Room Standard" means the standard applicable to test overcrowding, which is breached where two persons of opposite sexes, who are not living together as a couple, have to sleep in the same room; rooms normally used as a living room or bedroom shall be regarded as sleeping accommodation; this test does not apply to persons under ten years of age; and
2.1.u. "the Space Standard" means the standard which limits the number of persons who may occupy a house, taking into account the number and floor area of rooms available as sleeping accommodation. A room of less than fifty square feet shall not be taken into account. A child aged one or over but under ten counts as half a person, and a child under one shall not be taken into account.
2.2. Interpretation:
2.2.a. Words importing the neuter gender include the masculine and feminine genders; words importing the masculine gender include the feminine gender and vice versa.
2.2.b. Words importing the singular include the plural and vice versa; where two or more persons are included in the expression "the Tenant", the obligations of the Tenant under this Agreement shall be binding jointly and severally on them and their respective representatives and executors.
2.2.c. Words importing persons, where that person is not a Tenant, include companies and vice versa.
2.2.d. Reference to any enactment includes any modification, re-enactment, amendment or extension thereof for the time being in force and includes all orders, plans, regulations, directions, permissions, bye-laws and instruments for the time being made, issued or given thereunder or deriving validity therefrom.
2.2.e. Any obligation on the Tenant not to do an act or thing includes an obligation not to permit such act or thing to be done and to take reasonable steps to prevent such act or thing being done by a third party.
2.2.f. Nothing in this Agreement shall override or contract out of the statutory terms implied into a private residential tenancy by the Act or by The Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017, and where any term of this Agreement is inconsistent with those statutory terms, the statutory terms shall prevail.
3. COMMUNICATION
3.1. All communications required to be made under this Agreement and the Act, including any notices to be served by one party on the other, shall be made in writing by:
3.1.a. hard copy delivered by personal delivery or recorded delivery post to the relevant addresses set out in this Agreement; or
3.1.b. email using the email addresses provided by the parties on or before the start date of the tenancy, namely the Landlord at ________ and the Tenant at ________.
3.2. The parties shall inform each other as soon as reasonably possible of any new email or postal address to be used in place of that included in this Agreement, to ensure all notices can be received promptly.
3.3. A document or notice sent by email shall be deemed delivered forty-eight hours after being sent, unless the recipient provides evidence that it was received later. The forty-eight hour delivery period must be included within any applicable notice period.
3.4. A document or notice sent by post or recorded delivery post shall be deemed delivered forty-eight hours after being sent, unless the recipient provides evidence that it was received later. The forty-eight hour delivery period must be included within any applicable notice period.
4. THE PREMISES
4.1. The Premises let are at:
________
4.2. The Premises is a: ________.
4.3. The tenancy includes all the fixtures, fittings, carpets, curtains and other effects listed in the Inventory and Record of Condition annexed as Schedule 1.
4.4. The Premises is/is not located in a rent pressure zone: ________.
4.5. The Premises is/is not a House in Multiple Occupation: ________.
5. START DATE OF TENANCY
The start date of this Private Residential Tenancy shall be: ________.
6. USE AND OCCUPATION OF THE PREMISES
6.1. The Tenant agrees to occupy the Premises as their only or principal home.
6.2. The Tenant shall not carry out any business, profession or trade from the Premises without the prior written permission of the Landlord, such permission not to be unreasonably withheld.
6.3. Where the Tenant is to be absent from the Premises for a period exceeding fourteen days, the Tenant shall notify the Landlord and take all reasonable steps to ensure the Premises is secure and safeguarded from frost, flooding or other events which may cause damage and can reasonably be prevented.
7. RENT
7.1. The rent shall be payable by the Tenant to the Landlord monthly. The amount payable is \u00a3________ (________).
7.2. The rent payable is exclusive of all charges for the supply of gas, electricity, water and any other fuel, energy or service supplied to the Premises, save as otherwise expressly stated in this Agreement.
7.3. Throughout the term of this Agreement, rent payments must be received on or before the ________ day of each month.
7.4. The standard and preferred method of payment shall be: ________. Rent may be paid by another method in reasonable circumstances where agreed with the Landlord prior to payment being made.
7.5. Where any payment of rent is made in cash, the Landlord shall provide the Tenant with a receipt stating the amount paid and the amount (if any) still outstanding.
8. TENANCY DEPOSIT
8.1. The Tenant shall pay a deposit of \u00a3________ (________) to the Landlord on or before ________. The deposit shall not exceed two months' rent and shall be returned subject to any lawful deductions. The Tenant shall be provided with a receipt for the deposit.
8.2. In accordance with the Tenancy Deposit Schemes (Scotland) Regulations 2011, the Landlord shall lodge the deposit with an approved tenancy deposit scheme within thirty working days of the start of the tenancy and shall provide the Tenant with the prescribed information concerning that scheme. The name of the approved scheme is: ________.
8.4. At the end of the tenancy, the deposit (or balance thereof) shall be returned to the Tenant through the tenancy deposit scheme. Any dispute as to the amount to be returned shall be referred to the scheme's dispute resolution service.
8.5. Where the Tenant owes the Landlord a sum exceeding the deposit at the end of the tenancy, the Tenant shall remain liable for the outstanding amount and the Landlord shall be entitled to recover that debt by lawful means.
9. DURATION OF TENANCY
9.1. This Private Residential Tenancy shall commence on the start date specified in clause 5 and shall continue until lawfully terminated in accordance with the terms of this Agreement and the provisions of the Act.
9.2. A private residential tenancy is an open-ended tenancy with no fixed end date and shall continue indefinitely until lawfully terminated. The tenancy may only be brought to an end by the Tenant giving notice to the Landlord, by the Landlord obtaining an eviction order from the Tribunal, or by the Tenant choosing to leave following the service of a valid Notice to Leave, in accordance with clause 17.
10. SUBLETTING AND ASSIGNATION
The Tenant shall not sublet the Premises or any part thereof, take in lodgers, or assign, transfer or otherwise part with possession of the Premises or any part thereof, without the prior written permission of the Landlord. Any subletting or assignation without such consent shall constitute a breach of this Agreement.
11. NOTICE OF OTHER RESIDENT PERSONS AND OVERCROWDING
11.1. The Tenant shall notify the Landlord in writing of any person aged sixteen or over residing in the Premises with the Tenant as their only or main home, including details of that person's name and relationship to the Tenant. The Tenant shall notify the Landlord in writing as soon as possible where such a person ceases to reside in the Premises. Failure to do so shall constitute a breach of this Agreement.
11.2. The Tenant shall ensure that any person residing with them in the Premises takes reasonable care not to breach any part of this Agreement, and the Tenant shall be liable for the acts and omissions of such persons, including the cost of any repair, replacement or renewal.
11.3. Where the Tenant allows persons to reside in the Premises such that it becomes overcrowded, the Tenant shall be in breach of this Agreement and the Landlord may be entitled to seek eviction on the relevant ground.
12. CARE OF THE PREMISES
12.1. The Tenant agrees to take reasonable care of the Premises and any common parts of which the Premises forms part, and in particular agrees:
12.1.a. to keep the Premises adequately aired and heated;
12.1.b. to be liable for the cost of repairs where the damage is attributable to the fault or negligence of the Tenant or any person residing with or visiting them;
12.1.c. not to keep or bring any hazardous or combustible goods or materials into the Premises, save for the normal and safe use and storage of fuel for commonly used household goods and appliances;
12.1.d. not to smoke, or permit visitors or other residents to smoke tobacco or any other substance, in the Premises or any part thereof;
12.1.e. not to put oil, grease or other damaging or corrosive material down drains, waste pipes or into any washing or sanitary appliances;
12.1.f. to keep the Premises clean and the fixtures and fittings in good condition and working order;
12.1.g. to dispose of all refuse in an appropriate manner and at the appropriate time and not to place or store refuse in any common areas;
12.1.h. to keep all fixtures and fittings in good condition to limit the possibility of damage;
12.1.i. to take reasonable steps to prevent water pipes freezing in cold weather;
12.1.j. to avoid danger to the Premises or any neighbouring property by way of fire or flooding;
12.1.k. not to tamper with or interfere with any smoke detectors, carbon monoxide detectors, heat detectors or fire alarm system;
12.1.l. not to tamper with or interfere with any locks or door-closing mechanisms;
12.1.m. to notify the Landlord immediately of any structural damage or defect in the Premises or any part thereof;
12.1.n. to keep any pets within the Premises only with the Landlord's prior written agreement and, where permitted, to keep them under control so as not to cause deterioration to the Premises, fixtures, fittings or common areas, or nuisance to neighbours;
12.1.o. not to make any alteration to the Premises, its fixtures or fittings, nor any external alteration, without the prior written permission of the Landlord;
12.1.p. to keep the interior of the Premises properly decorated in a colour scheme approved in writing by the Landlord; and
12.1.q. at the termination of this Agreement, to ensure the Premises is cleaned to a reasonable standard and that any carpets, curtains and similar fabrics are free from stains caused during the tenancy, fair wear and tear excepted.
13. LANDLORD ACCESS TO THE PREMISES
13.1. The Tenant shall allow the Landlord access to the Premises as reasonably necessary, on no less than forty-eight hours' written notice, to carry out repairs and inspections, and shall allow access to any tradesperson or contractor instructed by the Landlord. A suitable time shall be agreed between the parties.
13.2. In the event of an emergency, the Landlord reserves the right to enter the Premises, by force if necessary, where access is not made available or the Tenant is absent. In such circumstances the forty-eight hour notice period shall not apply.
13.3. Once the Tenant has given notice of intention to terminate this Agreement, the Tenant shall permit prospective tenants to view the Premises at reasonable times and permit a "To Let" or "For Sale" board to be displayed where required.
14. REPAIRS AND MAINTENANCE
14.1. The Tenant accepts the Premises in good and tenantable order and condition.
14.2. Throughout the duration of this Agreement, and in accordance with the Housing (Scotland) Act 2006 and the Repairing Standard, the Landlord shall:
14.2.a. maintain the Premises in a wind and watertight condition and in all other respects reasonably fit for human habitation, save where any defect has been caused by the Tenant;
14.2.b. keep in good repair, so far as reasonably practicable, the structure and exterior of the Premises, including drains, gutters, downpipes, roof, outside walls, doors, windowsills and window frames, common stairways and common parts, chimneys and chimney stacks, pathways and other means of access, plasterwork, and boundary walls and fences;
14.2.c. keep in repair and proper working order all installations for the supply of water, gas, electricity, heating, water heating and sanitation, except where any defect has been caused by the Tenant or persons connected to them, and except for installations supplied by the Tenant;
14.2.d. replace or repair, within a reasonable timeframe, any fixtures and fittings supplied by the Landlord which become defective, except where the defect was caused by the Tenant;
14.2.e. ensure that a satisfactory gas safety record (where there is a gas supply), an electrical installation condition report, and appropriate smoke, heat and carbon monoxide detection are provided and maintained in accordance with applicable legislation.
14.3. The Tenant shall notify the Landlord immediately of any need for repair, and the Landlord undertakes to carry out, within a reasonable period of notification, all repairs for which he is responsible.
14.4. The Tenant shall be responsible for the cost of any repairs caused by the fault or negligence of the Tenant, any person residing with or visiting them, or any other person for whom the Tenant is legally responsible.
15. LEGIONELLA
The Landlord shall carry out a relevant risk assessment at the commencement of this Agreement and shall thereafter take all reasonable steps to assess and manage the risk of exposure to legionella so as to safeguard the Tenant.
16. RESPECT FOR OTHERS
The Tenant shall not engage in antisocial behaviour while resident in the Premises or any part thereof, and shall ensure that any persons residing with or visiting them do not engage in such behaviour towards any person present in the Premises, any neighbour, the Landlord, the letting agent, any contractor or any other person. Antisocial behaviour by the Tenant or persons connected to them may constitute a ground for eviction under the Act.
17. TERMINATION OF THE TENANCY AND RECOVERY OF POSSESSION
17.1. The Tenant may terminate this tenancy by giving the Landlord at least twenty-eight days' written notice. Where the parties agree in writing to a shorter notice period, the tenancy may end at an earlier date. The tenancy shall end on the date specified in the Tenant's notice or at the earlier date agreed.
17.2. The Landlord may terminate this tenancy only by relying on one or more of the eviction grounds set out in schedule 3 of the Act. The Landlord shall serve on the Tenant a Notice to Leave in the prescribed form stating the relevant ground(s), and:
17.2.a. where the Tenant chooses to leave, the tenancy shall end on the later of the date specified in the Notice to Leave or the day on which the Tenant vacates the Premises; or
17.2.b. where the Tenant does not leave following expiry of the notice period, the Landlord may apply to the Tribunal for an eviction order, and the tenancy shall end on the date specified in any eviction order granted.
17.3. Where the Landlord relies on an eviction ground, the Landlord must be able to provide sufficient justification and, where an application is made to the Tribunal, supporting evidence for the ground(s) relied upon.
17.4. The Landlord shall give the Tenant at least twenty-eight days' notice where the Tenant has occupied the Premises for six months or less at the date of service of the Notice to Leave, or where the Notice to Leave relies (in whole or in part) only on one or more of the following grounds:
17.4.a. the Tenant is not occupying the Premises as their only or principal home;
17.4.b. the Tenant has a relevant criminal conviction;
17.4.c. the Tenant has engaged in relevant antisocial behaviour;
17.4.d. the Tenant has associated in the Premises with a person who has a relevant conviction or has engaged in relevant antisocial behaviour.
17.5. The Landlord shall give the Tenant at least eighty-four days' notice where the Tenant has occupied the Premises for more than six months and the Notice to Leave does not rely solely on one or more of the grounds set out in clause 17.4.
17.6. The Landlord shall seek recovery of possession of the Premises only by lawful means compliant with all relevant legislation, and shall not seek to recover possession otherwise than in accordance with the Act.
17.7. At the termination of this Agreement, the Tenant shall remove all of their belongings, including personal effects, foodstuffs, consumables and other contents brought into the Premises by the Tenant. Where the Tenant fails to do so, the Tenant shall be liable for the reasonable costs incurred by the Landlord in removing and disposing of such belongings.
18. CONTENTS AND CONDITION
18.1. The Tenant agrees that the Inventory and Record of Condition annexed as Schedule 1 is a complete and accurate reflection of the contents and their condition at the start date of the tenancy.
18.2. Upon receipt of the Inventory and Record of Condition, the Tenant shall have seven days from ________ to confirm its accuracy and shall either:
18.2.a. notify the Landlord in writing of any discrepancies, which shall then be amended; or
18.2.b. accept the Inventory and Record of Condition by taking no action, after which the Tenant shall be deemed satisfied with its contents.
18.3. Where any contents are destroyed, damaged, removed or lost during the tenancy due to the acts or omissions of the Tenant or persons connected to them, the Tenant shall be liable for the cost of replacement or repair. The Tenant shall not be liable for replacement or repair due to reasonable wear and tear. Any items replaced shall be of equivalent value and quality.
19. LOCAL AUTHORITY TAXES AND CHARGES
19.1. During the term of this Agreement the Tenant shall be responsible for paying council tax and any associated charges relating to the Premises and shall notify the local authority accordingly.
19.2. Where the Tenant is exempt from, or entitled to a reduction in, council tax or associated charges, the Tenant shall notify the local authority at the commencement of the tenancy.
20. UTILITIES
20.1. During the term of this Agreement the Tenant shall be responsible for all accounts and bills for gas, electricity, telephone, broadband, television licence and any other services supplied to the Premises, held in the name of the Tenant, and shall pay the supplier promptly.
20.2. At the termination of this Agreement the Tenant shall settle all accounts with service suppliers and provide the Landlord with details of the service providers supplying the Premises.
20.3. The Landlord shall not be liable for any debts left outstanding by the Tenant to service providers at the termination of this Agreement.
21. DATA PROTECTION
21.1. Each party shall comply with its obligations under the data protection laws in respect of any personal data processed in connection with this Agreement.
21.2. The Landlord shall process the Tenant's personal data only for purposes connected with the management of the tenancy and the Premises, and shall not disclose such data to third parties save as required by law or as necessary for the proper management of the tenancy, in accordance with the privacy notice provided to the Tenant.
22. GUARANTOR
22.1. Where a Guarantor is required, the Guarantor shall guarantee the payment of all rent, any other relevant payments or costs, and the performance of the Tenant's obligations under this Agreement, and such liability shall continue in respect of any sum due by the Tenant even after the termination or variation of this Agreement.
22.2. The Guarantor is:
________ of:
________
who shall act as Guarantor for ________.
Signature of Guarantor: ________________________
Date: ________
23. DECLARATIONS
23.1. In signing this Agreement and taking entry to the Premises the Tenant:
23.1.a. declares and confirms that they have made a full and true disclosure of all information sought by the Landlord in connection with the granting of this tenancy;
23.1.b. confirms that they have not knowingly or carelessly made any false or misleading statement, whether written or oral, which might affect the Landlord's decision to grant this tenancy; and
23.1.c. confirms that they have read and understood the terms of this Agreement, together with any accompanying statutory information and notes.
23.2. In signing this Agreement the Landlord declares and confirms that the Premises is in a good and habitable condition and that the Landlord shall uphold all obligations placed upon them under this Agreement and the Act.
24. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and interpreted in accordance with the law of Scotland, and any dispute, difference or question arising between the parties shall be subject to the jurisdiction of the First-tier Tribunal for Scotland Housing and Property Chamber where competent, and otherwise to the exclusive jurisdiction of the Scottish courts.
To signify their intention to be bound by the terms of this Agreement the parties have signed it as follows:
__________________________________
Signature of Tenant: ________
Tenant Address:
________
Date: ________
Witness Signature: ________________________
Witness Name: ________
Witness Address: ________
__________________________________
Signed by ________
for and on behalf of the Landlord, ________.
Address of Landlord:
________
Date: ________
Witness Signature: ________________________
Witness Name: ________
Witness Address: ________
SCHEDULE 1
Inventory and Record of Condition
This Inventory and Record of Condition is for the property at:
________
The contents listed below are present in the property at ________ and are in the following condition:
________
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