Short Assured Tenancies
The most common types of tenancy in the private rented sector are
Short Assured and
Assured Tenancies. These tenancies were introduced by the Housing (Scotland) Act 1988 and came into force on 2nd January 1989. This type of tenancy applies to houses/flats/self-contained rooms let as separate dwellings to individuals, either as tenants or joint tenants, providing it is their main or principal home.
A Short Assured Tenancy is a special form of Assured Tenancy which, in the first instance must be for not less than 6 months. A Short Assured Tenancy gives the landlord special rights to repossess the property and gives the tenant special rights to apply to a Rent Assessment Committee for a rent determination.
Short Assured Tenancies are the most common form of tenancy used locally in the private rented sector. This is largely because it is easier and quicker for landlords to recover possession of their property when the tenancy is a Short Assured. Many landlords however, fail to follow the correct procedures when offering a Short Assured Tenancy and may inadvertently create a Statutory Assured Tenancy.
In order for a tenancy to be Short Assured, the landlord must serve an AT5 Notice in terms of Section 32 of the Housing (Scotland) Act 1988. This notice must be served prior to the creation of a tenancy agreement. If this notice is not served at all or is served after the tenancy or lease agreement has been signed, the tenancy cannot be Short Assured.
If you have a Short Assured Tenancy, the minimum initial period of the tenancy must be no less than 6 months. After the initial period has elapsed, there is no need to renew the agreement as it should continue by
'tacit relocation'. This means that if the lease does not explicitly state how it will be renewed, it will renew for the same duration as the original let or for one year, whichever period is shorter. It is more likely however, that the lease will contain a clause that states that after the initial period, the lease will continue on a month to month basis.
