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.
The advisory content on this site is not a substitute
for legal advice. Landlords are encouraged to seek independent
legal advice in relation to landlord and tenant matters and as to
the form and content of tenancy agreements and statutory
notices.
