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Short Assured Tenancies

Short Assured Tenancies are the most common form of tenancies used locally by Landlords in the private rented sector.

Short Assured Tenancies are the most common form of tenancy used locally in the private rented sector. 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. However, the lease may contain a clause that states the lease will continue on a month to month basis.

The advisory content on this site is not a substitute for legal advice.

Last modified on 10 January 2017

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