Under the Private Housing (Tenancies) (Scotland) Act 2016, which replaces Assured and Short Assured Tenancies in Scotland, all private residential tenancies will be subject to core rights and obligations.
Law firm TC Young has noted: “The model form contains mandatory clauses which must feature in any agreement prepared using this model, and further discretionary terms which can be included at the option of the landlord.
“Use of the model tenancy is not obligatory. Landlords and agents can use an alternative tenancy agreement provided landlords ensure the statutory terms are included in the tenancy agreement.
“Any tenancy agreement which fails to include the statutory terms could be subject to a complaint to the First-tier Tribunal. The First-tier Tribunal has the power to draw up a document which correctly reflects the terms of the tenancy and order the landlord to pay the tenant an amount not exceeding three months’ rent.
“In addition to the statutory terms, the model tenancy agreement contains mandatory (in bold typeface) and discretionary clauses (ordinary typeface). In terms of the mandatory clauses, these must feature in any agreement prepared using the model tenancy agreement. In terms of the discretionary clauses, these are suggestions only and can be altered or removed if required.”
The Scottish Government has also published guidance notes.
Where the landlord/agent is using the model tenancy agreement, the following guidance notes require to be provided to tenant (s): Model Tenancy Agreement Guidance Notes.
Where the Landlord/agent is using an alternative tenancy agreement, the following guidance notes require to be provided to tenant (s): Alternative Tenancy Agreement Guidance Notes.