Consultation on proposals for regulations and policy supporting the Private Housing (Tenancies) (Scotland) Act 2016

Closed 25 Dec 2016

Opened 3 Oct 2016

Contact

Alan Garft

0131 244 5401

PRSTenancies@gov.scot

Feedback updated 15 Mar 2017

We asked

We asked for your views on

  • The six prescribed notices to be used by tenants and landlords under the new tenancy;
  • The Scottish Government’s proposed Recommended Model Tenancy Agreement;
  • The option of serving documents electronically, if a tenant and landlord agree this as the preferred method of communications; and
  • Which terms should be ‘statutory terms’ (applicable to all private residential tenancies).

You said

  • We received 70 responses and the majority of you thought that the Recommended Model Tenancy Agreement and six prescribed notices are fit for purpose.   
  • The majority of you also thought that the Model tenancy Agreement and 5 of the 6 prescribed notices are easy to understand.   
  • On the remaining notice, the ‘Landlords notification to a tenant of a rent increase under Section 22’, you highlighted that the rent pressure zone section was not as clear as it might be.
  • A substantial majority of respondents said they thought a landlord and tenant should have the option of serving documents electronically to the electronic mail address provided by the relevant party, provided they had both previously agreed in writing to this.
  • Views were also received on the statutory terms for all private residential tenancies, many of which were already covered in the MTA.

We did

An analysis report has been published as well as 65 of the 70 responses where permission was given to publish.  We have used your responses to further develop the Model Tenancy Agreement and prescribed notices to ensure they are fit for purpose and we are currently considering the statutory terms.

Results updated 16 Mar 2017

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Published responses

View submitted responses where consent has been given to publish the response.

Overview

The Private Housing (Tenancies) (Scotland) Act 2016 creates the new private residential tenancy which will replace current assured and short assured tenancies. The purpose of the new tenancy is to improve security of tenure for tenants balanced with appropriate safeguards for landlords, lenders and investors.

This consultation seeks views on the secondary legislation and further policy to support the new tenancy, which includes the following:

  • the content of all of the prescribed notices to be used by tenants and landlords under the new tenancy;
  • the content of the Scottish Government’s Recommended Model Tenancy Agreement;
  • should there be an option of serving documents electronically, if a tenant and landlord agree this as the preferred method of communications?; and
  • which terms should be ‘statutory terms’ (applicable to all private residential tenancies).

The new tenancy is expected to come into force in December 2017 and is part of our broader approach to reforming the private rented sector, to make it a more professionally managed and better functioning sector, providing good quality homes.

The policy proposals outlined in this document are complimentary to the provisions in the 2016 Act.

Please note that we are not seeking your views on the provisions contained in the 2016 Act, which have already been passed by the Parliament and will not change as a result of this consultation.

 

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Why your views matter

Responses received to the consultation will help shape the policy and secondary legislation to support the new, modernised and simplified tenancy for the private rented sector in Scotland.

Interests

  • Housing and Regeneration