Changes to Tenancy Regulations

With effect from 1 December 2016, the Private Rented Housing Panel which previously dealt with disputes arising from the repairing standard and the Homeowner Housing Panel will amalgamate and become known as the Housing and Property Chamber.

The Housing and Property Chamber will sit within the newly-created First-Tier Tribunal for Scotland and will continue to deal with decisions relating to rent or repair issues in private sector rented housing as well as providing assistance to landlords exercising their right of entry to a rented property.

As a result, changes have been made to the various forms used in both Assured and Short Assured Tenancies and a new Tenant Information Pack has been created, which must be used by landlords as of 1 December 2016.

Furthermore, changes have been made to other Forms, including the Form AT5 and Form AT6. A valid Form AT5 has to be served on a tenant prior to the commencement and creation of the tenancy in order to ensure that this is a Short Assured Tenancy.

It is therefore essential that the updated Form AT5 is used from 1 December 2016 to ensure that a valid Short Assured Tenancy is created from this date.

If the previous version of the Form AT5 is used then you may be setting up an Assured Tenancy, as the Form AT5 will not have been issued in the correct prescribed form. The automatic ground for recovering possession of a property let under a Short Assured Tenancy is not available where an Assured Tenancy has been created and care should be taken to ensure that all documentation is up to date.

If you are seeking to bring a tenancy to an end and require a Form AT6 to be served then, again, this should be the updated version to ensure this provides valid notice to tenants.

For advice or further information, please contact our Lettings Department on 01463 258002.

December 2, 2016