A private residential tenancy agreement is an agreement between a tenant and a landlord. The agreement grants the tenant permission to live in a private residential property and sets out the terms and conditions of their occupation. Residential property refers to property that will be used as a person's home and main place of residence. This private residential tenancy agreement is designed for use in Scotland.
Different agreements must be used in England and Wales and in Northern Ireland.
This agreement will be used for private residential properties and should not be used if the property is owned and to be let by the local council.
A lodger will occupy a room or a space within a property and the owner will remain living in the rest of the property. A lodger agreement creates a common law tenancy, which is a contractual agreement between the owner and the lodger. A lodger can be evicted by the owner at the end of a fixed term by the owner providing a certain amount of notice.
This tenancy agreement is open-ended, meaning there is no fixed end date. To end a tenancy agreement, a landlord must rely on particular grounds for eviction and must follow a prescribed legal process.
Yes. If a landlord wants to rent a property to a tenant under a tenancy agreement, they must give the tenant a written copy of all of the terms of the tenancy.
A guarantor will agree to pay the rent if the tenant cannot or does not pay this. It is possible for the guarantor to be in an individual or a corporate entity (a company). This tenancy agreement may include a guarantor as a party if desired.
Before creating a tenancy agreement, a landlord must:
The agreement will not be reviewed by a lawyer to ensure that the legal content applies to the personal situation of the parties. In order to receive advice about the particulars of this agreement before it is finalised, it will be necessary to instruct a lawyer. In relation to tenancy agreements, it is necessary to consult with a lawyer who is regulated by an approved regulator in the legal services sector. It is possible to search for a lawyer on the Law Society website.
The parties should be over the age of 16. The parties should have the legal capacity to enter into a contract. Capacity refers to a situation where a person has the ability to understand and make legal decisions for themselves.
The tenancy agreement is open-ended, meaning that it does not have a fixed end date. In order to end a tenancy agreement, a landlord must rely on particular grounds for eviction and must follow a prescribed process.
The agreement should be signed by both parties. It is possible to sign the agreement electronically. The parties can choose to sign the agreement in the presence of a witness, to assist in proving the validity of the agreement. The parties may wish to seek advice about the contents of the agreement*.
Once the agreement has been signed, the tenant may then occupy the property in accordance with the terms of the agreement. The landlord should comply with their duties as a landlord and must provide the tenant with a specific tenant information pack before their tenancy start date (by no later than the date the tenancy is due to start).
The agreement will not be reviewed by a lawyer to ensure that the legal content applies to the personal situation of the parties. In order to receive advice about the particulars of this agreement before it is finalised, it will be necessary to instruct a lawyer. For this type of agreement, it is necessary to consult with a lawyer who is regulated by an approved regulator in the legal services sector. It is possible to search for a lawyer on the Law Society website.
Whilst not mandatory, a tenancy agreement can be witnessed, to help prove the validity of the agreement. Each party may therefore sign the agreement in the presence of a witness, who will then also sign the agreement. The witness should be an adult with capacity, who is not a party to the agreement.
If the landlord is providing an inventory, then this should be attached at the space provided at schedule 1 of the agreement. A property inventory will provide a summary of all the items (such as furniture and white goods) in the property and will note the condition of those items.
The landlord must follow set rules and a particular legal process to end the agreement. The notice provided will depend upon the duration of the agreement and the grounds relied upon.
If the tenant wishes to end the tenancy agreement, they should provide written notice to the landlord and should provide at least 28 days of notice.
A tenancy agreement will:
The following key legal provisions will be relevant to a tenancy agreement:
You can choose to consult a lawyer if you need help.
The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.
You fill out a form. The document is created before your eyes as you respond to the questions.
At the end, you receive it in Word and PDF formats. You can modify it and reuse it.
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