Private Residential Tenancy Agreement

The parties/signatories to this agreement are advised that signature of this document will have legal consequences. Where either party is unsure or does not understand the legal obligations and responsibilities placed upon them under this agreement, they are advised to seek legal advice before signing.

PRIVATE RESIDENTIAL TENANCY AGREEMENT

for the Private Rented Sector

1. PARTIES

a. Landlord:

________ whose address ("the Landlord's Address") is:

________

(hereafter "the Landlord")

b. Tenant:

________ of

________

(hereafter "the Tenant")

The parties have agreed and do hereby agree as follows:

2. DEFINITIONS AND INTERPRETATIONS

A. Definitions:

I. "the Act" means Private Housing (Tenancies) (Scotland) Act 2016 (the Act);

II. "assignation" means where a Tenant transfers his or her property rights under this agreement to another person, subject to having obtained the prior written permission of the Landlord;

III. "common parts" means the common areas and parts of the Premises, rights of access and other/any common facilities within or used in connection with the Premises, including the structure and exterior of the building which includes the premises, which may or may not be owned by the Landlord;

IV. "data protection laws" means the relevant laws, statutes, legislation, orders, regulations or any other relevant rules which may be applicable to the processing of personal data to which a party to this agreement is subject including the Data Protection Act 2018 and any modification thereof;

V. "eviction ground" means the grounds stated in schedule 3 of the Act;

VI. "eviction order" means an order that brings this agreement to an end on a specified date issued by the First-tier Tribunal for Scotland Housing and Property Chamber ("the Tribunal");

VII. "Guarantor" means a third party, requested by the Landlord, who shall meet any obligation and pay any rent in arrears where the Tenant fails to do so;

VIII. "House in Multiple Occupation" means a property that is occupied by three or more adults, above the age of 16, who are from different families and the property is their main/only place of residence and the property must be a house, premises or group of premises with shared amenities as set out in section 125 of the Housing (Scotland) Act 2006;

IX. "jointly and severally liable" means that, where there is more than one Tenant, each Tenant shall be fully and jointly liable for the obligations of all other Tenants as set out under this agreement and, where there is more than one Landlord, each Landlord shall be fully liable for the obligations of the other Landlord(s) to the Tenants as set out under this agreement;

X. "the Landlord" means the Landlord as set out in this agreement, including any Joint Landlord, and any and all persons deriving title from the Landlord;

XI. "letting agent" means any person or agency as assigned by the Landlord to provide services for the Tenants and the management of the property let under this agreement;

XII. "overcrowding" means where the Premises fails either The Room Standard and/or The Space Standard tests as set out below;

XIII. "rent" means the amount payable by the Tenant to the Landlord as set out under this agreement and this includes any sums due in relation to any insurance, repairs, maintenance or services;

XIV. "Rent-increase notice" means the prescribed notice that must be used by a Landlord to notify a Tenant of an intended rent increase under a Private Residential Tenancy Agreement;

XV. "a rent officer" means an appointed, independent officer by law to decide the amount of rent payable under a Private Residential Tenancy Agreement and they have the ability to decide how much the Landlord can increase the rent by in a rent pressure zone to reflect any relevant changes/improvement made to the property;

XVI. "rent pressure zone" means any designated area where the relevant Scottish Ministers have implemented a cap on the amount that rent can be increased annually for existing Tenants;

XVII. "statutory terms" means the terms which are applicable to all private residential tenancy agreements under the Act;

XVIII. "the Tenant" means the Tenant as set out under this agreement and its permitted assignees or sub Tenants and in the case of an individual shall include his personal representatives and any joint Tenant or joint sub Tenant;

XIX. "the Tribunal" means the relevant body for dealing with disputes arising from this agreement, namely the First-tier Tribunal for Scotland Housing and Property Chamber;

XX. "the Room Standard" means the standard applicable to test overcrowding and this standard will be breached where two persons of the opposite sexes, who are not spouses, have to sleep in the same room; rooms that would normally be used as a living room or a bedroom shall be regarded as sleeping accommodation; this test shall not apply to persons under ten years of age; and

XXI. "the Space Standard" means the standard which limits the number of people who can be resident in/occupy a house. This number shall take into account the number and floor area of rooms available as sleeping accommodation in a house. Where a room is less than fifty square foot, it shall not be taken into account. Children who are one year of age but less than ten years of age shall only count as half a person for this standard. Children under the age of one shall not be taken into account.

B. Interpretations:

I. Words which import the neuter gender only shall include the masculine and feminine genders; words importing the masculine gender only shall include the feminine gender and vice versa.

II. Words which import the singular only shall also include the plural and vice versa; where two or more persons are included in the expression "the Tenant", or any variation thereof, obligations contained within this agreement which are to be made by the Tenant shall be binding jointly and severally on them and their respective representatives and executors.

III. Words importing persons, where that person is not a Tenant, include companies and vice versa.

IV. Reference to any Act of Parliament shall include any modification, reenactment, amendment or extension thereof for the time of it being in force and shall also include all orders, plans, regulations, directions, permissions, bye-laws and instruments for the time being made, issued or given thereunder or deriving validity therefrom.

V. Where any obligation placed on a Tenant under this agreement provides for the Tenant not to do an act or thing shall include an obligation not to permit such act or thing to be done and to prevent such act or thing being done by a third party.

3. LETTING AGENT

A. The Letting Agent instructed by the Landlord is ________ whose address ("the Letting Agent's Address") is

________

Registration number: ________

Company contact: ________

Telephone number: ________

Email address: ________

B. The following services shall be provided by the Letting Agent on behalf of the Landlord:

________

C. The Letting Agent should be contact in the first instance for the following matters:

________

4. COMMUNICATION

A. It is agreed between the parties to this Agreement that all communications which must be made under this Agreement and the Act, inclusive of such notices that shall be served on one party by the other, will be made in writing by means of:

I. hard copy that shall be delivered by personal or recorded delivery to the relevant addresses as set out above in this Agreement.

B. Where a document or notice has been sent by post or recorded delivery post it shall be regarded as having been delivered forty-eight hours after it was sent by the relevant party, unless the party receiving the document or notice is able to provide evidence that it was received later than forty-eight hours after it was sent. The forty-eight hour delivery period must be included in any relevant or required notice period set out under this Agreement or otherwise.

5. PREMISES

A. The Premises let are at:

________

B. The Premises is a: ________.

C. The following shared areas/facilities are included with the Premises:

________

D. The following areas/facilities are excluded from use by the Tenant:

________

E. The Premises let is furnished. Further details are provided in the Inventory and Record of Condition.

F. The Premises let is located in a rent pressure zone.

G. The Premises let is a House in Multiple Occupation (HMO). The HMO 24-hour contact number for the let Premises is: ________. The expiry date of the HMO licence is: ________.

6. START DATE OF TENANCY

Under the terms of this Agreement the start date of the Private Residential Tenancy shall be: ________.

7. USE AND OCCUPATION OF THE PREMISES

A. Under the terms of this Agreement the Tenant agrees to occupy the Premises as their home.

B. The Tenant is forbidden from carrying out any business, profession or trade from the Premises unless prior written permission has been granted by the Landlord.

C. Where the Tenant shall be absent from the property for a period exceeding fourteen days the Tenant is obligated to notify the Landlord of this and shall take all reasonable steps to ensure that the Premises is secure and to safeguard from frost or flooding or any other events which may cause damage to the Premises that can be reasonably prevented.

D. The Tenant shall be required to take the following steps to ensure the safety and security of the property when they are absent:

________

8. RENT

A. The rent will be payable by the Tenant to the Landlord monthly. The amount payable is £________ (________).

B. The rent payable is inclusive of all reasonable charges for the supply of gas and electricity and any other fuel, energy or service supplied to the Premises approved by the Landlord, up to a maximum of £________ (________) per month, and in the event that the accounts for such services or supplies exceeds that figure the Tenant shall reimburse the Landlord for the excess.

C. A first advance payment of £________ (________) shall be paid on: ________ in respect of the period from ________ to ________. Thereafter payments must be received on or before the 1st day of each successive month.

D. The method by which the Tenant should pay the Landlord is: ________. This shall be the standard and preferred method of payment under this agreement. Rent may be paid using another method under reasonable circumstances and where the Tenant has agreed this with the Landlord prior to payment being made.

E. The rent payable by the Tenant shall include services for:

________

F. Rent receipts shall be provided to the Tenant from the Landlord where any payment of rent is made in cash. This receipt shall state the amount that was paid and the amount of rent that is still due to the Landlord. Where no rent is left outstanding the receipt shall reflect this.

G. Where the Landlord increases the rent payable by the Tenant in line with the maximum amount allowed by Scottish Ministers in the relevant Rent Pressure Zone the Tenant shall not be able to refer a rent increase to a rent officer for review.

9. DEPOSIT

A. The Tenant is required to pay a deposit of £________ (________), to the Landlord, on or before ________. The Tenant shall be provided with a receipt by the Landlord for the deposit paid. The deposit shall not be subject to any interest charges.

B. The Landlord shall lodge the deposit paid by the Tenant with a deposit scheme within thirty days of receipt of the deposit. The Tenant shall be provided with all relevant and necessary information concerning the tenancy deposit scheme used by the Landlord.

C. In the event that the Tenant fails to meet any cost or payment which is due to the Landlord under this Agreement, or so otherwise mutually agreed by the parties in writing, the Landlord shall apply for any reasonable costs to be deducted from the deposit which has been paid by the Tenant. This shall include but it is not limited to any situation where the Tenant fails to pay the rent, charges for services, unpaid bills related to the Premises or the cost of repairs and cleaning to the Premises sustained as a result of the actions of the Tenant or persons connected to them.

D. Where at the end of the Tenancy all or some of the deposit remains, the Landlord shall request the deposit to be released by the tenancy deposit scheme. Where the Tenant disputes the amount available the tenancy deposit scheme shall conduct dispute resolution.

E. In the event that the Tenant owes a sum more than the deposit at the end of the Tenancy, the Tenant shall remain liable to the Landlord for the outstanding amount. The Landlord shall be entitled to carry out legal action against the Tenant to recover the outstanding debt.

10. INSURANCE

A. The Landlord shall at all times during the operation of this Agreement insure and keep insured the Premises and all parts thereof against the normal insured risks with the insurers for the full reinstatement value thereof. The Landlord will, if reasonably required and requested, produce a certificate from the Insurers to the Tenant stating the parts of the Premises so insured and the date to which the premiums have been paid.

B. The Tenant shall be responsible for the insurance of any or all of their belongings which are present in the Premises let by the Tenant from the Landlord. The Landlord shall have no obligation to insure the contents on the Premises where those contents are the property of the Tenant.

11. ASSIGNATION AND SUBLETTING

Where the Tenant has not been provided with written permission by the Landlord, they shall be forbidden from: subletting the Premises or any part thereof; assigning their rights under this Agreement in the Premises to another person; taking in a lodger or any other persons unnamed in this Agreement; or assigning any part of the Premises or giving up possession of the Premises to any other person.

12. NOTICE OF OTHER RESIDENT PERSONS AND OVERCROWDING

A. The Tenant must notify the Landlord in writing of any person aged sixteen or over who is resident in the Premises, with the Tenant, as their only or main home. The notice given to the Landlord must include details of the person's relationship to the Tenant and their name. In the event that the person no longer becomes resident in the Premises, the Tenant must notify the Landlord in writing as soon as possible. Where the Tenant does not notify the Landlord of any person who is resident in the Premises as their only or main home they shall be deemed to have breached this Agreement.

B. The Tenant shall ensure that any person who is resident with them in the Premises shall take reasonable care not to breach any part of this Agreement as if that person was a tenant. Where such person is found to have breached any part of this Agreement the Tenant shall be held liable for that person's actions. The Tenant shall be held responsible for any costs incurred to repair, replace or renew any part of the Premises.

C. Where the Tenant allows a number of people to live in the Premises and this results in the Premises being overcrowded the Tenant shall have breached the terms of this Agreement and The Landlord shall be entitled to take action to evict the Tenant due to such breach.

13. CARE OF PREMISES

A. The Tenant agrees to take all reasonable care of the Premises and any common parts thereof which the Premises form part and in particular agrees to undertake the following obligations:

I. to keep the Premises aired and heated;

II. to be liable for the cost of any repairs where the damage that has been sustained is attributable to the fault or negligence of the Tenant or any person or guest residing with them;

III. to not keep or bring any hazardous or combustible goods or materials into the Premises or any parts thereof, notwithstanding the normal and safe use and storage of petroleum and gas for commonly used household goods and appliances;

IV. not to put any oil, grease or other damaging or corrosive material down drains, waste pipes or into any washing or sanitary appliances;

V. to keep the Premises and any parts thereof clean and in good working order and the fixtures and fittings and furniture contained within the Premises in good condition;

VI. to dispose of all rubbish in an appropriate manner and at an appropriate time and to ensure that any rubbish is not placed or stored in any common areas at any time;

VII. to prevent water pipes freezing in cold weather;

VIII. to avoid danger to the Premises and any parts therein or any neighbouring property by way of fire or flooding;

IX. not to tamper or interfere with any smoke detectors, carbon monoxide detectors, heat detectors or the fire alarm system;

X. not to tamper or interfere with any locks or relevant door closing mechanisms included within the Premises;

XI. to immediately notify the Landlord of any structural damage or defects in the Premises or any other part thereof.

XII. not to mistreat any furniture or furnishings provided for the use of the Tenant, or allow any person residing with them to mistreat any furniture or furnishings and, in the event of the latter occurring, to take such steps as are available to remove that person from the Premises;

XIII. to only keep any pets within the Premises when having obtained the Landlord's prior written agreement and, where such pets are permitted, to keep them under control to ensure that they do not cause deterioration to the Premises or the fixtures and fittings and furniture or deterioration in the condition of any relevant common areas or nuisance to neighbours or others in the locality of the Premises;

XIV. not to make any alterations to the Premises, its fixtures or fittings, nor to carry out any external alterations without the prior written permission of the Landlord;

XV. to keep the interior of the Premises properly decorated and to ensure that the Premises are properly decorated in a colour scheme which has been expressly approved in writing by the Landlord;

XVI. to keep any area of garden in good order and to not cause damage to any part or parts of it;

XVII. not to access the roof or attic area of the tenement without the Landlord's express written permission, except where it becomes necessary in the case of an emergency;

XVIII. to ensure that at the termination of this tenancy Agreement the Premises is cleaned to the highest standard and that any carpets, curtains and other similar fabrics are free from stains and soils which occurred during course of this Agreement.

14. LANDLORD ACCESS TO PREMISES

A. The Tenant agrees to allow the Landlord access to the Premises from time to time as is necessary. The Tenant shall be given no less than forty-eight hours notice of the Landlord's intention to visit. The Tenant must allow access for repairs which the Landlord is required to do under this Agreement, by the law, or by any other agreement between the parties. The Tenant must also allow any tradesperson, or contractors hired by the Landlord, access to the Premises to carry out relevant repairs or any other work as is deemed necessary. The Tenant shall be given forty-eight hours notice before every inspection and shall agree with the Landlord a suitable time for the inspections to take place for both parties.

B. In the event of an emergency, the Landlord reserves the right to effect forcible entry to the Premises where access is not made available by the Tenant or the Tenant is absent from the Premises. Where emergency access is required to the Premises the forty-eight hour notice period shall not be necessary.

15. REPAIRS AND MAINTENANCE

A. The Tenant accepts the Premises as is in good tenantable order and condition.

B. Throughout the duration of this Agreement, the Landlord shall have the following responsibilities:

I. To maintain the Premises in a wind and watertight condition and in all other respects reasonably fit for human habitation. Where the Tenant has caused any condition or defect which prevents the Premises from being in such condition the Tenant shall be liable to restore the Premises to such condition fit for human habitation.

II. To ensure the structure and exterior of the Premises is kept in good repair, provided the Landlord is able to secure the co-operation of any joint owner of the building or common parts thereof, including the drain, gutters, downpipes; the roof; the outside walls, doors, windowsills and window frames; the common stairway and common parts; the chimneys and chimney stacks; the pathways and other means of access; the plasterwork, and the boundary walls and fences.

III. To keep in repair and in proper working order all installations in the premises for the supply of water, gas, electricity, heating, water heating, and sanitation except where the working order of any installation has been caused by the Tenant or persons connected to them. This obligation shall include the upkeep and repair of any basins, sinks, baths, showers, toilets; fitted gas or electric fires and central heating systems; any cooking facilities and extractor fan. Where any of these facilities are installed by the Tenant the Landlord shall not be responsible for their upkeep.

IV. To replace or repair any fixtures, fittings or furnishings supplied by the Landlord which have become defective in a reasonable timeframe. Where any such defect has been caused by the Tenant the Tenant shall be responsible for any replacement or repairs.

C. The Tenant shall be obligated to notify the Landlord immediately of any need for repair to any part of the Premises and the Landlord undertakes, in a reasonable period of time after notification, to carry out all repairs for which he is responsible under this Agreement.

D. The Tenant agrees that they will be responsible for the cost of any repairs caused by their fault or negligence or the fault or negligence of any person residing with them or visiting them or any other person for who the Tenant is legally responsible for.

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18. TERMINATION OF THE TENANCY AND RECOVERY OF POSSESSION

A. The Tenant may terminate this Private Residential Tenancy Agreement by giving written notice to the Landlord with at least twenty-eight days notice to terminate the tenancy. Where the Landlord and Tenant have agreed to waive the twenty-eight day notice period, the tenancy may end at an earlier date. This agreement must be given in writing. The tenancy shall end on the date specified in the notice given by the Tenant or at the earlier date agreed to by the parties. Where this Agreement is a joint tenancy, all Joint Tenants must agree to end the tenancy and one Joint Tenant will not be able to terminate the tenancy on behalf of all Joint Tenants.

B. The Landlord may terminate this Private Residential Tenancy Agreement by giving notice in writing to the Tenant. This will only be possible where the Landlord can use one of the eighteen relevant eviction grounds as set out in Schedule Three of the Act. Where the Landlord serves notice on the Tenant, they can do this by:

I. serving the Tenant with a Notice to Leave stating the relevant ground or grounds for eviction and the Tenant shall then choose to leave, thereby terminating the tenancy and the tenancy will end, depending on which date is later, either on the date specified in the Notice to Leave or on the day on which the Tenant vacates the Premises; or

II. serving the Tenant with a Notice to Leave stating the relevant ground or grounds for eviction and, where the Tenant chooses not to leave on the day after the expiry of the notice period, obtaining an order for eviction from the Tribunal on the relevant eviction ground or grounds stated in the Notice to Leave. The tenancy will then come to an end on the date contained within the eviction order.

C. Where this Agreement is terminated by the Landlord issuing notice to the Tenant, the Landlord must be able to provide sufficient justification as to why one of the eighteen grounds of eviction are applicable. In the event that the Landlord seeks an eviction order from the Tribunal the Landlord must be able to provide evidence to support any of the eviction grounds being used.

D. The Landlord shall give the Tenant at least twenty-eight days notice where the Tenant has occupied the Premises for six months or less at the serving of the Notice to Leave or where one or more of the following eviction grounds are applicable:

I. the Tenant is not occupying the Premises as their only principal home;

II. the Tenant is in arrears for rent payments for three or more consecutive months;

III. the Tenant has breached any part of this Agreement;

IV. the Tenant has engaged in antisocial behaviour;

V. the Tenant has associated with a person who has a relevant conviction or who has engaged in antisocial behaviour;

VI. the Tenant has a relevant criminal conviction.

E. The Landlord shall give the Tenant at least eighty-four days notice where the Tenant has occupied the Premises for over six months or more and the Notice to Leave does not solely rely on one or more of the eviction grounds stated in the above paragraph.

F. The Landlord shall seek repossession of the Premises through lawful means only that are compliant with all relevant legislation and regulations concerning Private Residential Tenancies.

G. At the termination of this Agreement, the Tenant shall remove all of their belongings from the Premises. The Tenant's belongings shall include but is not limited to any personal effects, foodstuffs and consumables, belongings and any other contents that have been brought into the Premises by the Tenant.

19. CONTENTS AND CONDITION

A. The Tenant undertakes and agrees that the Inventory and Record of Condition, attached to this agreement as Schedule 1, that will be supplied to the Tenant no later than the start date of the tenancy on ________, is a complete and accurate reflection of the contents and condition of the contents contained within the Premises at the start date of the tenancy.

B. Upon receipt of the Inventory of Record and Condition, the Tenant shall have seven days from ________ to confirm that the Inventory is accurate and shall either:

I. notify the Landlord in writing of any discrepancies contained within the Inventory and Record of condition, which shall result in the discrepancies being amended; or

II. accept the findings of the Inventory and Record of condition by taking no action and after the seven day period has passed the Tenant will be deemed to be satisfied with the information contained within the inventory.

C. Where any of the contents of the Premises are destroyed, damaged, removed or lost during the tenancy the Tenant shall be liable for the cost of any replacement or repairs required where it is necessary due to the actions of the Tenant or any persons connected to the Tenant. Where replacement or repair is due to reasonable and expected wear and tear, the Tenant shall not be liable for any costs. Any items which must be replaced shall be replaced by items of an equivalent value and quality.

20. LOCAL AUTHORITY TAXES AND CHARGES

A. During the term of this Agreement the Tenant shall be responsible for paying any council tax and other associated charges with the Premises. The Tenant shall notify the local authority of this.

B. Where the Tenant is exempt from paying any council tax and other associated charges, the Tenant shall notify the local authority of this at the beginning of this tenancy.

21. SMOKING

The Tenant shall be forbidden to smoke or to permit visitors, or other persons resident with the Tenant, to smoke tobacco or any other substance in the Premises and any parts thereof.

22. GUARANTOR

A. The Guarantor shall guarantee the payment of all rent and any other obligations under this agreement, and any other relevant payments or costs which are due to the Landlord by the Tenant under this Agreement, and liability shall continue in respect of any payment due by the Tenant to the Landlord even after the termination of this Agreement or alteration to it.

B. The Guarantor is set out hereunder:

________ of:

________

shall act as Guarantor for ________.

Signature:

23. DECLARATIONS

A. In signing this Agreement and taking entry to the Premises the Tenant:

I. declares and confirms to have made a full and true disclosure of all the information sought by the Landlord in connection with the granting of this tenancy;

II. confirms not to have knowingly or carelessly made any misleading or false statements, whether written or oral, which might affect the Landlord's decision to grant this tenancy to the Tenant; and

III. confirms to have read and understood the terms of this Agreement including the accompanying legal commentary.

B. In signing this Agreement the Landlord declares and confirms that the Premises is in a good and habitable condition and confirms that they shall uphold and undertake any and all obligations placed upon them under this Agreement.

24. GOVERNING LAW

This Agreement shall be interpreted in accordance with Scots Law and any dispute, difference or question of any kind which may arise between the parties shall be determined in accordance with Scots Law and the parties shall submit to the exclusive jurisdiction of the Scottish Courts.

To signify their intention to be bound by the terms of this Agreement the parties have signed it as follows:

__________________________________

Signature of ________

Tenant Address:

________

Date:

__________________________________
Signature of ________

Landlord Address:

________

Date:

SCHEDULE 1

Inventory and Record of Condition: