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Private residential tenancy agreement (Scotland)
On 1 December 2017, new residential tenancies in Scotland (including Short assured tenancies) were replaced with a new 'private residential tenancy' (PRT).
Use this PRT for a property in Scotland with up to 2 landlords and up to 5 tenants. It's broadly based on the Scottish Government's model tenancy agreement but with a number of differences. We've added extra clauses to give more detail about the rights and obligations of both parties, such as:
- How the tenant should use, maintain and secure the property
- Where and when notices from a local or statutory authority must be sent to the landlord
- Giving the landlord access to the property to examine it during and before the end of the tenancy
- What the tenant must do when the tenancy ends, including what happens to any property left behind
- Specifying the interest to be charged on dishonoured rent payments
- Protecting property insurance cover or premium payments from being voidable by a tenant
- What happens if the property is destroyed or becomes uninhabitable
- The rights and obligations relating to any adjoining property the landlord owns
To use this document the tenancy must be for the tenant's only or main home. It can be used for Houses in Multiple Occupation.
It should only be used by landlords who are individuals (rather than structured/acting as businesses). It is not suitable for residential tenancies with at least 2 acres of land, agricultural tenancies, holiday lettings, lettings of social housing, student lettings by Universities or colleges, and lettings of purpose-built student accommodation containing 30 or more bedrooms.
Changes to existing documents
Codicil appointing a guardian
Codicil appointing substitute executor on death of executor
Codicil appointing a substitute guardian
Codicil replacing a guardian
Codicil replacing a substitute guardian
Codicil revoking a gift to a named beneficiary
In each of these documents we have:
- removed the question asking whether the testator is male or female (the document now uses gender-neutral language)
- removed the option to enter the witness details (instead these must be completed by hand – this is preferable in case a planned witness is unavailable at the time of signing)
- Added information about parental responsibility to the guidance (guardian codicils only).
Codicil making a gift to a new beneficiary
Codicil making an additional gift to an existing beneficiary
Codicil revoking gift to one and giving to another
Comprehensive will for an unmarried person
Comprehensive will for an unmarried person (Scotland)
Comprehensive will for an unmarried person (inc. STEP standard provisions)
Comprehensive will for a married person or civil partner
Comprehensive will for a married person or civil partner (Scotland)
Comprehensive will for a married person or civil partner (inc. STEP standard provisions)
Discretionary trust will for a married person or civil partner
Mirror wills for married couples or civil partners
We have updated the guidance where necessary following minor changes coming in with the 2018/19 tax year.