(in particular: new Forms AT5 for short assured tenancies; AT6 for assured tenancies; and Tenant Information Packs)
- This Note gives some background to the new forms of AT5, AT6 and Tenant Information Packs which must be used for “short assured” and “assured” private sector residential tenancies as from 1 December 2016.
- The Bullet Point Updates for April and May 2016 said something about the new form of residential tenancy to be brought in by the Private Housing (Tenancies) (Scotland) Act 2016 which makes sweeping changes to the law concerning private residential tenancies in Scotland.
- In particular, Bullet Point Update 4 said:
“ … before the 2016 Act the vast majority of private sector residential tenancies were “assured” tenancies under the Housing (Scotland) Act 1988. An important sub-group of such tenancies were “short assured” tenancies where – as the word “short” suggests – a landlord could get their property back without having to have any reason for doing so other than that they wanted it back.”
- The 2016 Act will do away with “assured” and “short assured” tenancies and introduce the new “Private Residential Tenancy”. But the relevant parts of the 2016 Act are not yet in force. They are not expected to come into force until late in 2017 or perhaps not until 2018. So, meantime, we carry on with “assured” and “short assured” tenancies.
- As part and parcel of these private sector residential tenancy reforms the functions of the official Private Rented Housing Panel and Private Rented Housing Committees have been transferred to the new Housing and Property Chamber of the First Tier Tribunal. That change has taken effect from 1 December 2016 (under the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2016/339).
- The Explanatory Note to those Regulations says:
“Schedule 1 of these Regulations sets out the rules of procedure in respect of proceedings before the First-tier Tribunal for Scotland Housing and Property Chamber (“the First-tier Tribunal”). Part 2 of schedule 1 covers proceedings in respect of homeowners and Part 3 covers proceedings in respect of the private rented housing sector, including landlord applications and assured tenancy references.”
- Importantly, the Note goes on:
“Schedule 2 contains forms to be used for certain purposes of the Rent (Scotland) Act 1984 and the Housing (Scotland) Act 1988 [which concerns “assured” and “short assured” tenancies] and for the purpose of proceedings before the First-tier Tribunal.”
New Forms AT5 and AT6 form 1 December 2016
- As that Explanatory Note indicates, there is a whole range of new forms provided in the Regulations but for present purposes the important ones are the Form AT5 which must be served on the tenant before the creation of a “short assured” tenancy and the Form AT6 which may require to be served when a landlord wishes to recover possession of an “assured” tenancy.
- The new form AT5 can be found on the Scottish Government website https://beta.gov.scot/publications/form-at5/ as can the new form AT6 https://beta.gov.scot/publications/form-at6/
New Tenant Information Packs from 1 December 2016
- A Tenant Information Pack must be given to tenants by landlords no later than the start of the tenancy. The form of Pack has also been updated. As the Explanatory Note to the relevant order (The Tenant Information Packs (Assured Tenancies) (Scotland) Amendment Order 2016/334) says:
“This Order substitutes a new schedule in the Tenant Information Packs (Assured Tenancies) (Scotland) Order 2013. That schedule sets out a Tenant Information Pack that persons who are to be landlords under assured tenancies are to provide to persons who are to be their tenants. The changes as compared to the existing Tenant Information Pack are all concerned with reflecting that the responsibility for certain matters passes to the First-tier Tribunal for Scotland Housing and Property Chamber with effect from 1st December 2016.”
- The new Tenant Information Packs are available on the Scottish Government website https://beta.gov.scot/publications/tenant-information-pack-revised-december-2016/
Note: This material is for information purposes only and does not constitute any form of advice or recommendation by us. You should not rely upon it in making any decisions or taking or refraining from taking any action. If you would like us to advise you on any of the matters covered in this material, please contact Euan David: efd@mitchells-roberton.co.uk
