All new tenancies in Scotland are now private residential tenancies which are open-ended, so they have no finite length. They can only be ended by either the tenant or the landlord giving notice. The landlord can only give notice and specific grounds and the length of the notice depends on these grounds.
In general, if you have lived in the property for more than six months, they will give you 84 days’ notice unless you have done something wrong, such as not paying your rent.
It is important that you therefore work out whether you can afford the rent before applying for a tenancy.
You also need to think about the other expenses you will have, such as council tax, gas and electricity bills, and of course, your food.
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Whilst you are in the property, the landlord may require access for a contractor to update these checks. They will also come in if any repairs are required to the property.
You need to provide reasonable access for these and your agent or landlord will normally let you know when they would like to come to the property. It is important you let your landlord or agent know if you notice repairs are needed.
Normally, contact whilst you are in a tenancy is by email, so ensure the email address you use is one you can easily access. Your rent can only be increased once a year and you will get three months’ notice of the change.
If you don’t want to continue the tenancy, you can give 28 days’ notice at any time. You could agree a longer notice period with the landlord, but only if you agree freely, and this can only happen if the agreement is made after you move in. The standard notice by a tenant is normally 28 days.
If the landlord serves you notice under one of the grounds in your lease, they can then apply to the First Tier Tribunal for Housing and Property for an eviction order. They may also apply for a rent order if you have unpaid rent.
There are lots of sources of advice available for tenants, such as your local council or Shelter Scotland. If you are served notice, you will be given a note of places you can go to get help.
