Comparison between assured and short assured tenancies and PRTs—Scotland—checklist

Produced in partnership with Claire Mullen of TC Young LLP
Checklists

Comparison between assured and short assured tenancies and PRTs—Scotland—checklist

Produced in partnership with Claire Mullen of TC Young LLP

Checklists
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This Checklist considers and compares the differences between assured and short assured tenancies in Scotland created between 2 January 1989 until 30 November 2017 pursuant to the Housing (Scotland) Act 1988 (H(S)A 1988) (the ‘1988 Regime’), and private residential tenancies (PRTs) pursuant to the Private Housing (Tenancies) (Scotland) Act 2016 (PH(T)(S)A 2016) in force in Scotland from 1 December 2017 (the ‘2016 Regime’), see Practice Notes: Assured and short assured tenancies—Scotland and Private residential tenancies-Scotland.

Subject1988 Regime2016 Regime
TermRequires a fixed duration in order to satisfy the cardinal elements of a lease.
A short assured tenancy requires a term of not less than six months.
There is no term. The agreement is open ended.
Tenancy AgreementThe landlord is required to provide the tenant with a written agreement (see: H(S)A 1988, s 30) together with a Tenant Information Pack (see: Tenant Information Packs (Assured Tenancies) (Scotland) Amendment Order 2016, SSI 2016/334).
There are no statutory terms of tenancy.
The landlord is required to provide the tenant
Claire Mullen
Claire Mullen

Associate Solicitor, TC Young LLP


Claire is a civil litigation solicitor in the court team at TC Young LLP. Claire leads the First-tier Tribunal team and specialises in all matters of dispute including eviction, repairing standards, letting agent code compliance, property factor code compliance. Claire trained at a Law Centre gaining significant exposure to both eviction in the social and private rented sector and mortgage repossession. Since 2014 Claire has acted for landlords and lettings agents throughout Scotland in connection with a variety of residential disputes in the social and private rented sector. Since 2016, Claire has focused on the private residential tenancy sector. She provided vital training to members of the First-tier Tribunal (Housing and Property) Chamber in preparation for the transfer of function from the Sheriff Court. In 2020, Claire was certified as an accredited specialist in Housing and Residential Tenancy Law by the Law Society of Scotland. She is also a Trustee of Safe Deposits Scotland Trust funding projects which promote and facilitate education, training and best practice for landlords, letting agents and tenants in the private rented sector.

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