The rights conferred on you by law always terminate the rights stated in a written or oral agreement. An agreement that indicates that you or your landlord has fewer rights than those given under common law or law is a fictitious lease. There are indications that you should use if you want to rent during a private apartment or if you have to tell a tenant with a private lease that he must leave. You can find this information on the gov.scot website. If you feel that your lease has unfair or even illegal conditions, you have the right to complain. You can also contact your nearest civic council for more information. An AT5 is the special message your landlord must give you if they want your rental agreement to be short and unsecured. You must receive an AT5 before changing ownership, or it will not be a short secure rental agreement. The form must be completed or it will not be official. If your landlord dies or changes, the new owner will have to comply with the terms of your rental agreement. They must follow the correct procedure if they want to terminate the lease, see the section on evacuation for more information. Housing, a place to call home: a strategy for the private rental sector in Scotland included a measure to revise the current rental law, to ensure that it is useful and to meet the growing demand for private rental housing from a number of types of households, including families.
In September 2013, a group led by Denstakeholdern was set up to verify private leases. Other conditions, called “additional conditions,” are terms you may have in your lease. They cover a number of rules, and you should read them to check that they apply to your property. You can also agree with your landlord to change the lease from a secure/short rental agreement to a private residential rent. NB: When entering into your own contract, you should be aware that clause 2 for rent increases, clauses 6, 7 and 8 relating to access to repairs and clause 9 for termination in the 2017 Private Residential Rent Regulation (Scotland) deviate slightly from the corresponding sections of the model tenancy agreement, and this must be expressed in your agreement. If you wanted the lease to be short and unsecured, you must have given an AT5 form to the tenants before signing a rental agreement. If you feel that your rental agreement may contain abusive conditions, you can contact your nearest citizen‘s advisory office. A private landlord or landlord can apply for a deposit before signing a rental agreement. It is sometimes referred to as “key money” or “holding deposit.” You must return the money as soon as the lease begins, or if you decide not to take the lease. If they do not refund you, it becomes an illegal tax, also known as a premium. Or you can download and print this rental agreement and fill out by hand what you need. What an agreement says and what the lease really is may be different.
For example, your landlord may say that the contract is not a lease, but an “occupancy license.”