Private Housing (Tenancies) (Scotland) Act 2016: consultation on regulations

Section 4: Statutory Terms

Schedule 2 of the 2016 Act outlines the statutory terms which, when regulations are made under the 2016 Act, will be terms applicable to every private residential tenancy. The terms set out in the schedule are as follows:

• Where rent is paid in cash, a written receipt must be provided to the tenant which includes the amount paid and either confirmation of any amount outstanding or confirmation that no arrears are outstanding.
• The rent can be increased in accordance with the process set out in the 2016 Act, and by this process alone.
• The tenant must tell the landlord in writing if anyone aged 16 or over (who is not a joint tenant) lives in the property with the tenant and the property is that person's only or principal home. The tenant must provide the name and that person's relationship to the tenant.
• If a landlord has been told in writing about a person occupying the let property, the tenant must tell the landlord if that person subsequently ceases to live there as the person's only or principal home.
• The tenant cannot sublet the property (or any part of it), take in a lodger, assign his or her interest in the let property (or any part of it), or otherwise part with possession of the property, without the written agreement of the landlord.
• The tenant must allow reasonable access to the let property for an authorised purpose. Authorised purposes are carrying out work on the property which the landlord is entitled or obliged to carry out, inspecting the property in order to determine what (if any) work of that nature to carry out or inspecting it in pursuance of any other inspection right the landlord may have, and valuing the let property. The tenant is obliged to allow reasonable access where either 48 hours' notice has been given or where access is required urgently for the purposes specified. It is worth noting that this statutory term does not preclude a tenant from allowing more generous rights of access if both parties want to resolve a non-urgent problem more promptly.

The statutory terms outlined above are mandatory terms and will be applicable to every private residential tenancy (they form part of the core rights and responsibilities highlighted in bold text in the recommended Model Tenancy Agreement)

The fact that certain rights will be included as statutory terms does not prevent the parties from supplementing those terms, provided that the additional term does not directly conflict with (and therefore displace) the statutory term. For example, it would be open to the parties to agree another term to include an access right for the purpose of showing the property to prospective tenants once the current tenant has served notice to terminate the tenancy.

A tenant or landlord can refer a case to the Tribunal where he or she considers that the tenancy agreement appears to displace a statutory term of the tenancy in a way not permitted.

Q34. Are there any other terms that should be included in the regulations as a statutory term applicable to all private residential tenancies?

◘Yes - please tell us what other terms you think should be included and explain why you think they should be statutory terms
◘No
◘Unsure