Housing (Scotland) Act 2001: model short Scottish secure tenancy agreement

Model Short Scottish Secure Tenancy Agreement

1 INTRODUCTION

1.1 This document is a Short Scottish Secure Tenancy Agreement between us, [Name and address of landlord], and you:

........................................................................................ (tenant/joint tenant) and

........................................................................................................... (joint tenant)

1.2 We agree to rent accommodation to you on the terms and conditions in this Agreement. The accommodation includes the fixtures and fittings contained within it, the use of the common parts and the means of access to it. It also includes any other facilities that we may specify in writing to you. It is referred to as the "house" in this Agreement. The term "common parts" is explained at paragraph 1.11. If you ask us, we will give you a more detailed description of the house and a plan detailing your rights relating to the common parts, and access to your house.

1.3 The full address of the house is:

................................................................................................................................

................................................................................................................................

1.4 The tenancy will start on ................................. . [This Agreement will take effect from ................................. ] (the entry date). This is regardless of the date on which this Agreement is signed. The tenancy will continue from the entry date until the termination date which is................................. . However, if neither you nor us end the tenancy in one of the ways described in Part 6 of this Agreement the tenancy will be automatically renewed for the same period unless we and you agree that the renewed tenancy should be for a different period. That renewed tenancy will also be a short Scottish secure tenancy. In some circumstances, this short Scottish secure tenancy may automatically convert to a Scottish secure tenancy 12 months after the date of entry. See Part 6 for more details.

1.5 The rent is .......... every [week/fortnight/4 weeks/calendar month] [payable in advance by you on or before the first day of each rental period] [payable in arrears on the last day of each rental period]. [The following period(s) is/are rent free ...............................................................................................................................]

[ 1.6 We may provide services in connection with your tenancy. If we do, they are set out in a separate document together with the cost of each of those services. That document will also state whether the services are optional or compulsory. That document forms part of this Agreement. It is a condition of this Agreement that you pay for those compulsory services unless those services are housing support services provided via the local Council's Supporting People department.]

1.7 We will consult you about any proposed increase in rent or service charge and have regard to your opinions before we make our decision. We are entitled to change the amount of rent and any service charge, as long as we tell you in writing at least four weeks before the beginning of the rental period when the change is to start. We will not normally change the rent or service charge more than once every 12 months. You have a right, on request, to a statement of our rent and service charge policy. See paragraph 7.3 for more details.

1.8 If you break any part of this Agreement, we may:

• take legal action against you (including eviction proceedings); AND
• charge you for any resulting losses we have suffered including any legal expenses as assessed by the court.

1.9 You can telephone us or write to us if you would like to know more about anything contained in this Agreement. We will do our best to help you. You can also get independent advice and information from a number of organisations such as Law Centres, Solicitors, Housing Advice Centres, Citizens Advice Bureaux, Tenants Associations, the Commission for Racial Equality, the Equal Opportunities Commission and the Disability Rights Commission.

1.10 If you want another copy of this Agreement, we will provide one on request. If you want a copy of it in another language or another form (such as Braille or audio tape), please tell us and we will provide you with one as soon as we can. However, in the event of any dispute, it is this version of the Agreement which is binding on you and us.

1.11 INTERPRETATION

In this Agreement, the following words have the following meanings except where the context indicates otherwise.

• We/us/our - the landlord
• You/your - the tenant and any joint tenant
• Tenant - includes any joint tenant
• Neighbour - any person living in the locality
• Neighbourhood - the locality of your house
• Common Parts - this includes any part of the structure and exterior of the building in which the house is located (such as the roof, guttering, and outside walls) as well as any common facilities in that building (such as the common close, common stairway, entrance steps, paths, entrance doors and doorways, passages, bin chute accesses, yard, gardens, outhouses, bin areas, cellar, back green and back court)
• Repair - see paragraph 5.1
• House - see paragraph 1.2
• Co-habitee - a person, whether of the opposite sex or not, who is living with you in a relationship similar to that of husband and wife
• Family - this term includes: your spouse, co-habitee, parent, grandparent, child (including a child treated by you as your child and stepchildren), grandchild, brother, sister, uncle, aunt, niece, nephew; and any of those of your spouse
• Anti-social - see paragraph 3.2
• Overcrowding - more people are sleeping in the house than is allowed by section 135 of the Housing (Scotland) Act 1987
• Scottish secure tenancy - a tenancy as defined by section 11 of the Housing (Scotland) Act 2001
• Short Scottish secure tenancy - a tenancy as defined by section 34 of the Housing (Scotland) Act 2001

1.12 This Agreement, in parts, attempts to summarise current legislation. In case of conflict between those parts and current legislation, the legislation shall prevail. Where legislation has been amended since this Agreement was entered into, this Agreement shall be read consistently with the amended legislation.

1.13 You are responsible for ensuring that no-one living with you does anything that would be a breach of this Agreement if they were the tenant. If they do, we will treat you as being responsible for any such action.

1.14 CHANGING THIS AGREEMENT

No part of this Agreement may be changed except in the following circumstances:

• we and you agree in writing to change it; OR
• we increase the rent or service charge in the way described in paragraph 1.7 above; OR
• we or you apply to the sheriff under section 26 of the Housing (Scotland) Act 2001 for an order to change the Agreement and the sheriff grants such an order.

1.15 JOINT AND SEVERAL LIABILITY

If two or more people have signed this Agreement, they are jointly and severally liable for the terms and conditions of this Agreement. This means that each one of them is fully responsible for making sure that all the conditions in this Agreement are kept to, including payment of rent. You can apply for a joint tenant to be added to the tenancy: see paragraph 4.1 below.